TNAG-2254-FCO40-3238-Hong-Kong-Port-and-Airport-Development-Strategy-(PADS)-gene-1991 — Page 80

GUIDELINES FOR OFFICIALS GIVING EVIDENCE TO DEPARTMENTAL SELECT COMMITTEES

Officials who give evidence to departmental Select Committees do so on behalf their Ministers in accordance with the principles that civil servants are accountable to Ministers, and that it is Ministers who are accountable to Parliament. In giving evidence, civil servants are therefore subject to the instructions of Ministers and remain bound to observe their duty of confidentiality to Ministers.

In the course of Select Committee inquiries into the expenditure, administration and policies of Departments and their associated bodies, the evidence given by officials will normally be concerned with explaining the policies and actions under- taken by Ministers, and by Departments on their behalf," and the reasons for those policies and actions. Sometimes, however, a Select Committee's inquiries may involve On such questions relating to what has been done by individual civil servants. occasions, the principles of Ministerial accountability are still applicable, ever if efficials have acted outside or contrary the authority given to them by

Ministers.

3. Subject to the general principles set out above, official witnesses should in all Select Committee inquiries be helpful as possible in answering questions concerned with the establishment of the facts of what has occurred in the making of decisions, or the carrying out of actions in the implementation of Government policies.

Select

There may however be occasions when questions put by members of Committee in the course of an inquiry appear to be directed to the "conduct" 0: individual civil servants. "Questions directed to the conduct" in this contex' Beans more than the establishing of facts about what has occurred; it carrie: the implication of allocating individual criticism er blame. In such circumstances in accordance with the principles of Ministerial responsibility, it is for th Minister to look into the matter and if necessary institute a formal inquiry. Suc

in ánquiry into the conduct and behaviour of ándividual civil servants consideration of disciplinary action is properly carried out within a Departmen according to established procedures designed and agreed for the purpose, and wit appropriate safeguards for the individual. re is then for the Minister to b responsible for informing the Committee of what has happened, and of what has bee done to put the matter right and to prevent a recurrence. Evidence to a Selec Committee on this should be given not by the individual civil servant or servant concerned, but by the Minister or by a

or by a senior official specifically designate by the Minister to give such evidence on his behalf. This would include the resul of any disciplinary or other departmental proceedings against individual civi

servants.

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It is agreed that Select Committees should not act as disciplinary tribunals Accordingly, if in the course of an inquiry a Select Committee were' to discove evidence that called in question the "conduct" of an individual named civil servant the Committee should be asked not to pursue their ewn investigation into th "conduct" of the person concerned, but to take up the matter with the Minister for whom it would then be to deal with it on the lines described above.

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If, when officials are asked to give evidence to a Select Committee, it i foreseen that the inquiry may involve questions about the "conduct" of the individua officials in question or about other individual named officials, it should be sugges ted to the Committee that it would be appropriate for a Minister or a senior officii designated by the Minister to give evidence, rather than the named officials i question. Any question which appears to relate to the "conduct" of individua civil servants, such as the allocation of blame for what has occurred, can the be answered by the Minister or designated senior official. If an official givit evidence to a Committee is unexpectedly asked questions which he or she believe are directed at his or her individual" "conduct", or at the "conduct" of anothe named individual civil servant, or if the official is uncertain whether or n questions fall into this category, the official should indicate that he or s wishes to seek instructions from his or her Minister, and the Committee shou: be asked to allow time for the Minister's instructions to be sought.

28 April 1987

• These quidelines supplement, and should be read in conjunction with, the memorandum of quidance for officials appearing before Select Committees, and will be incorporated in future editions of that guidance.