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The Osmotherly Rules, named for their author, a civil servant in the Machinery of Government Division of the British Cabinet Office named E.B.C. Osmotherly, are a set of internal guidelines specifying how government departments should provide evidence to Parliamentary select committees.[1] Covering procedures for both the House of Lords and the House of Commons, it has "no formal Parliamentary standing or approval, nor does it claim to have."[2]

Contents

History

Although they were first formally issued in May 1980, a similar document had been circulating throughout the 1970s. They were "prepared entirely for use within Government"[3] and had no official status in Parliament. An early edition of the Rules was caught up in the Westland affair, a political scandal in which the ministers were worried that officials being questioned by committees about individual conduct could be harmful; they were criticised as "unduly restrictive".[1]

The current edition dates from July 2005, and was issued by the Office of the Leader of the House of Commons (jointly with the Cabinet Office) under the name of Departmental Evidence and Responses to Select Committees.[2] It was described by the Commons Liaison Committee as "modest".[4]

Content

The rules state that civil servants ("officials") are not directly accountable to Parliament; rather, Secretaries of State, Ministers of State, Parliamentary Under-Secretaries of State and Parliamentary Private Secretaries (as the elected/appointed agents of the Crown) are accountable to Parliament, and their civil servants – essentially carrying out actions under ministerial powers and authority – are merely responsible to them, and thus cannot be summoned by Select Committees, as they are protected by the same rule that prevents Members of Parliament being summoned.[5] However, in general, if there is a dispute about the attendance of an official, the relevant minister should attend instead as a matter of courtesy. [4]

They also cover the occasions when it is considered appropriate for officials to refrain from giving evidence on the grounds of national security and public interest. The tests used in the most recent edition are based on those used by civil servants when considering whether or not to release material to the public following a Freedom of Information request.[6]

Other issues the rules provide guidance on include the limitations of Select Committees' powers to "send for persons, papers and records",[7] the procedures on committees summoning retired officials, parliamentary privilege, the point at which the cost of supplying information is considered excessive and the rules of sub judice.[1][2]

See also

References

  1. ^ a b c Gay, Oonagh (2005-08-04). "The Osmotherly Rules (Standard Note: SN/PC/2671)" (in English). Parliament and Constitution Centre, House of Commons Library. http://www.parliament.uk/commons/lib/research/briefings/snpc-02671.pdf. Retrieved 2009-05-22.  
  2. ^ a b c Osmotherly (Machinery of Government Division, Cabinet Office), E.B.C. (July 2005) (in English). Rules - revised July 2005.pdf Departmental Evidence and Responses to Select Committees. Cabinet Office. http://www.commonsleader.gov.uk/files/pdf/Osmotherly Rules - revised July 2005.pdf. Retrieved 2009-05-22.  
  3. ^ Memorandum of Guidance for Civil Servants Appearing before Select Committees [Dep 8664]
  4. ^ a b Rogers, Robert; Walters, Rhodri (in English). How Parliament Works. Pearson Longman. pp. 426. ISBN 140583255.  
  5. ^ "Factsheet G6: Disciplinary and Penal Powers of the House of Commons" (in English). House of Commons Information Office. March 2003. pp. 6. http://www.parliament.uk/documents/upload/G06.pdf. Retrieved 2009-05-22.  
  6. ^ "What is the public interest test?" (in English). Department for Constitutional Affairs. http://www.foi.gov.uk/guidance/exintro/chap07.htm. Retrieved 2009-05-22.  
  7. ^ "Standing Orders of the House of Commons" (in English). Standing Order 152(4)(a). House of Commons. 2009. pp. 174. http://www.publications.parliament.uk/pa/cm200809/cmstords/2/2.pdf. Retrieved 2009-05-22.  
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