THE NOLAN COMMITTEE [on Ethics and corruption]
Asa direct result of this the Parliamentary Commissioner for Standards was created in 1995.
Background to the Nolan Committee:
John Major and Open Government
One of John Major's aims as Prime Minister was greater government accountability. The Citizen's Charter (1991) was a key element in the Government's desire to be more accountable. The Charter sets out six key principles
- standards;
- information and openness;
- choice and consultation;
- courtesy and helpfulness;
- putting things right;
- and value for money
Moreover, it raised public expectations as a result of the Charter (through, for example, a willingness to complain under the "putting things right" principle) were meant to have knock-on effects in terms of the requirements on government.
The Prime Minister major promised more Open Government (1993 onwards) including proposals for a non-statutory Code of Practice on Access to Government Information and statutory rights of access to personal and health and safety information. Under the Code, the Government is committed to
- publish the facts and analysis of the facts relevant to major policy proposals and decisions,
- and to give reasons for administrative decisions to those affected.
It is also committed to release official information in response to specific requests, subject to exemptions covering information that it is judged should remain confidential.
The Code is enforced by the Parliamentary Ombudsman.
The Nolan Committee into Standards of Public Life (1994)
The Nolan Committee was set up by the Prime Minister [John Major] in November 1994 in response to a number of well-publicised scandals in public life, particularly in Parliament, and culminating with two Members of Parliament being accused of accepting payment for tabling Parliamentary Questions (the "cash for questions" scandal). The Committee's terms of reference are:
"To examine current concerns about standards of conduct of all holders of public office [meaning Cabinet Ministers, civil servants and advisers, and Members of Parliament], including arrangements relating to financial and commercial activities, and make recommendations as to any changes in present arrangements which might be required to ensure the highest standards of propriety in public life."
The existence of the Nolan Committee on Standards in Public Life showed increasing concerns about standards. There was a perception of a decline in confidence in government and its institutions, and/or a feeling that standards of behaviour of M.P.'s were slipping.
For example, in 1994, 64% of people in a survey agreed that "Most MPs make a lot of money by using public office improperly", while only 28% agreed that most MPs have a high personal moral code"; in 1985 the proportions had been 46% and 42% respectively.
Professor Ivor Crewe, [Professor of Government, University of Essex and a member of the Nolan Committee] said:
"I myself do not believe that for one moment. I think that kind of behaviour is confined to a small - I would say tiny - minority of MPs. But the fact is that the public agree, by a ratio of three to one, with a blunt statement of that kind. I think that is something that should alarm the Committee; it certainly alarms me."
The introduction to the Nolan Committee's First Report sets out the concerns felt by many:
"We cannot say conclusively that standards of behaviour in public life have declined. We can say that conduct in public life is more rigorously scrutinised than it was in the past, that the standards which the public demands remain high, and that the great majority of people in public life meet those high standards. But there are weaknesses in the procedures for maintaining and enforcing those standards. As a result people in public life are not always as clear as they should be about where the boundaries of acceptable conduct lie. This we regard as the principal reason for public disquiet."
The Committee is a "Standing Committee", which means that it will continue to work pending a specific decision of cessation by the Government, and is not limited for example to a single report. As a result, it has the ability to return in later years to see if earlier recommendations have been implemented, which is likely to make it particularly important. The Committee's First Report was published in May 1995 and covered MPs, Ministers, Civil Servants and "Quangos". Its recommendations on MPs - including a declaration of amounts earned in a Member's Parliamentary capacity representing outside interests - have been particularly controversial, but have been broadly accepted by Parliament.
