Osmotherly Rules
Encyclopedia
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. 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."
, 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".
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. It was described by the Commons Liaison Committee
as "modest".
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. 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.
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
.
Other issues the rules provide guidance on include the limitations of Select Committees' powers to "send for persons, papers and records", 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
.
British Civil Service
Her Majesty's Home Civil Service, also known as the Home Civil Service, is the permanent bureaucracy of Crown employees that supports Her Majesty's Government - the government of the United Kingdom, composed of a Cabinet of ministers chosen by the prime minister, as well as the devolved...
in the Machinery of Government Division
Departments of the United Kingdom Government
Her Majesty's Government of the United Kingdom contains a number of Cabinet ministers who are usually called secretaries of state when they are in charge of Government departments called ministerial departments...
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. Covering procedures for both the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
and the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
, it has "no formal Parliamentary standing or approval, nor does it claim to have."
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" and had no official status in Parliament. An early edition of the Rules was caught up in the Westland affairWestland affair
The Westland affair was a political scandal for the British Conservative government of Margaret Thatcher in 1986. The argument was a result of differences of opinion within the government as to the future of the United Kingdom helicopter industry. The struggling Westland company, Britain's last...
, a political scandal
Political scandal
A political scandal is a kind of political corruption that is exposed and becomes a scandal, in which politicians or government officials are accused of engaging in various illegal, corrupt, or unethical practices...
in which the ministers were worried that officials being questioned by committees about individual conduct could be harmful; they were criticised as "unduly restrictive".
The current edition dates from July 2005, and was issued by the Office of the Leader of the House of Commons
Leader of the House of Commons
The Leader of the House of Commons is a member of the Cabinet of the United Kingdom who is responsible for arranging government business in the House of Commons...
(jointly with the Cabinet Office) under the name of Departmental Evidence and Responses to Select Committees. It was described by the Commons Liaison Committee
Liaison Committee
The Liaison Committee is a topical committee of the British House of Commons, the lower house of the United Kingdom Parliament. The committee consists of the Chairmen of the 32 Commons Select Committees and the chairman of the Joint Committee on Human Rights....
as "modest".
Content
The rules state that civil servants ("officials") are not directly accountableAccountability
Accountability is a concept in ethics and governance with several meanings. It is often used synonymously with such concepts as responsibility, answerability, blameworthiness, liability, and other terms associated with the expectation of account-giving...
to Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
; rather, Secretaries of State
Secretary of State (United Kingdom)
In the United Kingdom, a Secretary of State is a Cabinet Minister in charge of a Government Department ....
, Ministers of State
Minister of State
Minister of State is a title borne by politicians or officials in certain countries governed under a parliamentary system. In some countries a "minister of state" is a junior minister, who is assigned to assist a specific cabinet minister...
, Parliamentary Under-Secretaries of State
Parliamentary Under-Secretary of State
A Parliamentary Under-Secretary of State is the lowest of three tiers of government minister in the government of the United Kingdom, junior to both a Minister of State and a Secretary of State....
and Parliamentary Private Secretaries
Parliamentary Private Secretary
A Parliamentary Private Secretary is a role given to a United Kingdom Member of Parliament by a senior minister in government or shadow minister to act as their contact for the House of Commons; this role is junior to that of Parliamentary Under-Secretary, which is a ministerial post, salaried by...
(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. 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.
They also cover the occasions when it is considered appropriate for officials to refrain from giving evidence on the grounds of national security
National security
National security is the requirement to maintain the survival of the state through the use of economic, diplomacy, power projection and political power. The concept developed mostly in the United States of America after World War II...
and public interest
Public interest
The public interest refers to the "common well-being" or "general welfare." The public interest is central to policy debates, politics, democracy and the nature of government itself...
. 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
Freedom of information in the United Kingdom
Freedom of information legislation in the United Kingdom is controlled by two Acts of the United Kingdom and Scottish Parliaments respectively, which both came into force on 1 January 2005.* Freedom of Information Act 2000...
.
Other issues the rules provide guidance on include the limitations of Select Committees' powers to "send for persons, papers and records", the procedures on committees summoning retired
Retirement
Retirement is the point where a person stops employment completely. A person may also semi-retire by reducing work hours.Many people choose to retire when they are eligible for private or public pension benefits, although some are forced to retire when physical conditions don't allow the person to...
officials, parliamentary privilege
Parliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...
, the point at which the cost of supplying information is considered excessive and the rules of sub judice
Sub judice
In law, sub judice, Latin for "under judgment", means that a particular case or matter is currently under trial or being considered by a judge or court...
.
See also
- British Civil ServiceBritish Civil ServiceHer Majesty's Home Civil Service, also known as the Home Civil Service, is the permanent bureaucracy of Crown employees that supports Her Majesty's Government - the government of the United Kingdom, composed of a Cabinet of ministers chosen by the prime minister, as well as the devolved...
- Select Committee (Westminster System)
- Secretary of State (United Kingdom)Secretary of State (United Kingdom)In the United Kingdom, a Secretary of State is a Cabinet Minister in charge of a Government Department ....
- Permanent SecretaryPermanent SecretaryThe Permanent secretary, in most departments officially titled the permanent under-secretary of state , is the most senior civil servant of a British Government ministry, charged with running the department on a day-to-day basis...
- Cabinet SecretaryCabinet SecretaryA Cabinet Secretary is almost always a senior official who provides services and advice to a Cabinet of Ministers. In many countries, the position can have considerably wider functions and powers, including general responsibility for the entire civil service...
- Cabinet Office (UK)
- Leader of the House of CommonsLeader of the House of CommonsThe Leader of the House of Commons is a member of the Cabinet of the United Kingdom who is responsible for arranging government business in the House of Commons...