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Public Administration and Constitutional Affairs Select Committee

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46-617: The Public Administration and Constitutional Affairs Select Committee , previously known as the Public Administration Select Committee, is a committee designated by the British House of Commons. Its purpose is to scrutinize reports from the Parliamentary and Health Service Ombudsman , address issues pertaining to the quality of administration delivered by civil service departments, and explore various matters concerning

92-409: A "robust" system was needed to uphold standards "with proper sanctions for those who break the rules". The committee was also concerned the government maintained its coming ethics adviser would not look into what happened round Suella Braverman 's resignation. MP's on the committee stated the government should not be able to decide what the adviser, not yet appointed, could investigate. In its report,

138-558: A Government department or a public authority after a Member of Parliament has referred a complaint by a member of public who claims to have suffered injustice as a result of maladministration. The Ombudsman may investigate maladministration or a failure of service within the National Health Service upon receiving a complaint by anyone who claims to have suffered injustice as a result of that maladministration or service failure. The Ombudsman possesses wide powers of investigation and

184-594: A combined Health and Local Government watchdog, which would be able to instigate investigations as it sees fit, instead of them being triggered by patient complaints. Rob Behrens said in November 2018 after the publication of a favourable report into the organisation by the Republic of Ireland ombudsman that he wanted a change in the law so the Ombudsman could launch investigations without a formal complaint. He wanted it to become

230-1003: A complaints standards authority with regulatory powers over the NHS as is the case in Scotland. The report said the law regulating the office was outdated and out of line with similar organisations in the UK and elsewhere. Some issues highlighted by Liam Donaldson in 2018 following the "avoidable death" of Oliver McGowan remain to be addressed. UK Government King Charles III [REDACTED] William, Prince of Wales [REDACTED] Charles III ( King-in-Council ) [REDACTED] Starmer ministry ( L ) Keir Starmer ( L ) Angela Rayner ( L ) ( King-in-Parliament ) [REDACTED] Charles III [REDACTED] [REDACTED] [REDACTED] The Lord Reed The Lord Hodge Andrew Bailey Monetary Policy Committee The government of

276-561: A greater or lesser degree (for instance Chancellor of the Duchy of Lancaster or Lord Privy Seal ). The government is sometimes referred to by the metonym " Westminster " or " Whitehall ", as many of its offices are situated there. These metonyms are used especially by members of the Scottish Government , Welsh Government and Northern Ireland Executive to differentiate their government from His Majesty's Government. The United Kingdom

322-478: A member of either House of Parliament. In practice, however, the convention is that ministers must be members of either the House of Commons or the House of Lords to be accountable to Parliament. From time to time, prime ministers appoint non-parliamentarians as ministers. In recent years such ministers have been appointed to the House of Lords. The government is required by convention and for practical reasons to maintain

368-412: A new House of Commons, unless the prime minister advises the monarch to dissolve Parliament , in which case an election may be held sooner. After an election, the monarch selects as prime minister the leader of the party most likely to command the confidence of the House of Commons, usually by possessing a majority of MPs. Under the uncodified British constitution , executive authority lies with

414-615: A poor service." The first UK Ombudsman was Sir Edmund Compton who had previously been the Comptroller and Auditor General . He was succeeded by Sir Alan Marre, a career civil servant. He was the first Ombudsman appointed for the National Health Service and combined that role with that of the Parliamentary Ombudsman as have all his successors. He later became chairman of Age Concern . The post was held by Dame Julie Mellor DBE from January 2012 until July 2016. By law, complaints made to

460-423: A remedy to put things right can be proposed. This can include an apology, a compensation payment for hardship or injustice and compensation for financial loss. Although the Ombudsman does not possess the power to compel a public authority to adhere to its findings, in practice, the public authority will comply. In 2010–11, more than 99% of the individual recommendations for remedy made by the Ombudsman were accepted by

506-454: A stage where they can be investigated, usually because the complainant has not completed the complaints procedure of the organisation complained about. Complaints about the NHS in England do not require an MP referral but both complaint processes require that the organisation complained about has had the opportunity to put things right. The Ombudsman may investigate the administrative actions of

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552-594: A substantial grant from the government, the Sovereign Support Grant , and Queen Elizabeth II's inheritance from her mother, Queen Elizabeth The Queen Mother , was exempt from inheritance tax . In addition to legislative powers, His Majesty's Government has substantial influence over local authorities and other bodies set up by it, through financial powers and grants. Many functions carried out by local authorities, such as paying out housing benefits and council tax benefits, are funded or substantially part-funded by

598-424: Is a constitutional monarchy in which the reigning monarch (that is, the king or queen who is the head of state at any given time) does not make any open political decisions. All political decisions are taken by the government and Parliament. This constitutional state of affairs is the result of a long history of constraining and reducing the political power of the monarch, beginning with Magna Carta in 1215. Since

644-468: Is able to determine the procedure for the investigation and to obtain information from such people as required. In respect of the gathering of evidence and the examination of witnesses, the Ombudsman has the same authority as the High Court . Defiance of these powers can be treated as contempt of court . If the Ombudsman finds that there has been injustice caused by maladministration or a failure in service,

690-596: Is not vital. A government is not required to resign even if it loses the confidence of the Lords and is defeated in key votes in that House. The House of Commons is thus the responsible house . The prime minister is held to account during Prime Minister's Questions (PMQs) which provides an opportunity for MPs from all parties to question the PM on any subject. There are also departmental questions when ministers answer questions relating to their specific departmental brief. Unlike PMQs, both

736-473: The Greater London Authority disputed. Similarly, the monarch is immune from criminal prosecution and may only be sued with his permission (this is known as sovereign immunity ). The sovereign, by law, is not required to pay income tax, but Queen Elizabeth II voluntarily paid it from 1993 until the end of her reign in 2022, and also paid local rates voluntarily. However, the monarchy also received

782-503: The Crown, who may use them without having to obtain the consent of Parliament. The prime minister also has weekly meetings with the monarch. What is said in these meetings is strictly private; however, they generally involve government and political matters which the monarch has a "right and a duty" to comment on. Such comments are non-binding however and the King must ultimately abide by decisions of

828-606: The European Parliament are immune from prosecution in EU states under any circumstance. As a consequence, neither EU bodies nor diplomats have to pay taxes, since it would not be possible to prosecute them for tax evasion. When the UK was a member of the EU, this caused a dispute when the US ambassador to the UK claimed that London's congestion charge was a tax, and not a charge (despite the name), and therefore he did not have to pay it—a claim

874-527: The Ombudsman are susceptible to judicial review by the courts. However, it has been held that the court would not readily interfere with the exercise of the Ombudsman's discretion. From 19 August 2014, members of the public have been able to search the summaries of investigations that the Parliamentary and Health Service Ombudsman has completed and published on their website. In October 2014, Julie Mellor and Local Government Ombudsman Jane Martin argued for

920-399: The Parliamentary Ombudsman about UK Government departments and other UK public organisations must be referred by a Member of Parliament (MP). This is sometimes referred to as the 'MP filter'. The Ombudsman will only look into complaints if the organisation complained about has been given the opportunity to put things right first. The Ombudsman often receives enquiries which have not yet reached

966-566: The United Kingdom , officially His Majesty's Government , abbreviated to HM Government , is the central executive authority of the United Kingdom of Great Britain and Northern Ireland . The government is led by the prime minister (currently Keir Starmer since 5 July 2024) who selects all the other ministers . The country has had a Labour government since 2024. The prime minister Keir Starmer and his most senior ministers belong to

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1012-493: The body complained about. In rare instances where the body complained about does not accept the Ombudsman's findings, the Ombudsman may lay a report before Parliament explaining that the injustice done to the complainant has not been, or will not likely to be, remedied. In such an event, the Select Committee that oversees the work of the Ombudsman is able to examine the matter and reach its own conclusions. Reports issued by

1058-440: The cabinet ministers for the department and junior ministers within the department may answer on behalf of the government, depending on the topic of the question. During debates on legislation proposed by the government, ministers—usually with departmental responsibility for the bill —will lead the debate for the government and respond to points made by MPs or Lords. Committees of both the House of Commons and House of Lords hold

1104-495: The chair of the Charity Commission . The committee chooses its own subjects of inquiry, within its overall terms of reference; however, it seeks evidence from a wide variety of individuals and groups with relevant interests and experience. The members of the committee are elected by their peers from any political party, and the committee itself mainly publishes its results through reports and making its recommendations known to

1150-411: The charity commissions) are legally more or less independent of the government, and government powers are legally limited to those retained by the Crown under common law or granted and limited by act of Parliament. Both substantive and procedural limitations are enforceable in the courts by judicial review . Nevertheless, magistrates and mayors can still be arrested and put on trial for corruption, and

1196-559: The civil service, primarily in England and Wales, as well as constitutional affairs. It is the principal select committee to which Cabinet Office ministers are accountable and thus handles pre appointment and accountability hearings for independent officers, with an independent civil society or cross departmental role, such as the First Civil Service Commissioner , the chair of the UK Statistics Authority and

1242-652: The committee also stated there should be legal action against former ministers who broke rules through taking certain jobs after leaving officed. Former ministers should look for advice from the Advisory Committee on Business Appointments but ministers cannot be made to accept this committee's advice. The record of the current government was strongly criticised. The committee want the ethics adviser to be able to carry out inquiries into historical behaviour. Parliamentary and Health Service Ombudsman The Parliamentary and Health Service Ombudsman ( PHSO ) comprises

1288-436: The confidence of the House of Commons. It requires the support of the House of Commons for the maintenance of supply (by voting through the government's budgets) and to pass primary legislation . By convention, if a government loses the confidence of the House of Commons it must either resign or a general election is held. The support of the Lords, while useful to the government in getting its legislation passed without delay,

1334-409: The exchequer to be a member of the House of Lords was Lord Denman , who served for one month in 1834. The British monarch is the head of state and the sovereign , but not the head of government . The monarch takes little direct part in governing the country and remains neutral in political affairs. However, the authority of the state that is vested in the sovereign, known as the Crown , remains

1380-701: The government and found there was an over-reliance "on a small ' oligopoly ' of large suppliers", which some witnesses before the Committee had described as a ' cartel '. An independent comment given prominence in the report described the UK as "a world leader in ineffective IT schemes for government". The Office of Fair Trading investigated but did not find sufficient evidence either to confirm that suppliers had been acting in breach of competition law , or to exonerate them. The government welcomed "the Committee's interest in and support for government Information and Communication Technology" and in response noted in particular that

1426-525: The government has powers to insert commissioners into a local authority to oversee its work, and to issue directives that must be obeyed by the local authority if the local authority is not abiding by its statutory obligations. By contrast, as in European Union (EU) member states, EU officials cannot be prosecuted for any actions carried out in pursuit of their official duties, and foreign country diplomats (though not their employees) and foreign members of

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1472-755: The government on the statement. When the government instead chooses to make announcements first outside Parliament, it is often the subject of significant criticism from MPs and the speaker of the House of Commons . The prime minister is based at 10 Downing Street in Westminster , London. Cabinet meetings also take place here. Most government departments have their headquarters nearby in Whitehall . The government's powers include general executive and statutory powers , delegated legislation , and numerous powers of appointment and patronage. However, some powerful officials and bodies, (e.g. HM judges, local authorities , and

1518-477: The government to account, scrutinise its work and examine in detail proposals for legislation. Ministers appear before committees to give evidence and answer questions. Government ministers are also required by convention and the Ministerial Code , when Parliament is sitting, to make major statements regarding government policy or issues of national importance to Parliament. This allows MPs or Lords to question

1564-557: The government was "in the process of breaking the contractual lock-in which places the majority of ICT business with a small group of major systems integrators", and "working to improve the quality of its ICT management information". Reports published in 2021 include The role and status of the Prime Minister’s Office , published in June 2021. In 2022 the committee reported on government ethics. Committee chair William Wragg stated

1610-514: The government. Royal prerogative powers include, but are not limited to, the following: While no formal documents set out the prerogatives, the government published the above list in October 2003 to increase transparency, as some of the powers exercised in the name of the monarch are part of the royal prerogative . However, the complete extent of the royal prerogative powers has never been fully set out, as many of them originated in ancient custom and

1656-535: The government. Membership of the committee is as follows: Following the resignation of William Wragg in 2024, the committee has no chair. Wragg had served as chairman since being elected in January 2020, defeating fellow Conservative MP David Jones by 335 to 183 votes. A ballot will take place in May 2024 to elect a new chair. The members of the select committee are: The election of the chair took place on 12 July 2017, with

1702-525: The members of the committee being announced on 11 September 2017. The election of the chair took place on 18 June 2015, with the members of the committee being announced on 6 July 2015. The election of the chair took place on 10 June 2010, with the members of the committee being announced on 12 July 2010. A March 2004 report considered the prerogative powers of Ministers. A major report published in July 2011 addressed procurement of Information Technology by

1748-658: The offices of the Parliamentary Commissioner for Administration (PCA) and the Health Service Commissioner for England (HSC). The Ombudsman is responsible for considering complaints by the public that UK Government departments, public authorities and the National Health Service in England have not acted properly or fairly or have provided a poor service. The Ombudsman is appointed by the Crown on

1794-496: The ombudsman cannot investigate personnel and commercial actions. The position of HSC was created later, under the Health Service Commissioners Act 1993 . The office of the Parliamentary and Health Service Ombudsman emphasises that it looks into complaints "that government departments, their agencies and some other public bodies in the UK – and the NHS in England – have not acted properly or fairly or have provided

1840-433: The period of absolute monarchy , or were modified by later constitutional practice. As of 2019, there are around 120 government ministers supported by 560,000 civil servants and other staff working in the 24 ministerial departments and their executive agencies . There are also an additional 20 non-ministerial departments with a range of further responsibilities. In theory, a government minister does not have to be

1886-555: The post of the Parliamentary Ombudsman was spurred on by the 1954 Crichel Down affair and by the activism of pressure groups, including the Society for Individual Freedom . The position was created, and his or her powers are documented in, the Parliamentary Commissioner Act 1967 , the most notable section of which is section 4 and Schedule 2, which constrain the powers of the incumbent ombudsman. Among other things,

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1932-629: The recommendation of the Prime Minister and is accountable to Parliament . The Ombudsman is independent of both the Government and the civil service and reports annually to both Houses of Parliament. The current Ombudsman is Rebecca Hilsenrath who has held the post since April 2024. The offices of the Parliamentary and Health Service Ombudsman are at Millbank Tower , London, however the majority of staff are now based in Manchester . The creation of

1978-433: The source of executive power exercised by the government. In addition to explicit statutory authority , the Crown also possesses a body of powers in certain matters collectively known as the royal prerogative . These powers range from the authority to issue or withdraw passports to declarations of war. By long-standing convention, most of these powers are delegated from the sovereign to various ministers or other officers of

2024-642: The sovereign, although this authority is exercised only after receiving the advice of the Privy Council . The prime minister, the House of Lords, the Leader of the Opposition, and the police and military high command serve as members and advisers of the monarch on the Privy Council. In most cases the cabinet exercise power directly as leaders of the government departments , though some Cabinet positions are sinecures to

2070-400: The start of Edward VII 's reign in 1901, by convention, the prime minister has been an elected member of Parliament (MP) and thus answerable to the House of Commons, although there were two weeks in 1963 when Alec Douglas-Home was first a member of the House of Lords and then of neither house. A similar convention applies to the position of chancellor of the exchequer . The last chancellor of

2116-572: The supreme decision-making committee, known as the Cabinet . Ministers of the Crown are responsible to the House in which they sit; they make statements in that House and take questions from members of that House. For most senior ministers this is usually the elected House of Commons rather than the House of Lords . The government is dependent on Parliament to make primary legislation , and general elections are held every five years (at most) to elect

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