Please note: The bill used to be know as the Executive Powers and Civil Service Bill

Lydia Clapinska, parliamentary and legal officer to Lord Lester (Lib Dem), explains the detail of his private member's Bill.

The Bill is intended to introduce reforms in relation to a range of Ministerial powers that are exercisable by virtue of the Royal Prerogative. Prerogative powers are rights and powers handed to Ministers by the monarch.

There is no definitive statement of the scope of these powers but they include the powers to ratify treaties with other countries, to mobilise troops, to regulate the Civil Service and make appointments to certain public positions.

Other examples of prerogative powers that are relied on by Government are the powers to issue and withdraw passports and to grant honours.

The Bill creates a number of statutory frameworks for the exercise of these powers.

They are referred to in the Bill as executive powers. It contains detailed provisions dealing with particular areas (the civil service, special advisers and public appointments) and makes provision for general review by Parliament in all other areas.

The Bill makes provision, amongst other things, with respect to:

• a statutory basis for review by Parliament of executive powers generally, with specific requirements in relation to treaties and armed combat;
• the fundamental principles underlying appointments to, and operation of, the Civil Service;
• duties of special advisers;
• the establishment of the Civil Service Commission as a statutory body;
• the functions of the Civil Service Commission, including powers of oversight of Civil Service appointments and conduct;
• the creation of the office of Commissioner for Public Appointments to advise on appointments to certain public offices and the establishment of a Parliamentary Public Appointments Committee to approve them.

In general the Bill applies to Great Britain and Northern Ireland.

The Bill is in four Parts.

Part 1 - Parliamentary authority for executive powers. This Part defines executive powers and places their exercise under the authority of Parliament. It imposes specific requirements for Parliamentary approval before treaties can be ratified or commitments can be made for direct participation in war and international peace-keeping activities. It also establishes a Committee of both Houses of Parliament ('the Executive Powers Review Committee') to report to Parliament on other circumstances in which executive action is taken.

Part 2 - The Civil Service and special advisers. This Part puts the fundamental principles that underlie the operation of the Civil Service onto a statutory footing and defines the role of special advisers. The core principles are that Civil Service appointments are to be made on the basis of merit and that Civil Service functions are to be discharged having regard to the need for impartiality and objectivity. Certain mechanisms are established with a view to ensuring that the overall structure is generally respected. In particular, the Civil Service Commission is set up as an independent statutory body with functions of audit and investigation.

Part 3 - Public appointments. This Part sets out a procedure for the making of certain public appointments. A Committee of both Houses of Parliament is established to approve them following the advice of a new statutory office holder, the Commissioner for Public Appointments.

Part 4 - Supplemental. This Part contains provision dealing with interpretation, commencement and territorial scope.

House of Lords

First reading: December 18 2003 (HL Bill 15)

Second reading: March 5 2004

Committee stage:

• March 26 2004

As amended in the commitee (HL Bill 50)

Report stage: May 13 2004

Third reading: May 20 2004

Please note: The bill used to be know as the Executive Powers and Civil Service Bill