Committee
on Standards
in Public Life
Chair:
Sir Nigel Wicks GCB, CVO, CBE
19"' August 2003
Dear Mr Clarke,
Thank you for your letter to Sir Nigel
Wicks, dated July 18 2003. Unfortunately, as Victoria Williams
pointed out to you in her letter of August 7, it was wrongly
addressed to the House of Commons and only arrived here on
August 6.
Sir Nigel Wicks has now read your letter
with interest and care and has asked me to reply. The Committee
on Standards in Public Life is mandated to look at general issues
of "current concern" relating to the standards of
propriety of public office holders. I therefore regret that the
questions you raise largely fall outside our remit.
You asked whether Departments are required
to comply with the Code of Practice on Written
Consultation (Cabinet Office, November 2000). This Code is
binding on UK Departments "unless Ministers conclude
that exceptional circumstances require a departure."
You also ask that the
Committee on Standards in Public Life (CSPL) "look into the
behaviour of the [former Lord Chancellor's Department] Ministers
responsible for this consultation
document" on the Criminal Defence Service to investigate
why consultation criteria 5
was not kept to. As I explained above the mandate of CSPL
prevents it from investigating individual cases like the
length of consultation in a particular instance or, later in
your letter, about alleged untruths in published documents.
Questions like these need to raised with the Department
concerned (in this case the new Department for Constitutional Affairs)
or if maladministration is alleged with the Parliamentary
Commissioner for Administration through your Member of
Parliament.
I
am sorry not to be able to be more helpful.
Yours sincerely
Robert
Behrens
sectretary
Members: Sir
Anthony Cleaver, Rita Donaghy OBE, Lord Goodhart QC, Frances
Heaton, The Rt Hon Lord MacGregor of Pulham Market OBE, Rabbi
Julia Neuberger, The Rt Hon Chris Smith MP Secretary:
Robert Behrens
The
Wicks Committee
The Committee on
Standards in Public Life Internet : http://www.public-standards.gov.uk
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