Penman calls on government to resolve conflict between civil servants' legal obligations and ministerial instructions

Friday 15 Mar 2024 @ 16:20
FDA

As reported in the Guardian, the FDA has written to Home Secretary James Cleverly and Minister for the Cabinet Office John Glen to raise concerns that the government’s Safety of Rwanda (Asylum and Immigration) Bill places civil servants in a conflict between their professional and legal obligations and instructions from elected ministers.

Clause 5 of the Bill concerns interim measures indicated by the European Court of Human Rights (ECHR) in relation to the transfer of asylum seekers to Rwanda. It currently states that it is for ministers to decide whether to comply with such interim measures. Setting out his concerns, Penman said:

"If ministers instruct civil servants not to comply with an interim measures indication, they will be putting the UK in breach of international law. Whilst we recognise that it is ultimately for democratically-elected ministers who are accountable to Parliament to decide how the UK should implement treaty commitments, the difficulty arises because civil servants have personal legal obligations under domestic law not to act contrary to international law. That obligation is not capable of being overridden by any ministerial instruction or guidance.”

Talking to Times Radio, Penman set out how the government can move this Bill forward, while addressing these concerns:

“You can change the Civil Service Code to say civil servants are allowed to break the law, or you can change the primary legislation”.

Currently, the government is doing neither.

Writing for Civil Service World, Penman argued that their unwillingness to do this “is an indication of how the government is prepared to throw civil servants under a bus to solve their own internal party factionalism”.

Penman has stressed that “this is not a political commentary on the Rwanda Bill”, rather he is simply seeking clarity for FDA members.

The FDA has requested the government urgently responds to these concerns and will update members when the government has responded and the union is clear on the next steps it intends to take.

Channel website: https://www.fda.org.uk/

Original article link: https://www.fda.org.uk/home/Newsandmedia/News/Penman-calls-on-government-to-resolve-conflict-between-civil-servants-legal-obligations-and-ministerial-instructions.aspx

Share this article

Latest News from
FDA

Funding the Nation: Optimising HMRC – FDA hosts leading tax experts to discuss new report

21/03/2024 13:10:00

The FDA was pleased to host a panel of the UK’s leading tax experts to discuss the findings of our landmark report, which suggests targeted investment in HMRC could deliver an additional £11.3bn for the treasury.

FDA calls on Senedd to implement “fully independent process for dealing with complaints of bullying, harassment and sexual harassment”

09/02/2024 14:10:00

FDA Cymru|Wales has called on the Senedd to “implement a fully independent process for dealing with complaints of bullying, harassment and sexual harassment” made against MSs.

Announcement on risk-based exclusion in Parliament a "significant victory", says FDA

14/12/2023 15:15:00

The House of Commons Commission have released updated proposals on a risk-based exclusion policy.

Gender pay gap shows women are among those bearing the brunt of a broken civil service pay system, says FDA

01/12/2023 16:25:00

A number of civil service departments have released their annual gender pay gap reports for 2023, all of which show a clear gap between the earnings of men and women.

The state of pay in the civil service

24/11/2023 13:10:00

The FDA’s new report, ‘The state of pay in the civil service’, paints a stark picture, with unambiguous testimony from civil servants detailing widespread dissatisfaction with the pay system, which is having a devasting impact on morale.

FDA achieves major breakthrough on Fast Stream pay

17/08/2023 16:05:00

Following a long period of negotiations after the union’s successful ballot for industrial action earlier this year, the FDA has reached an agreement with the Cabinet Office on a significant new pay offer for the civil service Fast Stream.

“Ministers decide the shape and remit of the civil service”

11/08/2023 15:10:00

The FDA has responded to a report from the Taxpayers’ Alliance that highlights the growth in the civil service headcount since 2016. FDA Assistant General Secretary Lucille Thirlby told GB News that “the case that the civil service is growing exponentially beyond any means, and by its own volition, is a complete nonsense. Ministers decide the shape and remit of the civil service”.

Watch out for signs of loan fee fraud as summer spending fuels financial pressure

09/08/2023 15:05:00

With summer in full swing, the FCA launches its latest campaign to help consumers spot and avoid loan fee fraud.

FDA to build on improved pay offer by campaigning for reform of “broken” pay system

14/06/2023 13:15:00

Last week, the FDA’s Executive Committee met to discuss the revised pay package announced by the Cabinet Office on 2 June. They agreed that it represents a significant improvement on the original pay framework for the civil service and addresses most of the factors that led to the dispute.

WIREDGOV