How to be a Civil Servant

Dr David Kelly

Introduction

This note summarises the civil service rules etc. which form part of the background to the events leading up to the death of Dr David Kelly.

Civil Servants and Ministers

Let's start with the duties of civil servants in relation to Ministers which are set out in what is known as the Armstrong Memorandum. The following extracts are relevant to the situation of Dr Kelly.

Civil Servants and Journalists

It seems highly unlikely that Dr Kelly was deliberately seeking to undermine Ministers when he was briefing journalists. Indeed, Lord Hutton concluded that Dr Kelly had not intended to discuss intelligence matters. It seems more likely that, as claimed by Susan Watts, he was merely gossiping, during or following briefings which he regarded as authorised. And he did not initially realise the gravity of the situation in which he found himself. What, then, are the responsibilities of both parties during and following such conversations?

The first point that needs to be made is that it is very rare for the most senior civil servants - such as Permanent Secretaries - to comment on government policies or performance. The reasons are obvious, and have been highlighted by the Kelly affair. Any criticisms, real or perceived, would be dynamite in the hands of any journalist, would be bound to be made public, and would destroy the officials' relationship with Ministers. Senior professional civil servants are therefore just like lawyers and doctors. They never, ever, talk about their clients.

This rule is observed less strictly the further the civil servant is from his or her Minister. At the extreme, no-one really minds if a filing clerk in a local office lets it be known that (s)he disapproves of the Government's transport policies. And David Kelly may well have felt that he could not be too strongly criticised for expressing concern - as a scientist rather than as a policy adviser - about behaviour that he suspected had taken place in No. 10, but which he had not actually witnessed.

This was almost certainly an error of judgement but, if so, Andrew Gilligan also seems to have erred in giving the impression that his source was more senior and more involved in drafting the Iraq dossier than was in fact the case. We will probably never know whether Mr Gilligan understand Dr Kelly's role and, if not, whether he failed to ask the right questions, perhaps for fear of spoiling a good story?

Civil Servants and Pressure

Are civil servants sometimes "put under pressure", for instance to serve up politically convenient drafts or advice? The short answer is almost always "No" - in the sense that pressure implies force and it is almost inconceivable that a UK politician would attempt to force a civil servant to do something clearly wrong or unprofessional. Indeed, it is hard to imagine what form the force would take, given the Ministers have very little influence over civil service careers and remuneration.

But civil servants will generally try very hard to respond to Ministerial concern that, say, a policy or communication is likely to be ineffective. Civil servants are paid to take account of Ministers' views in this way. To those observing the process from afar, this can look like responding to pressure. The truth, however, is that such interaction is at the heart of the professional relationship between Minister and official. It often leads to tension, when the two parties cannot quickly reach an accomodation acceptable to both. But experienced politicians and officials know how to handle and resolve such tensions, without resorting to the use of force.

Dr Kelly's Seniority

Dr Kelly was a member of the c.4000 strong Senior Civil Service (SCS) which is divided into 5 main grades. He was however in the lowest of those five grades. Indeed, he had not been promoted into the SCS in the usual way but had been promoted under "individual merit" arrangments, recognising his quality and value as a specialist microbiologist. He therefore did not appear on the Permanent Secretary's list of the 250 members of the SCS in the MoD.

According to MoD, individual merit promotion "provides the opportunity for staff to undertake their scientific or technological work unencumbered by the organisational and managerial responsibilities normally associated with the grade". But it seems possible that this form of promotion left Dr Kelly feeling undervalued, and maybe not a "proper" member of the SCS.

Dr Kelly's Pension

It has been reported that Dr Kelly feared that discipinary action might lead to his losing civil service pension. Such a fear was almost certainly totally unwarranted. I know of no law or disciplinary provision which could lead to the loss of accrued pension rights, and I have never heard of any public servant losing their pension, even on dismissal for a serious offence.

Appearing before Parliamentary Committees

Ministers and senior MoD officials have been criticised in the media for acting improperly by limiting the questioning of Dr Kelly by the two Select Committees of Parliament. This is unfair, as it is well established, as noted above, that officials are subject to the Minister's instructions when giving such evidence. It is therefore entirely proper for Ministers to constrain the freedom of officials who appear before committees as long as they are themselves willing to explain why they have done so. It would also seem entirely proper for MoD to tell Dr Kelly (and the two committees) that he was not free to speculate on matters outside his knowledge. More detail is elsewhere in this website, but the following paragraphs summarise the basic rules.


Click here to access other pages dealing with related subjects. And please help me keep this website up to date. Please do tell me if you have interesting new information, or if any of the links stop working. Thank you.