(4) The position of civil servants
32. Unlike Ministers, civil servants are employees. They are employed by the relevant government department. They will typically have a detailed contract of employment, with a number of written policies which may or may not be contractual (depending on the department).
33. The Civil Service Code (unlike the Ministerial Code) has a statutory basis[1] and is incorporated into the contract of employment of every civil servant. Its core values are: integrity (putting the obligations of public service above personal interest); honesty (being truthful and open); objectivity (basing advice and decisions on rigorous analysis of the evidence); and impartiality (acting solely according to the merits of the case and serving equally well governments of different political persuasions).
34. The Civil Service Code contains more detail in relation to each of these core values. One relevant, or potentially relevant, aspect of this detail relates to the core value of 'objectivity'. The Civil Service Code states that civil servants must not ignore inconvenient facts or relevant considerations when providing advice or making decisions and must not frustrate the implementation of policies once decisions are taken by declining to take, or abstaining from, action which flows from those decisions.
35. While it forms part of the contract between a civil servant and her or his employer, the Civil Service Code may also be read as an exhortation to high standards of behaviour. It concludes:
This Code is part of the contractual relationship between you and your employer. It sets out the high standards of behaviour expected of you which follow from your position in public and national life as a civil servant. You can take pride in living up to these values.
(5) Confidentiality
36. The Terms of Reference stated that information provided to me as part of the investigation is provided in confidence. This has been and remains a central principle of the investigation. The integrity of the process itself depended on respect for this principle. It was also essential to ensure that no-one was deterred from participating
- ↑ Constitutional Reform and Governance Act 2010.
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