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The British Bureaucracy and the Origins of Parliamentary Policy, I

Published online by Cambridge University Press:  02 September 2013

Charles Aikin
Affiliation:
University of California

Extract

This is a study of the factors that are at work in the determination of British legislative policy. With a tendency to generalize and over-simplify, various authorities have located this function in Parliament, in the cabinet, or in the civil service. Occasionally, mention is made also of the influence of the king or of pressure groups. Each authority is able to cite examples in support of his views, at least when his views have been challenged and mere assertions fail to satisfy. As a matter of law, it is easy to determine where the function lies; but the British constitution has never found in law the measure of its reality.

Contemptuous critics of democracy have been no less confused in properly locating this function than have been many of its supporters. Some defenders of the “democratic process” see the parliamentarian as one who translates the will of the electorate into public policy; and they see Parliament in turn delegating to technicians the duty of preparing the detailed rules that will effectuate that policy.

Type
Research Article
Copyright
Copyright © American Political Science Association 1939

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References

1 The term “civil service” is one for which there is no generally accepted definition. Defined broadly as including all officers and employees concerned with the administration of the laws of Parliament—excepting those employed in the local government services—the number of members is not much under half a million. See Sec. v below.

2 Quoted by Hammond, J. L., “The Romance of Nineteenth Century Politics,” Political Quarterly, Vol. 2, p. 239 (Aug.–June, 1931)CrossRefGoogle Scholar.

3 SirNewman, George, “The Health of the People,” A Century of Municipal Progress, (1935), p. 168Google Scholar. Newman listed the most significant of these laws: the Open Spaces Act and the Education (Provision of Meals) Act, 1906; the Public Health (Regulations as to Food) Act, the Notification of Births Act, the Public Health Amendment Act, and the Act establishing the School of Medical Service, 1907; and certain health and welfare acts culminating in the Maternity and Child Welfare Act of 1918. Ibid., p. 168.

4 Experiments in State Control (1924), pp. 394395Google Scholar.

5 Haldane, R. B., An Autobiography (1929), p. 183Google Scholar.

6 Quoted in Jennings, W. I., Cabinet Government (1936), p. 97, note 1Google Scholar.

7 Earl of Birkenhead, Contemporary Personalities (1924), pp. 201202Google Scholar; Finer, H., The British Civil Service (1937), pp. 179180Google Scholar.

8 Hobhouse, L. T., Democracy and Reaction (1905), pp. 146147Google Scholar. Some months ago, the writer listened to a vigorous debate in the House of Commons concerning the activities of one of the large home departments. A few days later, he learned from a responsible permanent official in the department that many of the statements made in defense of the department by its political head were inaccurate; the misrepresentation having been based on ignorance, not on bad faith.

9 Troup, C. E., The Home Office (1924), p. 5Google Scholar.

10 The Explosives Act of 1875 was made so elastic that for half a century changing needs were met by orders of the Home Secretary or orders in council.

11 Vol. 1, p. 390. It is a common experience for students of British government to be given in confidence facts which, if generally known, would modify the great esteem in which some well known British personalities are held.

12 The basis of this difficulty is easily understood. Ministers wish to appear in Parliament and to the public as effective departmental leaders. By both law and tradition, the mouths of those who could tell the truth are often sealed. Long after the event, facts may come to light that dispel the illusion of ministerial leadership, as was the case with Sir Edward Grey at the Foreign Office. The Fitzroy Memoirs, in commenting on the departmental service of Hanbury at the time of his death, explain the foundation of much of this difficulty. See Vol. 1, p. 129.

13 The minister has many sources of information available to him other than the permanent officials. It is an unusual department that has not had at least a part of its work examined by a royal commission, a select committee, or a departmental or interdepartmental committee of inquiry. The reports of these agencies are mines of information, and often their conclusions embody markedly differing views in majority and minority opinions. The departments also commonly have advisory committees—frequently many of them—constantly functioning, the opinions of which are available to the minister. Furthermore, the minister may examine the proposals made by independent investigators.

14 Hansard, April 14, 1926, Col. 304. See Robson, W. A., “The Public Service,” Political Quarterly, Vol. 7, p. 184 (April–June, 1936)CrossRefGoogle Scholar.

15 P. 194.

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