Introduction
One of the core roles of the civil service is to advise ministers and the government of the day on policy. Policy analysis – developing and testing ideas about policy proposals – is central to this role. In interpreting this policy advice role, the civil servant is operating at the interface of political and administrative systems. The traditional doctrine of ministerial responsibility, set out in the Ministers and Secretaries Act 1924, holds the minister to be the ‘corporation sole’, so she or he is legally responsible for every action of the department. In practice, of course, this is a fiction. Murray (1990, p 70) outlines the traditional view of many civil servants on this issue:
In our system of parliamentary democracy I see the responsibility for policies lying primarily with ministers, not alone in a formal, legal sense, but also in a practical sense. Civil servants, however, have their own responsibilities. They cannot adopt a passive role, content to operate existing policies without regard to their continuing validity or relevance, refusing to consider whether changes are required by changing circumstances. They have a responsibility TO advise ministers on the need for change and to press this advice as forcefully as they can.
Within the constitutional and legal requirement of governmental-ministerial accountability with the minister as corporation sole, the Public Service Management Act 1997 introduced a new management structure to the civil service. As MacCarthaigh (2008, p 81) notes:
In relation to the policy-administration divide, the Act specifies that the responsibility for policy objectives and agreeing necessary results lies with ministers, while secretaries general advise ministers and ensure their department produces the necessary results…. The managerial role of secretaries general is much more explicit as a result of the Act.
Murray (2008, p 112) has identified the vital role of providing advice and wise counsel at the interface of the political and administrative systems:
… the delivery of advice inhabits a restricted domain occupied by those who must make decisions central to a country's wellbeing and those appointed to provide them with counsel that is well judged, independent, evidence-based and timely…. To state the obvious, the delivery of public services ultimately depends on the quality of policy decisions. No amount of capacity to deliver services efficiently will make the wrong service a good one. Yet how the capacity to provide wise counsel is shaped remains unclear.