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Last updated: 06 May 2009
It is difficult to give comprehensive rules about which policies require clearance. It is important to uphold the system of collective decision making; but process for process' sake needs to be avoided. Where there is any doubt officials should contact the relevant Committee secretary who can give advice based on the individual circumstances. However, there are some general guidelines:
Policy or other proposals will require consideration by a Cabinet Committee where:
The Committee system also oversees the Public Service Agreements
(PSAs). Key decision points in the delivery of PSAs and any changes to
Delivery Agreements should be referred to the relevant Cabinet
Committee or Sub-Committee for a decision.
Departments should check at an early stage whether an issue needs to be
considered by a Cabinet Committee . It takes time to obtain collective
agreement for a policy and this needs to be factored into planning.
Pressures on Ministers' time make it difficult to get clearance at
short notice so it is important to discuss this with the Committee Secretariat as early as possible.
Departments must also consult the Treasury before
proposals with public expenditure implications are submitted to
Ministers collectively for approval. The Treasury has two longstanding
roles – ensuring Departments use their powers to incur expenditure only
as Parliament has intended, and within Government, maintaining sound
public finances and preserving economic stability. Where the department
proposing the policy and the Treasury cannot agree in advance, any
proposal for collective Ministerial consideration must record the
Treasury position in terms which are acceptable to them. The Cabinet
Committees will not sign off policy proposals with public expenditure
implications unless Treasury Ministers are content. If necessary,
issues will be referred to the Prime Minister, or, if he so decides,
Cabinet for decision.
The lead Minister and his department are responsible for seeking
clearance and all proposals should be considered on a case by case
basis. In borderline cases, the Ministerial Code advises Ministers to
seek collective consideration. This can be found at Ministerial Code: A Code of Ethics and Procedural Guidance for Ministers'.
Departments should keep Committee secretaries in touch with policy
developments in areas that are likely to require collective
discussions. Cabinet Office periodically asks departments for
information on issues likely to require collective consideration in the
next six months and departments should be able to provide this.
Committee secretaries are happy to advise on the process for reaching
agreement and the most appropriate Committee for an issue. Committee
secretaries can require policies to be subject to collective
consideration where they see it as necessary.
The kind of proposals which require collective considerations include:
Clearance at official level is not a substitute for allowing Ministers the opportunity to consider the proposals. It is however good practice to consult other departments whilst preparing to seek clearance. Questions should be examined inter-Departmentally before submission to a Ministerial Committee, so that the decisions required can be clearly defined and the information which Ministers need to enable them to take a decision can be identified.
Clearance may need to be sought at more than one point in a policy's lifecycle as illustrated by the figure below. However, where the policy has been agreed, it is often unnecessary to come back to the Committee at every stage. For example, in the figure below, it would not be necessary to ask a Cabinet Committee for clearance to publish the responses to a consultation. Officials should consult the relevant Committee secretary to agree the necessary milestones for clearance.
Clearance may need to be sought:
