When cabinet secretary Gus O’Donnell retires at the end of this year, the Cabinet Manual will be one of his most important legacies. He was the prime mover behind the project, and with consummate skill persuaded first Gordon Brown and then David Cameron to give it their political backing. Brown saw it as a step towards a written constitution; Cameron as cementing good coalition practices. What neither may have fully realised is that the Cabinet Manual serves to constrain prime ministers, and makes it that much harder for them to govern in the informal, ‘sofa government’ style adopted by Tony Blair.

The manual is the culmination of a growing codification of the business of government, and draws on 14 codes and other handbooks helpfully listed at the end: it is a ‘code of codes’. As such it provides a contextual framework for the other codes, and a guide to the fundamentals of the UK’s unwritten constitution. It is written primarily for ministers and their advisers; but it will also be an invaluable source on the inner workings of government for those, from journalists to students, who observe it.

It will also be invaluable for newcomers to the civil service, especially those entering at senior levels. Although the core chapters are on the Executive and collective cabinet decision-making, it covers much more than the workings of cabinet and the Cabinet Office. Further chapters cover the Executive and Parliament; the Executive and the law; ministers and the civil service; relations with the devolved assemblies and local government; relations with the EU and international bodies; government finance and expenditure; and official information. Senior officials will be familiar with much of the material, but all stand to learn something new (e.g. what is the difference between an ‘Order in Council’ and an ‘Order of Council’?).

What really breaks new ground are the first two chapters – on the sovereign, and elections and government formation. These open up the heart of the unwritten constitution, and codify some of its key conventions on issues including:

Exercise of the sovereign’s prerogative powers;

How the sovereign decides whom to appoint as prime minister;

Whether the incumbent prime minister should remain in office after an election (as Gordon Brown did) until it is clear who commands the confidence of Parliament;

What counts as a confidence motion, and what happens following a successful confidence motion.

In all these matters the manual treads a careful line, codifying existing practice while not seeking to extend it. But in one respect it does go further. The final section of chapter two, on elections and government formation, is headed ‘Restrictions on Government Activity’, and for the first time introduces a fully articulated caretaker convention into the UK. The caretaker convention limits ministers’ scope to make decisions if the government cannot clearly command confidence. Previous guidance applied such restrictions only during election periods; the manual makes it clear that restrictions will also apply in the aftermath of an election if there is no overall majority, or following a mid-term loss of confidence. The latter is now governed by the Fixed Term Parliaments Act, which allows 14 days for a new government to be formed; failing this, Parliament will be dissolved. The caretaker convention is given teeth by authorising permanent secretaries who object to a ministerial decision to seek formal directions, as they can on propriety or value for money grounds.

The Cabinet Manual elicited suspicion from some parliamentarians, who wanted it to be subject to formal approval by Parliament. But it is a document of the Executive; it is not intended to be legally binding, nor to set issues in stone. As Sir Gus said in his preface: “The content of the Cabinet Manual is not static, and the passage of new legislation, the evolution of conventions or changes to the procedures of government will mean that the practices it describes will evolve over time”. This is just the first edition, and it will continue to change in order to reflect new legislation – but it is already an impressive achievement.
P.S. Oh, and the answer to my question about council orders? Well, an Order in Council is a form of legislation issued by the sovereign, while an Order of Council can be issued by ministers. For more, access the manual’s glossary via the link below. ?

Professor Robert Hazell is one of the constitutional experts consulted by Sir Gus O’Donnell on successive drafts of the Cabinet Manual. The new Cabinet Manual was published on 24 October and can be found at www.cabinetoffice.gov.uk/resource-library/cabinet-manual

Professor Robert Hazell is director of the Constitution Unit at University College London

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Written by Robert Hazell