European and British flags.
In recent elections, both the General Election or the European Election, Liberal Democrat candidates have included officials or civil servants working for EU institutions in Brussels.
There is no restriction on them standing in these elections. I saw many of them do an excellent job.
On the other hand, UK civil servants are generally banned from standing as candidates to be MP or MEPs.
Isn’t it time to address this inconsistency and relax the rules that mean civil servants cannot be chosen by their peers to represent them in our parliaments?
Some of the UK’s most talented, dedicated, civic minded citizens work as civil servants.
These are people who work for parts of the national government. They might work in a Whitehall office building. for say the Ministry of Defence or Foreign Office or Department for Health, or in another part of the country. They might work in the JobCentre or for HMRC. They might work indoors or outside for the Forestry Commission or the Environment Agency. They might work at the Charity Commission, the Land Registry ot the National Archives.
All of these people frequently have skills that would make them ideal candidates for public office. But generally speaking (the rules vary for department to department) they are barred from standing for the UK Parliament and European Parliament.
Many of them cannot stand even if they are not otherwise politically restricted. I don’t mind if my car mechanic or my doctor canvasses for a political party and I don’t mind if the person who might help me at the JobCentre does either.
The basis for this rule is often holding “an office for profit under the Crown” going back to the days when the monarch was politically active and the public did not want the Commons to contain king’s men, whose independence was compromised by government money coming into their pockets.
This rule is slightly meaningless today. A candidate cannot be allowed to be an employee of Her Majesty’s Government but can own a company that does work for and thereby receives funds from the Crown.
UK civil servants can stand if the are willing to resign their job (not just take a leave of absence) with no right of reappointment should they not be elected.
This is an inconsistency that should not be allowed to continue.
* Antony Hook was #2 on the South East European list in 2014, is the English Party's representative on the Federal Executive and produces this sites EU Referendum Roundup.
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9 Comments
And what then about the rule that prevents council employees standing as councillors?
Antony: It depends on whether the party you support can deliver a safe seat.
The general rules divide civil servants into three classes, politically free (lowest paid grades) intermediate, politically restricted (highest paid grades).
There are further rules for people with security clearance.
If it is desired to stand for Parliament it is necessary to resign from the Civil Service under an understanding that one should not expect to get the previous job back.
An application to stand as a borough councillor might be granted, with permission.
Applications for non-political roles, such as magistrates, Jury service, etcetera are granted with pay, although there is still the risk that absence means missing meetings at work, less experience etcetera.
I do not know about standing for election to a devolved parliament or assembly.
Thanks Richard.
That is helpful detail that I am sure will interest many.
I believe the Disqualification Act applies identically to the devolved legislatures. A few years ago we lost a Lib Dem AM who was disqualified from being elected. He was a list AM so could be replaced.
Isn’t it time to address this inconsistency
Maybe, however the other way of addressing this inconsistency is to ask whether we should be seeking to apply the UK restrictions to the EU; given there is a clear anti-corruption aspect to the UK regulations…
I agree heartily. I am one of those affected by this. I would love to be able to run for office as a LD candidate but cannot do so without resigning my job. You might say “take the chance” but it would affect my family, not just me. And I would be naive/rash to be a paper candidate or stand somewhere completely unwinnable. Anthony rightly suggests this needs addressing – but how?
I agree with Antony’s argument that civil servants can make ideal candidates. However, as a former civil servant, I would be concerned about politicisation of and conflicts of interest within the service, and the growth of dual mandates. In my view, our impartial civil service works well with the restrictions on running for public office, albeit at the cost of not enhancing political discourse. In my case, I regarded my voluntary early retirement an ideal opportunity to become politically and academically involved after years of understandable but at times frustrating restraint!
Senior grades of civil servants are there to research, give advice and execute government policy. Governments are of different political parties so civil servants have to be politically neutral, unless like the US you have civil services where senior appointments are political and are changed with a change of government.
How do we take this to the next level? A work as a minibus driver for Leeds City Council, therefore I cannot stand for election. Its ridiculous, its a human right to stand for election. If there is a conflict, I would gladly resign once elected, but there is no conflict.
Can you tell me exactly which law prevents me from standing, and how to appeal it?
I am still attempting to see of the latest report from the Electoral Commission has made any progress. As the article says, allowing millions more people to stand as candidates will be a vote winner. I cannot stand for election to my local authority, but if I lived in Scotland with the same circumstances, I could stand. Is no one listening in here?
I am expecting a reply from the Cabinet Office in the coming days/weeks.