Political Neutrality: Fact Sheet 3 - The Relationship Between the Public Service and Ministers

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Political Neutrality: Fact Sheet 3 - The Relationship Between the Public Service and Ministers

The Relationship Between the Public Service and Ministers - What's free and frank advice? What's the role of political advisers? Should public servants draft Parliamentary Questions? Published by the State Services Commission, September 2003. ISBN 0-478-24441-X. A FULL COLOUR version of this Fact Sheet is published here in pdf (adobe acrobat). For the other Fact Sheets in this series see the 'Election guidance' section of this website.

Last updated 25/9/2003Plain text URL: http://www.ssc.govt.nz/political-neutrality-fact-sheet-3

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CONTENTS

The Respective Roles of Ministers and Chief Executives

Is there a clear boundary between the respective roles of Ministers and chief executives?

How does a chief executive's "statutory independence" relate to the political neutrality principle?

Can public servants request or permit Ministers to become involved in the detailed management of their agency?

Free and Frank Advice

What is "free and frank advice" and why is it important?

What if the Minister ignores or rejects the advice given?

What if the Minister has made it clear that certain advice will not be welcome?

What if a public servant believes the Minister is not being given free and frank, correct and complete advice from the agency?

What if the Minister is a member of the minority party in government and there are clear policy differences between the different coalition partners?

How should disagreements between Ministers and public servants over policy advice be dealt with?

What if the Minister asks public servants not to consult with other agencies or stakeholders?

What should public servants do if compliance with their Minister's instructions may involve a breach of the law?

Political Advisers and Ministers' Private Office Staff

What is the role of political advisers and what authority do they have in relation to the Public Service?

What arrangements should govern relationships between public servants and political advisers?

Can political advisers issue instructions to agencies?

What if political advisers ask agency staff to change policy advice before it gets to Ministers or Cabinet?

Do the same considerations apply to public servants who are seconded or appointed to work in their Minister's office, or are they subject to the political neutrality requirements?

Day-to-Day Support for Ministers

Is it appropriate for public servants to draft replies to Parliamentary Questions on behalf of their Minister?

Is it appropriate for public servants to draft Parliamentary Questions?

Should public servants prepare their Minister's speech notes?

Is it appropriate for public servants to arrange and/or participate in policy launches or publicity campaigns arranged on behalf of their Minister?

Are public servants who are appointed to a Ministerial taskforce or inquiry subject to the same political neutrality requirements?

Can (and should) chief executives, and other senior public servants, actively contribute to public debate about "the big issues" facing New Zealand?

If a public servant is criticised publicly (eg in the media or by their Minister), can that public servant defend themselves?

Who can I go to for help if faced with a political neutrality dilemma?

Further information

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