The urgent need to update the Cabinet Manual 

The Cupboard Handbook is a crucial information to the workings of the UK’s uncodified structure, offering an accessible roadmap for ministers, officers and the general public. However the doc has not been up to date since its publication in 2011, regardless of some important constitutional modifications going down. On this submit, Lisa James argues that updating the Handbook must be a authorities precedence. 

The Cupboard Handbook describes the ‘legal guidelines, conventions and guidelines on the operation of presidency’. Printed in 2011, the doc introduced collectively for the primary time materials on the workings of the UK’s uncodified structure, offering an accessible information to the roles and duties of the federal government, and its relationship with different constitutional actors. 

Regardless of its significance, the Handbook has not been up to date since its publication, and doesn’t replicate constitutional modifications which have taken place because it was first drafted. Lately, work has taken place on an up to date draft – however following the 2024 common election, Cupboard Workplace representatives have recommended that this work is not a precedence. 

This submit argues that permitting the Handbook to lapse into the standing of a ‘historic reference doc’, as Cupboard Secretary Chris Wormald not too long ago put it, could be a mistake. The submit outlines the aim and historical past of the Cupboard Handbook, the necessity to replace it, and what motion the federal government may usefully take to replace the Handbook now, and to make sure that the brand new model doesn’t turn out to be outdated sooner or later. 

The Cupboard Handbook: function and historical past 

First developed below Gordon Brown’s authorities, and revealed by the coalition, the Cupboard Handbook was meant to offer ministers and officers with a information to the workings of the structure. Slightly than being a car to introduce reforms, it collected collectively present guidelines, practices and conventions in a single place. It additionally sought to keep away from detailed operational prescription, focusing as a substitute on comparatively high-level precept and follow. 

Its subject protection is broad: the Handbook consists of all kinds of knowledge regarding the organisation and functioning of Cupboard authorities, in addition to describing the function of the monarchy (together with the operation of prerogative powers), and the rules underlying elections and authorities formation. It additionally particulars the manager’s relationships with numerous different constitutional actors – notably parliament, the courts, and the devolved administrations. In an early instance of its worth, a draft of its part on elections and authorities formation was revealed in time to tell the conduct of the coalition negotiations following the 2010 election. The complete textual content was welcomed by the chair of the Home of Commons Political and Constitutional Reform Committee (in addition to by the Structure Unit); extra not too long ago, three present or former Cupboard Secretaries praised its usefulness as a ‘Freeway Code’ for the structure. 

The Cupboard Handbook has a very necessary function to play within the context of the UK’s uncodified structure. All constitutions relaxation on mutually shared expectations in regards to the rights and duties of various actors, taking the type of requirements and conventions – however the UK’s ‘political’ (moderately than ‘authorized’) structure is usually mentioned to be significantly reliant upon them. The Cupboard Handbook types a part of this political structure; whereas there aren’t any enforcement mechanisms or sanctions related to it, it lays out clear, officially-endorsed norms and expectations to information authorities behaviour – and towards which that authorities’s actions could be evaluated.  

The Cupboard Handbook additionally makes a major contribution to the transparency of the UK’s constitutional preparations. Constitutional guidelines, requirements, practices and conventions can take a variety of types. Statutes and codes of conduct are comparatively simple to find. However articulations of established practices and conventions – or new commitments – could be present in a variety of different locations. These may embody, for instance, written statements, ministerial correspondence, responses to pick committee studies, or Cupboard Workplace steerage. Among the most basic conventions underpinning the UK structure weren’t written down in any respect till their inclusion within the Cupboard Handbook – for instance, that the individual almost definitely to have the ability to command the arrogance of the Home of Commons must be appointed Prime Minister. There are clear advantages to a doc that pulls these guidelines and conventions collectively in a single place. The obvious beneficiaries are ministers and officers, however the Handbook has wider worth as an accessible public-facing rationalization of how key facets of the structure perform.  

Updating the Cupboard Handbook 

When the Cupboard Handbook was revealed, it was envisaged as a primary version which would wish common updating. The foreword, written by then Cupboard Secretary Gus O’Donnell, famous that: 

The content material of the Cupboard Handbook will not be static, and the passage of recent laws, the evolution of conventions or modifications to the inner procedures of presidency will imply that the practices and processes it describes will evolve over time. If the Cupboard Handbook is to proceed to play a helpful function as a information to the operations and procedures of presidency, it should have to be up to date periodically to replicate such developments. 

Nonetheless, no such updating has taken place. Because the Cupboard Handbook’s publication, the UK has left the European Union, the Supreme Court docket has dominated in two main courtroom circumstances on the bounds of prerogative powers, the Fastened-term Parliaments Act has been first handed after which repealed, and a brand new intergovernmental relations framework has been launched. Most of the different paperwork the Handbook attracts on and hyperlinks to have been up to date, leaving it referring to outdated variations. By means of distinction, the New Zealand Cupboard Handbook – which supplied inspiration for the UK doc – has been up to date six instances because it was first issued in 1979. The Could authorities promised in 2018 to replace the Cupboard Handbook following the UK’s departure from the EU, however collapsed the next yr. 

In 2021, the Home of Lords Structure Committee marked the Handbook’s 10-year anniversary with an inquiry into its updating. This concluded that the Handbook nonetheless had a priceless function to play, however warned that the doc risked changing into ‘moribund’ and deceptive if it was not up to date quickly. 

The Johnson authorities duly dedicated to publishing a brand new version of the Handbook by the top of the 2019–24 parliament. The same pledge adopted below the Sunak authorities, and in depth work came about on a brand new draft, which progressed far sufficient for specialists to be invited to touch upon redrafted chapters. However the revision was not accomplished in time for the 2024 common election.  

Since that common election, the Commons Public Administration and Constitutional Affairs Committee (PACAC) has pressed each Chancellor of the Duchy of Lancaster Pat McFadden and Cupboard Secretary Chris Wormald on their plans to replace the Cupboard Handbook. Each have given discouraging solutions; although McFadden confirmed that ‘the Cupboard Handbook can be up to date sooner or later’, each indicated that such updating will not be a authorities precedence. 

However the causes to replace the Handbook stay as urgent now as in 2021. The Structure Committee’s conclusions mirrored the truth that, whereas an correct Handbook can promote readability, transparency and accountability, an outdated doc will not be merely much less helpful, however dangers actively damaging all this stuff. Wider political developments over the previous few years additionally level to the worth an up to date Handbook can provide. The rising social gathering fragmentation of the voters may present specific urgency for a recent take a look at the part on authorities formation, simply because it did in 2010. And the worldwide political context – wherein political conventions and cultures are coming below rising risk in a variety of nations – supplies a pointy lesson within the significance of clarifying and reinforcing constitutional norms and requirements. 

What must be finished? 

Essentially the most pressing process is to supply an up to date model of the Handbook. If doable, this must be finished with out letting it develop in size, to keep up its deal with precept. As within the present version, extra detailed materials could be signposted and linked to, while not having to be reproduced in full. And, additionally as in 2010, a large session course of on a draft textual content would enable parliamentary committees and exterior specialists to assist determine gaps, inconsistencies or errors. A lot of the mandatory work has already been finished, and the method may very well be picked up the place it left off within the final parliament. 

However it might even be sensible for the federal government to take a longer-term view, and set up a course of for updating the Handbook that can forestall this case from arising sooner or later. Over the long term, revision of the Handbook must turn out to be a routine incidence, in order that the doc retains its accuracy and its worth. This sort of strategy has lengthy been used efficiently for related paperwork; notably, the Ministerial Code is by conference reissued when a brand new Prime Minister takes workplace. 

Each the Structure Committee and a report by the Institute for Authorities and Bennett Institute really helpful that an equal course of may see the Cupboard Handbook up to date firstly of every parliament, with interim updates issued within the case of main modifications. Such a course of may assure that the Handbook continues to ‘result in better transparency in regards to the mechanisms of presidency’, moderately than obscuring them. 

In regards to the creator

Lisa James is a Senior Analysis Fellow on the Structure Unit. 

Featured picture: Prime Minister Keir Starmer hosts Cupboard (CC BY 2.0) by UK Prime Minister.