Search Results

Internal Control

Matthew Flinders and Matthew Denton

in Delegated Governance and the British State: Walking without Order

Having set out the structure of the state, this chapter seeks to uncover the manner in which public bodies are controlled by their parent department (or departments), and particularly how an ... More

Having set out the structure of the state, this chapter seeks to uncover the manner in which public bodies are controlled by their parent department (or departments), and particularly how an effective balance between independence and control is maintained. Research suggests that the governance arrangements vary greatly between departments and that the issue of internal control has been a critical concern amongst politicians and policy-makers for several decades.Less

Definitions and Frameworks: Hilkka Summa

Hilkka Summa

in Performance or Compliance?: Performance Audit and Public Management in Five Countries

This chapter discusses various definitions of the concept of performance auditing. It suggests that performance audit can be understood by clarifying its distinction with other related activities, ... More

This chapter discusses various definitions of the concept of performance auditing. It suggests that performance audit can be understood by clarifying its distinction with other related activities, such as financial or compliance audit, inspection or programme evaluation. Another way is by looking at the works performed by SAIs. The most widely accepted definitions connect performance auditing with the review of the three Es, which are economy, efficiency, and effectiveness of public bodies or programmes.Less

Freedom of information and the media: a case of delay, deny, defeat?

Conor Ryan

in Ireland and the Freedom of Information Act: FOI@15

FOI, for a generation of post-Troubles Irish journalists, has unearthed many important stories and allowed journalists to report in the public interest on important investigations. However, ... More

FOI, for a generation of post-Troubles Irish journalists, has unearthed many important stories and allowed journalists to report in the public interest on important investigations. However, restrictions on the Act since 2003 have severely curtailed journalists’ ability to carry out investigations and ensure accountability for the public. Inconsistencies in approach from public bodies have in many cases made the Act almost impossible to use successfully in an accountability role as a reporter. Chronic understaffing at the Office of the Information Commissioner’s office has also meant that, in effect, access delayed is access denied in many instances. Ryan also laments the inability of the FOI regime to implement any system of precedent – and charts his own personal experiences with various public bodies, in which he has requested access to material that both the Information Commissioner and the High Court have previously ruled should be released, but which continues to be denied by decision-makers. He also examines the use of exemptions such as personal information and commercial sensitivity, and demonstrates again how inconsistencies in approach are leading to poor decision-making on FOI by public bodies.Less

The Governance of Nature Conservation

Christopher P. Rodgers

in The Law of Nature Conservation

This chapter explains the governance arrangements for delivering public policy for nature conservation in the UK. It considers the roles and functions of statutory conservation bodies (Natural ... More

This chapter explains the governance arrangements for delivering public policy for nature conservation in the UK. It considers the roles and functions of statutory conservation bodies (Natural England, the Countryside Council for Wales, and Scottish Natural Heritage); the Joint Nature Conservation Committee; other public sector bodies (the Environment Agency, the Marine Management Organisation, and central and local government); and private sector bodies (the National Trust, and the wildlife and conservation trusts) in the delivery of nature conservation. It concludes with a discussion of the impact of the Localism Act 2011 and changes intended to enhance the role of private individuals and organizations in delivering policy for nature conservation.Less

The use of quangos

Derek Birrell

in Direct Rule and the Governance of Northern Ireland

This chapter analyses changes in public bodies or quangos in Northern Ireland under direct rule. It discusses the key distinction between quangos sponsored by Northern Ireland departments and those ... More

This chapter analyses changes in public bodies or quangos in Northern Ireland under direct rule. It discusses the key distinction between quangos sponsored by Northern Ireland departments and those sponsored by the Northern Ireland Office and other United Kingdom departments. This chapter contends that during direct rule there was a stronger case for the use of quangos in the absence of devolved government and with limited local government as they provided a mechanism for local participation and localised delivery.Less

Governments and Activities in the Public Interest

Sijbren Cnossen

in Modernizing VATs in Africa

Chapter 11 discusses the EU legacy of taxing public bodies, illustrated by the African experience. The EU’s out-of-scope approach is bedevilled by distortions arising from the self-supply bias, the ... More

Chapter 11 discusses the EU legacy of taxing public bodies, illustrated by the African experience. The EU’s out-of-scope approach is bedevilled by distortions arising from the self-supply bias, the investment disincentive, and, somewhat more remotely, unfair competition vis-à-vis the private sector. Outside Africa, countries with VAT have addressed these issues differently. Various EU countries and Canada, for example, have designed input tax refund mechanisms to eliminate the self-supply bias and the investment disincentive. Still other countries, such as New Zealand, tax governments and activities in the public interest in full and have thus come to terms with the unfair competition issue, too. A concluding section summarizes the characteristics and effects of the various approaches and attempts to formulate a recommendation for African countries.Less

Damages and the Right to an Effective Remedy for Breach of European Community Law

Clive Lewis

in The Golden Metwand and the Crooked Cord: Essays in Honour of Sir William Wade QC

The courts are in the process of grappling with the problems of the appropriate remedies for actions by public bodies which breach European Community law. In particular, they are currently dealing ... More

The courts are in the process of grappling with the problems of the appropriate remedies for actions by public bodies which breach European Community law. In particular, they are currently dealing with the question of when and subject to what principles an individual can claim compensation in damages in the event that a public body in the United Kingdom violates European Community law. This chapter discusses the European Court's approach to remedies, damages, legislative action, non-discretionary and administrative acts, and the need for English courts to adapt their normal approach to damages for unlawful administrative action to accommodate the requirements of Community law.Less

Which third sector organisations are involved in the delivery of public services? Evidence from charity accounts and from survey data

John Mohan and David Clifford

in The Third Sector Delivering Public Services: Developments, Innovations and Challenges

The chapter shows that delivery of public services is an important part of the activities of the third sector, but in the past it has been difficult to gain a granular picture of which organisations, ... More

The chapter shows that delivery of public services is an important part of the activities of the third sector, but in the past it has been difficult to gain a granular picture of which organisations, and where, are engaged in it. Building on previous usage of data generated by NCVO, as well as large-scale surveys of third sector organisations undertaken in England in 2008 and 2010 which provide considerable facility for disaggregation, the chapter extends the use of them to consider the numbers and characteristics of organisations which say that they are involved in the delivery of public services. Thus it is possible to explore funding sources, location, scale of operation, and income. It also considers organisations’ perceptions of their relationship with various public sector bodies and also about sections of the operating environment.Less

Negotiated Outcomes and the Wider Legislative Impact of the Lords

Meg Russell

in The Contemporary House of Lords: Westminster Bicameralism Revived

This chapter uses a case study approach to analyse the broader legislative impact of the House of Lords, beyond government defeats. It considers amendments to 12 bills in the 2005 and 2010 ... More

This chapter uses a case study approach to analyse the broader legislative impact of the House of Lords, beyond government defeats. It considers amendments to 12 bills in the 2005 and 2010 parliaments. Analysis of the origin and outcome of each amendment shows that while most that succeeded had government backing, the majority of them had previously been pressed on government by non-government peers. The chapter then considers six 'modes’ of legislative debate in the Lords: probing mode, quasi academic (expert) mode, constitutional propriety mode, interest group mode, second thought mode and adversarial mode. The chapter also discusses government’s internal preparation of legislation, and concludes that the Lords has an important deterrent role, through 'anticipated reactions’, as well as forcing actual amendments once bills are introduced. Private Members’ Bills are also briefly discussed.Less

Constitutional Foundations and the Design of the Austrian Liability of Public Bodies Act

Stefan Storr, Kathrin Bayer, Daniela Bereiter, and Luca Mischensky

in Tort Liability of Public Authorities in European Laws

Similarly to other legal systems of continental Europe, the Austrian system has what may be regarded as a general principle of damages liability, although it does not have a wholly separate body of ... More

Similarly to other legal systems of continental Europe, the Austrian system has what may be regarded as a general principle of damages liability, although it does not have a wholly separate body of law dealing with damages actions against public authorities. But administrative liability arises if a fault exists and is proven. Moreover, the injured party is required to bring an appeal to the public authority that is potentially liable in tort. The ordinary courts have the competence to inquiry as to whether a rule of law has been infringed and liability has arisen. Included within these rules there are the procedural requirements set out by Austrian courts since the end of the nineteenth century and later codified by legislation, as well as the constraints that emerged more recently.Less

The national response to Robespierre’s proclamation¹

Jonathan Smyth

in Robespierre and the Festival of the Supreme Being: The Search for a Republican Morality

This chapter examines the national reaction to Robespierre’s proclamation of 18 Prairial, using evidence from national, regional and local archives and other sources, such as local newspapers. It ... More

This chapter examines the national reaction to Robespierre’s proclamation of 18 Prairial, using evidence from national, regional and local archives and other sources, such as local newspapers. It also looks at the large body of evidence from both formal responses from official bodies and the considerable number of individual communications sent to the Convention, the Committee of Public Safety and the Committee of Public Education. It shows how the national response was not only overwhelmingly positive; the number of responses from public bodies considerably exceeded anything recorded before. As well as the formal and often stilted responses from public bodies the chapter includes a detailed listing showing how individual members of the public responded to Robespierre’s proposal by sending to the Committee for Public Education their poems, prayers, hymns and speeches in support of the Festival.Less

Introductory Note: The WTO Dispute Settlement System in 2014

Joanna Gomula

in The Global Community Yearbook of International Law and Jurisprudence 2015

In 2014, WTO Panel and Appellate Body reports were adopted in five disputes, two of which received much public attention. In EC—Seals, at issue was a ban on the importation of seal products in the ... More

In 2014, WTO Panel and Appellate Body reports were adopted in five disputes, two of which received much public attention. In EC—Seals, at issue was a ban on the importation of seal products in the European Union, which had been imposed as a measure “necessary to protect public morals”, within the meaning of Article XX(a) of GATT 1994. The Appellate Body endorsed the use of the public morals exception as a provisional justification for the measure but found that the European Union had failed to demonstrate that the application of the ban satisfied the criteria of the chapeau of Article XX. In China—Rare Earths, China invoked (unsuccessfully) Article XX(g) as a defence to its ban on the exportation of rare earths. An interesting issue which was revisited in this dispute was whether Article XX applied to China’s Accession Protocol. The remaining disputes concerned challenges of unfair trade remedy measures.Less

The Independent Agency as an Institutional Art Form: Comparative Examples

Marshall J. Breger and Gary J. Edles

in Independent Agencies in the United States: Law, Structure, and Politics

Other nations have created administrative structures with diffused lines of authority and accountability similar to, but not necessarily identical to, the independent agencies in the United States. ... More

Other nations have created administrative structures with diffused lines of authority and accountability similar to, but not necessarily identical to, the independent agencies in the United States. As noted by COST (European Cooperation in Science and Technology), independent bodies “operate at arm’s length of the government to carry out public tasks, implement policies, regulate markets and policy sectors, or deliver public services” but are often not totally independent because “in many cases political executives have ultimate political responsibility for their activities.” Britain, for example, utilizes so-called nondepartmental public bodies, quangos, statutory tribunals, and a range of ombudsmen. Even at the supranational level rests the European Commission, reflecting what Doreen Collins notes was the rather pragmatic creation of a semiautonomous institution “with the capacity to take international decisions yet which did not go too far for current national prejudices.” As in the United States, these entities have arisen through pragmatic evolution.Less

The Role of the Opposition

Meg Russell and Daniel Gover

in Legislation at Westminster: Parliamentary Actors and Influence in the Making of British Law

This chapter analyses the opposition’s contribution to scrutiny of government bills and policy-making at Westminster. Westminster is classically seen as dominated by an adversarial ‘opposition mode’, ... More

This chapter analyses the opposition’s contribution to scrutiny of government bills and policy-making at Westminster. Westminster is classically seen as dominated by an adversarial ‘opposition mode’, giving opposition politicians little policy impact. This chapter argues that there are actually several distinct ‘opposition modes’, which can be more consensual. It summarizes existing literature on opposition, and sets out the basics of how opposition parties are organized in both chambers. The bulk of Westminster legislative amendments are proposed by opposition parliamentarians, and the motivations behind these are explored. Many amendments are actually driven by objectives other than policy change—including seeking government explanations, and embarrassing the government. Hence it is important not to overstate ‘failure’ of such amendments. In addition, many opposition amendments go on to trigger government concessions, particularly via the House of Lords. In various ways, the opposition at Westminster is hence more influential on policy than is often assumed.Less

The Role of Cross-Party Working

Meg Russell and Daniel Gover

in Legislation at Westminster: Parliamentary Actors and Influence in the Making of British Law

While various previous chapters have explored the role of individual groups in the legislative process, this chapter considers modes of cross-party working and the importance of cross-party influence ... More

While various previous chapters have explored the role of individual groups in the legislative process, this chapter considers modes of cross-party working and the importance of cross-party influence on policy at Westminster. Cross-party work is often considered to be relatively weak at Westminster, but this chapter shows that there are various mechanisms (including, but not confined to, the select committees) through which it is now encouraged. The chapter in particular considers cross-party support for amendments proposed to the 12 case study bills. It notes that most of the largest changes to the bills showed clear evidence of cross-party pressure, and that cross-party initiatives had a significantly higher chance of success than those promoted by only a single group. The fear of cross-party coalitions forming is very important to parliament’s power of ‘anticipated reactions’. The chapter concludes that the ‘cross-party mode’ at Westminster is now relatively strong.Less

France: National Correspondents: Hélène Bourbouloux and Sylvain Hustaix

in Rescue of Business in Europe: A European Law Institute Instrument

Mandat ad hoc Mandat ad hoc proceedings are very flexible. A debtor may request the appointment of a mandataire ad hoc, in charge of facilitating and supervising discussions with its main ... More

Mandat ad hoc Mandat ad hoc proceedings are very flexible. A debtor may request the appointment of a mandataire ad hoc, in charge of facilitating and supervising discussions with its main creditors. The debtor may propose a mandataire ad hoc to be appointed by the president of the court. The debtor continues to manage his business without being divested. There is no statutory time limit within which the mandataire ad hoc must complete his or her tasks. The task of the mandataire ad hoc is set by the President of the Commercial Court according to the debtor’s needs. Less

Article 4(19). Group of undertakings

Luca Tosoni

in The EU General Data Protection Regulation (GDPR): A Commentary

Article 4(18) (Definition of ‘enterprise’); Article 4(20) (Definition of ‘binding corporate rules’); Article 36(3)(a) (Prior consultation); Article 37(2) (Designation of the data protection ... More

Article 4(18) (Definition of ‘enterprise’); Article 4(20) (Definition of ‘binding corporate rules’); Article 36(3)(a) (Prior consultation); Article 37(2) (Designation of the data protection officer); Article 47 (Binding corporate rules); Article 88 (Processing in the context of employment). Less