Department for Environment, Food & Rural Affairs

Framework Document

The Royal Commission on Environmental Pollution
and the Department of the Environment, Transport
and the Regions

Chapter 2

Roles, responsibilities and accountability

Her Majesty The Queen

2.1 The Royal Warrant setting out RCEP's remit and powers is issued by Her Majesty The Queen; and she appoints its Chairman and Members, on the recommendation of the Prime Minister. RCEP reports are submitted to her, and are presented by her command to the UK Parliament. They are also presented to the Scottish Parliament, National Assembly for Wales and Northern Ireland Assembly.

UK Government Ministers

2.2 The Secretary of State for the Environment, Transport and the Regions:

  • is responsible for environmental policy within the UK Government, and hence has the principal responsibility for considering RCEP reports and ensuring that a UK Government response is given to such reports within one year in normal circumstances;
  • is responsible, on behalf of the UK Government as a whole, for allocating resources to RCEP;
  • is accountable to the UK Parliament for RCEP's expenditure from resources voted by Parliament;
  • makes recommendations to the Prime Minister on appointments to RCEP, in consultation with the devolved administrations and other UK Departments;
  • agrees the Framework Document and any revisions to it with RCEP; and
  • is responsible for consulting Scottish and Northern Ireland Ministers and Secretaries to the National Assembly for Wales on the exercise of any Ministerial functions in respect of RCEP that affect Scotland, Wales and Northern Ireland

2.3 Under the terms of the Royal Warrant, neither the Secretary of State nor anyone else may limit RCEP's freedom to study and report frankly on any issue within its terms of reference. Any UK Government Minister may refer matters to RCEP for inquiry, and RCEP would then have to study those matters. (see section 1.5)

The Permanent Secretary, DETR

2.4 The Permanent Secretary is DETR's Principal Accounting Officer and the principal adviser to the Secretary of State on matters affecting the Department as a whole, including overall questions of finance and the allocation of resources. The Permanent Secretary must be satisfied that RCEP has adequate financial systems and procedures in place to promote the efficient and economical conduct of its business, and to safeguard financial propriety and regularity. The Permanent Secretary reserves the right to undertake any evaluation of RCEP's financial systems and procedures deemed necessary to discharge his responsibilities.

2.5 The Permanent Secretary is answerable to the Public Accounts Committee on the discharge of DETR's responsibilities in relation to RCEP.

2.6 The Permanent Secretary delegates to the Head of the Environmental Protection Strategy Directorate (EPSD) financial management responsibility for RCEP.

The Head of Environmental Protection Strategy Directorate, DETR

2.7 The Head of EPSD is responsible for delegating responsibility for the financial management of RCEP to the Secretary to RCEP (see Annex C) and for:

  • keeping under review the terms of RCEP's Royal Warrant;
  • making recommendations about appointments to RCEP, including liaising with the Chairman and Secretary, other Government Departments, devolved administrations, the Secretary of State and the Prime Minister's office;
  • ensuring that the appointments of Chairman and Members comply with the guidance on appointments to public bodies produced by the Commissioner for Public Appointments;
  • liaising with the Secretary and Chairman on issues relating to RCEP's plans, studies and reports, and on management and staffing matters, and for advising Ministers or the Permanent Secretary on any issues relevant to their responsibilities;
  • identifying lead interests within Government in RCEP studies and reports and co-ordinating Departmental evidence to studies, Government responses to RCEP reports and advice to Ministers on RCEP reports;
  • assessing RCEP's resource requirement in consultation with the Chairman and Secretary of RCEP and allocating resources to RCEP in consultation with the DETR Finance Directorate, ensuring that issues associated with those resources are regularly and adequately reviewed;
  • ensuring the Secretary to RCEP establishes and maintains appropriate systems of financial control;
  • ensuring that issues raised by Parliamentary Committees, the National Audit Office (NAO) or the Department's Internal Audit Service are appropriately and promptly handled and any necessary follow-up action is taken; and
  • arranging for a Financial Management and Policy Review of RCEP to be carried out every five years.

2.8 The Head of EPSD may delegate day to day responsibility for all these matters to staff in the Directorate. Staff in EPSD may seek advice from DETR's Finance Directorate on any issue relating to RCEP's resources.

The DETR Finance Directorate

2.9 The resource management delegation from the Permanent Secretary to the Head of EPSD includes a summary of the responsibilities of the DETR Finance Directorate for DETR expenditure. The Directorate may inquire into any matter relating to the control and management of RCEP's resources which it considers appropriate and request from the Head of EPSD or the Secretary to RCEP any information that is considered necessary to fulfil its responsibilities.

2.10 Financial Advice and Resource Management (FARM) Division is the focal point within the Directorate for advice to EPSD on RCEP resources and their management. Further detail on this advisory role is in Annex B.

RCEP Chairman and Members

2.11 The Chairman and Members of RCEP are responsible for:

  • carrying out the functions of RCEP as specified in the Royal Warrant;
  • ensuring that a programme of inquiries and reports is established and carried out, and that it takes into account the views expressed to the Commission by Ministers, Government Departments and the devolved administrations;
  • adopting, and complying with, a code of conduct which complies with guidance issued by the Cabinet Office and the Commissioner for Public Appointments and requires them to declare on a public register all significant and relevant interests and to draw attention to any conflict of interest that may arise;
  • ensuring that the activities of the Commission are conducted in the most effective and economical way within the available resources; and
  • agreeing with the Secretary of State this Framework Document and any revisions to it.

The RCEP Chairman

2.12 The Chairman of RCEP is responsible for:

  • ensuring the business of RCEP is conducted efficiently;
  • ensuring adequate consultation with UK Government Departments and the devolved administrations prior to selecting and commencing any topic of study;
  • keeping under review the objectives and outcomes of RCEP activities and ensuring that its Corporate Plan contains a clear strategy for its future direction, priorities and goals;
  • contributing to the procedures leading to recommendations for the appointment or reappointment of Members;
  • ensuring that all Members, when taking up office, are fully briefed on their duties and responsibilities;
  • participating in the selection and appointment of the Secretary to RCEP and overseeing her/his work; and
  • making representations to the Department's Ministers if at any time s/he considers that resources allocated to RCEP or the indicative allocations for future years are inadequate.

The Secretary to RCEP

2.13 The Secretary to RCEP is responsible for:

  • the financial management of RCEP's resources. The Secretary to RCEP will put in place appropriate systems of control to ensure the economic, efficient and effective use of public funds and the propriety and regularity of expenditure;
  • deploying the Secretariat's staff and financial and other resources in accordance with RCEP's priorities to progress major studies and other RCEP business;
  • ensuring that the register of Member's interests is kept up to date, and that Members are made aware of RCEP's Code of Conduct and have access to up to date information about the values and standards with which they are expected to comply; and
  • recruitment and management of staff in the Secretariat (see Section 4).

2.14 The form of a delegation of financial management responsibilities to the Secretary to RCEP is set out at Annex C.

Summary of Responsibilities for Relations with the UK Parliament

2.15 The Secretary of State for the Environment, Transport and the Regions is accountable to the UK Parliament for RCEP's expenditure from resources voted by Parliament (see section 2.2).

2.16 The Permanent Secretary, DETR, is answerable to the Public Accounts Committee on the discharge of DETR's responsibilities for RCEP.

2.17 The Head of EPSD, DETR, is responsible for providing briefing and information as necessary for Parliamentary Committees and the NAO on DETR's interests relating to RCEP.

2.18 DETR Ministers reply to Parliamentary Questions about appointments to RCEP or the resources made available to it, or about UK Government interests in RCEP studies. Questions from a Member of Parliament about the conduct of RCEP business or about its opinion on any matter are normally referred to the Chairman of RCEP who responds direct.

2.19 RCEP may appear before Parliamentary Committees to give evidence or provide advice on matters within its terms of reference.

The devolved administrations

2.20 The Scottish Executive, the National Assembly for Wales and the Northern Ireland Executive have responsibility for environmental policy within their devolved competences. In future RCEP reports will be presented to the Scottish Parliament, National Assembly for Wales and the Northern Ireland Assembly at the same time as they are presented to the UK Parliament. It will be for each devolved administration to decide in what form it should respond to a report.

2.21 RCEP is specified as a Cross Border Public Authority (CBPA) for the purposes of the Scotland Act 1998. As a CBPA, RCEP may be required to appear before Committees of the Scottish Parliament to give evidence on matters within its terms of reference. Following an Order in Council, Scottish Ministers have the same rights of referral on matters devolved to them as do UK Government Ministers, though RCEP is not required to inquire into matters so referred by Scottish Ministers.

2.22 Though there is no equivalent statutory requirement, it is agreed for practical purposes that RCEP will consider, on the same basis as for Scotland, references from Ministers in Northern Ireland and Secretaries to the Welsh Assembly.

2.23 DETR will consult Scottish Ministers, Secretaries to the National Assembly for Wales and Northern Ireland Ministers about appointments to RCEP before advice is put to the Prime Minister by the Secretary of State.

2.24 Co-operation between DETR and the devolved administrations continues, formalised where appropriate in Concordats. Accordingly, it has been agreed that funding for RCEP will be provided through DETR not through the devolved administrations.

2.25 Before selecting a subject and commencing a study RCEP will consult the devolved administrations and take into account any view they may express.

 

[ Previous ] [ Contents ] [ Next ]

Published 26 February 2001
Environmental Protection Index
Defra Home Page