Letter from Kevin Brennan MP, Parliamentary
Secretary, Cabinet Office to the Chairman of the Committee, 27
February 2009
I was pleased to give evidence to the Committee
on 5 February. At that session I said I would write to you to
provide so far as possible additional information in response
points raised by you and other members of the Committee.
As I said to the Committee, the Government attaches
great importance to tackling the problem of knife crime and was
keen to use the data gathered to assess the progress of the Tackling
Knives Action Programme (TKAP) to inform the public about the
true prevalence of knife crime as soon as it was reasonable and
appropriate to do so. As we discussed when I gave evidence, it
would be odd if Members of Parliament and the public could secure
the publication of information, however preliminary, using for
example the Freedom of Information Act, whereas the Government
was unable to provide relevant information pro-actively. The Government
believes that the public perception of the prevalence of knife
crime is self-reinforcing, especially among young people. Unfortunately,
on this occasion a mistake was made in prematurely including NHS
data in the fact sheet on the TKAP. We have acknowledged that
and are determined to learn the lessons. The Government also attaches
great importance to the reforms we introduced to the governance
of official statistics, with the firm aim of enhancing public
confidence in them. It welcomes the new Code of Practice for Official
Statistics published by the UK Statistics Authority in January.
Sir Gus O'Donnell's letter of 16th January to
you sets out what happened in this case.
In addition, you asked about who authorised
the release of statistics in the fact sheet. I can confirm the
fact sheet, which was a Home Office publication, was published
under HO authority.
As Sir Gus's letter explains, the decision was
taken to include numbers supplied by the NHS Information Centre
alongside those supplied by police forces and others. It was the
use of NHS data that the National Statistician raised with the
Permanent Secretary in No10 on 12 December last.
While I appreciate the Committee's reasons for
probing, it would not be right to identify the individuals involved
for reasons set out in the section of the Cabinet Office's guidance
on Departmental Evidence and Response to Select Committees (usually
known as the "Osmotherley rules") dealing with the conduct
of individual officials.
At the hearing I undertook to let you know about
numbers of special advisers. The Government publishes names and
numbers of special advisers to Parliament on an annual basis.
This was last published on 22 July 2008 when there were 73 special
advisers across government of whom 24 worked in No 10. Information
for the current year will be published when it is ready at the
end of the financial year. The Committee will know that, under
the Code of Conduct for Special Advisors, special advisers cannot
give instructions to permanent civil servants. You asked about
the role of special advisers in the release of the fact sheet.
I can confirm that special advisers in DH, and No10 were among
those involved in the discussions about whether to release the
fact sheet but that the Home Office, and not special advisers,
took the final decision to do so. The involvement of the special
adviser in No 10 and the circumstances leading up to the decision
to publish are set out in Sir Gus O'Donnell's letter.
You asked about the role of Ministers. As stated
in Sir Gus O'Donnell's letter, Ministers in the Home Office (the
lead department for the TKAP) were keen to use the data gathered
to assess the progress of the initiative to inform the public
about the prevalence of knife crime as soon as it was reasonable
and appropriate to do so. Home Office Ministers were not aware
that there were outstanding concerns around the use of the NHS
data until after the fact sheet had been published. As you know,
the Home Secretary has apologised to the House for what happened.
You asked about targeted action, disciplinary
or educational, being taken in respect of any of the individuals
involved. For the reasons I set out above, I do not think it appropriate
to discuss individuals, although I have no doubt the individuals
involved, and others not directly involved, very much regret the
damage that has been done and are now much more fully aware of
the need for care in publishing data that relates to official
statistics.
As I advised the Committee, a one-page summary
of key do's and don'ts has been drafted. Sir Gus O'Donnell has
sent the summary to permanent secretaries to circulate to private
offices, special advisers, press offices, policy officials and
others in the department likely to be involved in considering
the publication of data. It draws their attention to the new Code
of Practice for Official Statistics and to the key things they
should consider as users of data. I am pleased to attach a copy
of this one-page guidance. Sir Michael Scholar and Karen Dunnell
spoke to a meeting of permanent secretaries on Wednesday 11 February
where it was agreed that the way civil servants treated statistics
was a key part of civil service integrity and that Sir Gus O'Donnell's
letter set out the main lessons which departments would follow.
You asked whether statisticians in the Home
Office were involved in the publication of the fact sheet. As
Sir Gus O'Donnell's letter says the crime figures used for monitoring
the TKAP were not under the control of Home Office statisticians.
I understand they were collected quite separately from the Police
Reported Crime Statistics and only from the police forces taking
part in the programme in order to monitor its effects. The Home
Office statisticians did not regard those figures as official
statistics or falling within the remit of the Code of Practice
for Official Statistics, and as I said in evidence, were therefore
content for them to be published without the need to review those
figures before publication.
You asked what reason HO had to believe the
concerns of NHS statisticians had been addressed. As Sir Gus O'Donnell
set out in his letter this situation arose due to a misunderstanding
about the status of the NHS data compared to the Home Office data
and the rules that applied.
You asked to be copied into the response to
Mark Easton's questions of 9 February. As this letter addresses
the points he raises, the Cabinet Office press office will respond
by referring Mr Easton to it. I have also placed a copy of this
letter in the House of Commons Library.
I am pleased to offer this further clarification
of what happened, as reported to the Cabinet Office. The NHS data
being used within Government for monitoring the TKAP was published
inappropriately. This should not have happened.
APPENDIX
GOOD PRACTICE IN THE USE OF OFFICIAL STATISTICS:
GUIDANCE FOR NON-STATISTICAL STAFF
BACKGROUND
The Statistics and Registration Service Act
2007 established the UK Statistics Authority and required it to
draw up a Code of Practice for official statistics.
The Code of Practice was published in January
2009 and provides a statement of good practice to be applied to
official statistics in the United Kingdom.
The key points to note are:
When preparing any publication containing
statistics, including those drawn from administrative or management
information, you must involve statistical professionals at the
earliest opportunity.
You must not use unpublished statistics
without the advice of a statistical professional.
You must not selectively quote favourable
data from any unpublished dataset.
Decisions taken by statistical professionals
are final.
Any publication containing official statistics
must provide information relating to their quality, reliability
and usability.
Pre-release access to official statistics
is a privilege. You must not disclose any information, nor seek
to alter it in any way.
Ignoring any of the above may constitute
a breach of the Code and result in an investigation by the UK
Statistics Authority and a published report to Parliament.
FURTHER HELP
If you are unclear about what course of action
to take, or with any of the advice provided above:
Contact your departmental Head of Profession
for Statistics who is [Add Details for your department].
If you cannot reach them or a deputy
you can contact the National Statistician through the Helpline
on 020 7014 2350.
The Code of Practice for Official Statistics
is available at http://www.statisticsauthority.gov.uk/assessment/code-of-practice/index.html
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