Professional Documents
Culture Documents
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CONTENTS
The Report
Introduction 7
The business appointments system for former Ministers 8
The business appointment rules for Crown servants 9
Annexes
Annex A – Guidelines on the acceptance of appointments or employment
outside Government by former Ministers of the Crown 11
Annex B – Advice given on appointments taken up by former Ministers 13
Annex C – Rules on the acceptance of outside appointments by Crown servants
(including Guidance for departments and agencies) 17
Annex D – The Committee’s recommendations on appointments taken up
by former Crown servants 26
Annex E – Written evidence submitted to the House of Commons Public
Administration Select Committee 32
Statistical tables relating to Crown servants
Table 1 – Applications from Crown servants 38
Table 2 – Applications referred to the Cabinet Office 39
Table 3 – Applicants whose applications were referred to the Cabinet Office,
categorised by reason for leaving Crown service 40
Table 4 – Applications considered by the Advisory Committee, categorised
by department and outcome 41
Table 5 – Applicants whose applications were considered by the Advisory
Committee, categorised by department and reason for leaving
Crown service 42
This letter accompanies the eighth report of the Advisory Committee on Business Appointments,
which is my sixth as Chairman, covering its work between 1 April 2005 and 31 March 2006.
I had preceded our seventh report by observing that it would be my last as the Committee Chairman;
but for reasons with which you are familiar, and which are referred to in our latest report, you have
since asked me and my colleagues to continue in post, pending a decision as to the future of the
functions which the Committee currently performs.
I am very grateful that my colleagues, who are now substantially “timeexpired”, have all felt
able to agree. I am yet again very grateful to our dedicated and very able secretariat, headed by
Mr Tony Nichols.
As on past occasions, this report follows our practice in giving an account of our work advising you
on applications under the Rules on the Acceptance of Outside Appointments from the most senior
members of the Civil Service and the Armed Forces. It includes our advice to the Secretary of State for
Foreign and Commonwealth Affairs on applications from the most senior diplomats. The report also
covers our additional role in giving advice directly to former Ministers on any appointments they wish
to take up within two years of leaving the Government.
LORD MAYHEW OF TWYSDEN QC DL
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INTRODUCTION
1. The Advisory Committee on Business 4. During the period covered by this report,
Appointments is an independent and unpaid the Committee comprised:
body. It provides advice to the Prime Minister
and the Foreign Secretary respectively on the The Rt Hon Lord Mayhew of Twysden QC DL
application of the rules on the acceptance of (Chairman)
outside appointments to the most senior
members of the Civil Service, the Armed Forces Sir John Blelloch KCB
and the Diplomatic Service, who wish to take (ViceChairman)
up outside appointments within two years of
leaving Crown service. The Rt Hon Lord Maclennan of Rogart
2. The rules which apply to Crown servants The Rt Hon Lord Morris of Aberavon KG QC
do not apply to Ministers. The Ministerial
Code requires that they should seek the The Lord Wilson of Tillyorn KT GCMG FRSE
Advisory Committee’s advice about any
appointments they wish to take up within two Admiral Sir Kenneth Eaton GBE KCB
years of leaving the Government, other than FREng FIEE
unpaid appointments in noncommercial
organisations or appointments in the gift of the Sir Bryan Nicholson GBE
Government. The Advisory Committee gives its
advice direct to the individual under Guidelines 5. The Committee is supported by a small
provided for it by the Government on the secretariat in the Cabinet Office. This
acceptance of outside appointments by secretariat also constitutes the unit which
former Ministers. administers the business appointment rules for
all members of the Civil Service, the Armed
3. The Committee is an Advisory Non Forces, and the Diplomatic Service below the
Departmental Public Body sponsored by the most senior levels. Its overall costs amounted
Cabinet Office. Its members are appointed by to approximately £131,000 in 2005–06.
the Prime Minister. They have experience at the Members of the Committee are not paid for
most senior levels of Parliament, the Home their services.
Civil Service, the Diplomatic Service, the Armed
Forces, or business. They normally serve an
initial threeyear term, with one extension to
six years overall. All the current members of
the Committee have completed their
appointments, but have generously agreed to
continue to serve on the Committee pending
decisions following the review of the business
appointment rules conducted by Sir Patrick
Brown at the request of the Prime Minister, and
the outcome of the current inquiry into ethics
and standards by the Public Administration
Select Committee which has been asked
to consider the recommendations in
Sir Patrick’s report.
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THE BUSINESS APPOINTMENTS SYSTEM FOR FORMER MINISTERS
6. Eleven former Ministers sought our advice
about a total of 23 appointments in 2005–06.
All except one were taken up, and those taken
up are listed in Annex B together with our
advice on them. As will be apparent from the
advice we gave in each case, two of these
appointments were taken up before our advice
was sought, and another before it had been
given although it had been sought in advance.
7. The Advisory Committee has no
responsibility for compliance with the
Ministerial Code. Our advice is given, and
made available, under the terms of the
Guidelines which form our remit. We will
correspondingly say, if asked, when our
advice has not been sought about a
particular appointment.
8. In the course of the year, we confirmed
that our advice had not been sought by a
former Minister about two appointments he
had recently taken up. We noted that, in
response, the Cabinet Secretary made clear that
it was a requirement under the Ministerial
Code for former Ministers to seek the advice of
the Advisory Committee. However, although it
is mandatory for former Ministers to seek our
advice, the system remains a voluntary one, as
they are not required to follow it. The
Committee drew attention to this anomaly in
the memorandum submitted to the House of
Commons Public Administration Select
Committee, reproduced at Annex E.
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THE BUSINESS APPOINTMENT RULES FOR CROWN SERVANTS
Review of the rules Appointments of former Crown servants
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Statistical analysis of applications from all
Crown servants
15. In 2005–06, 604 applications were made
by Crown servants at all levels. The proportion
which was approved without conditions was
77 per cent. In the remaining 23 per cent of
cases, waiting periods and/or other conditions
were imposed. (It should be noted that the time
which elapses between an individual’s
retirement or resignation and taking up an
appointment can be a factor in determining
whether or not a waiting period or other
condition is imposed; the longer this period, the
more likely it is that the appointment will be
approved unconditionally.) An analysis of these
cases categorised by department is provided in
Table 1.
16. In the period covered by this report, 196
applications were referred to the Cabinet Office
as required under the Rules. Apart from the 79
referred to the Advisory Committee, 55 were
considered by the Head of the Home Civil
Service and the remainder by our secretariat.
An analysis by department is provided in
Table 2. The reasons for leaving Crown service
are shown in Table 3. Analyses of the cases
considered by the Advisory Committee
categorised by department and conditions
applied, reason for leaving, and nature of
proposed employment, are provided in Tables
4, 5, and 6 respectively.
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ANNEX A: GUIDELINES ON THE ACCEPTANCE OF APPOINTMENTS
OR EMPLOYMENT OUTSIDE GOVERNMENT BY FORMER MINISTERS
OF THE CROWN
Introduction appointment and any contact the former
Minister (or his or her former department) has
1. It is in the public interest that former had with the prospective employer or with
Ministers with experience in government should competitors (the attached request form will be a
be able to move into business or into other convenient way of providing this information).
areas of public life. It is equally important that If necessary, the Committee will seek, in
when a former Minister takes up a particular confidence, information from senior officials of
appointment there should be no cause for any a former Minister’s former department(s) about
suspicion of impropriety. Arrangements have the nature of any contractual, regulatory or
been made therefore to enable former Ministers other relationships which the department(s)
to seek advice from the independent and have or have had with the prospective employer.
impartial Advisory Committee on Business
Appointments. 5. The Advisory Committee will consider
each appointment on its merits, against specific
2. The use of the term ‘appointment’ in these tests relating to the following:
guidelines should be taken generally to include
all forms of employment including the practice i. to what extent, if at all, has the former
of a profession, apart from unremunerated Minister been in a position which could lay
appointments in noncommercial organisations him or her open to the suggestion that the
or appointments in the gift of the Government. appointment was in some way a reward for
past favours?
3. The guidelines seek to counter suspicion
that: ii. has the former Minister been in a position
where he or she has had access to trade
a. the statements and decisions of a serving secrets of competitors or knowledge of
Minister might be influenced by the hope or unannounced Government policy which
expectation of future employment with a would give his or her company an unfair
particular firm or organisation; or advantage?
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7. The Advisory Committee may advise that
they see no objection to the appointment, or
they may recommend a delay of up to two years
running from the date of leaving office before it
is taken up, or that for a similar period the
former Minister should stand aside from certain
activities of the employer. They may also advise
that an appointment is unsuitable.
8. A threemonth waiting period from the
date of leaving office will normally be expected
when the former Minister is of Cabinet rank,
unless the Advisory Committee advise a longer
waiting period in particular circumstances.
The Advisory Committee may waive this
automatic waiting period if, for example, the
former Minister is returning to a family business
or to the practice of a profession (eg farming,
medicine or teaching) where the appointment
is not connected with his or her Ministerial
knowledge, and no considerations of improper
advantage could apply.
Publicising the Advisory Committee’s advice
9. All approaches to the Advisory Committee
will be considered in strict confidence, and will
remain confidential if the appointment is not
taken up. When a former Minister takes up a
post which the Advisory Committee have
scrutinised, the Committee’s advice will be
available for publication. The Advisory
Committee will produce an annual report,
summarising the cases with which they have
dealt in the previous year.
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ANNEX B: ADVICE GIVEN ON APPOINTMENTS TAKEN UP BY
FORMER MINISTERS
1 APRIL 2005 – 31 MARCH 2006
The Committee’s advice to former Ministers is set out in this Annex, using the following key:
In the case of the recommendation marked ‡, two members of the Committee dissented from the
advice given.
Entry Explanation of advice
Take up/accept forthwith The appointment could be taken up or accepted immediately
Noted and saw no difficulty The Committee was asked for advice after the appointment had been
taken up but saw no difficulty with it
Normal three months wait The appointment could be taken up, subject only to the normal waiting
period of three months for former Cabinet Ministers
(When the threemonth waiting period had already expired and there
were no concerns about the proposed appointment, the Committee’s
advice was that the appointment could be taken up forthwith)
Take up forthwith, subject The appointment could be taken up forthwith, subject only to a
to (a restriction) (specified) restriction
Waiting period The appointment could be taken up after a (specified) waiting period
Waiting periods and undertakings run from the date on which the former Minister left the Government.
Advice is shown only if the appointment has been taken up (or announced) during the period covered
by this report (1 April 2005 – 31 March 2006). Advice on appointments taken up since 1 April 2006 or
yet to be taken up will be included on the Committee’s website (www.acoba.gov.uk) and in the
Committee’s next annual report.
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Nonexecutive Director Take up forthwith, but for
Accord plc 12 months after he left
Government, he should not be
involved personally in lobbying
DfES Ministers or officials on
behalf of Accord plc
September 2005 September 2005
• Christopher Leslie Director Take up forthwith, but for
UnderSecretary of State New Local Government 12 months after he left
Department for Network (NLGN) Government, he should not be
Constitutional Affairs involved personally in lobbying
May 2005 Government Ministers or
officials on behalf of NLGN
September 2005 September 2005
• Rt Hon the Lord Senior Adviser Take up forthwith
MacDonald of Tradeston Macquarie Bank plc May 2005 May 2005
CBE
Minister for the Cabinet
Office and Chancellor of
the Duchy of Lancaster
June 2003
• Rt Hon Baroness Morris ProVice Chancellor Take up forthwith
of Yardley University of Sunderland April 2005 June 2005
Minister for the Arts
Department for Culture, Board Member Take up forthwith, but for
Media and Sport MCPSPRS Alliance 12 months after she left
May 2005 Government, she should not
be involved personally in
lobbying Government
Ministers or officials on behalf
of MCPSPRS
August 2005 September 2005
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Chairman Take up forthwith but for
Fire Protection Association 12 months after he left
Council Government, he should not be
involved personally in lobbying
Government Ministers or
officials on behalf of the Fire
Protection Association Council
October 2005 November 2005
Chairman Take up forthwith but for
NHBC Foundation 12 months after he left
Government, he should not be
involved personally in lobbying
Government Ministers or
officials on behalf of NHBC
October 2005 November 2005
Nonexecutive Director Take up forthwith but for
Notting Hill Housing Trust 12 months after he left
Government, he should not be
involved personally in lobbying
Government Ministers or
officials on behalf of the November 2005
Notting Hill Housing Trust (appointment now
November 2005 ceased)
Nonexecutive Director Take up forthwith but for
Rockpools 12 months after he left
Government, he should not be
involved personally in lobbying
Government Ministers or
officials on behalf of
Rockpools
November 2005 November 2005
• Rt Hon Baroness Nonexecutive Director Take up forthwith, but for
Symons of British Airways (BA) 12 months after she left
Vernham Dean Government, she should not
Minister of State be involved personally in
Foreign & lobbying Government
Commonwealth Office Ministers or officials on behalf
May 2005 of BA
(see Footnote 1 below) June 2005 July 2005
International Adviser Take up forthwith
7 Days December 2005 March 2006
Footnote 1:
Lord Morris recused himself from the Committee’s consideration of these appointments as he is a distant
relative of Baroness Symons.
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Director Noted and saw no difficulty,
The Foreign Policy Centre and the Committee welcomed
the undertaking Mr Twigg had
offered not to be personally
involved in lobbying the DfES
for 12 months, and other
Government departments for
6 months after leaving office
September 2005 August 2005
• Lord Whitty Parliamentary Adviser Take up forthwith
Parliamentary GMB December 2005 March 2006
UnderSecretary of State
Department for Adviser Take up forthwith, but for
Environment, Food and Eaga Partnerships Ltd ‡ 18 months from the date he
Rural Affairs left office, he should stand
May 2005 aside from advising the
company on any bids for
future Government business,
including in the devolved
administrations, and from
lobbying their Ministers or
officials on the company’s
behalf
January 2006 March 2006
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ANNEX C: RULES ON THE ACCEPTANCE OF OUTSIDE
APPOINTMENTS BY CROWN SERVANTS
(INCLUDING GUIDANCE FOR DEPARTMENTS AND AGENCIES)
Introduction information relating to proposed
developments in Government policy which
1. It is in the public interest that people with may affect that firm or its competitors.
experience of public administration should be
able to move into business or other bodies, and 4. Most applications submitted under the
that such movement should not be frustrated by Rules are approved without condition. In
unjustified public concern over a particular some cases approval may be given subject to a
appointment. It is equally important that when waiting period or other conditions. The
a former Crown servant takes up an outside imposition of conditions does not imply
appointment there should be no cause for any anything improper in a Crown servant’s
suspicion of impropriety. relationship with the prospective employer.
Rather, it is an indication that an immediate
2. The Business Appointment Rules provide move from Crown service to the employer, or
for the scrutiny of appointments which former one without conditions, might be open to
Crown servants propose to take up in the first criticism or misinterpretation. Experience has
two years after they leave the service. To shown that employers generally are content to
provide an independent element in the process accept such constraints as being reasonable in
of scrutiny, the Advisory Committee on an open society which places a high premium
Business Appointments is appointed by the on the integrity and impartiality of its civil and
Prime Minister, comprising people with military services.
experience of the relationships between the Civil
Service and the private sector. The Committee 5. This version of the Rules applies to the
gives advice on applications at the most senior Home Civil Service. There are corresponding
levels, and reviews a wider sample in order to requirements for other Crown servants
ensure consistency and effectiveness. including the Armed Forces, the Diplomatic
Service, and certain office holders. There are
3. The aim of the Rules is to maintain public different requirements and different procedures
trust in the Crown services and in the people for staff at different levels.
who work in them, and in particular:
Who must apply?
a. to avoid any suspicion that the advice and
decisions of a serving officer might be 6. Within two years of leaving Crown
influenced by the hope or expectation of employment, and in the circumstances set out in
future employment with a particular firm or the following paragraph, civil servants must
organisation; or obtain Government approval before taking any
form of full, parttime or feepaid employment:
b. to avoid the risk that a particular firm might
gain an improper advantage over its a. in the United Kingdom; or
competitors by employing someone who, in
the course of their official duties, has had b. overseas in a public or private company or in
access to technical or other information the service of a foreign government or its
which those competitors might legitimately agencies.
regard as their own trade secrets or to
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7. Applications for approval must be made b. appointments in the gift of Ministers; or
by civil servants:
c. in the case of parttime staff, appointments
– if they are in the Senior Civil Service in salary held with their department’s or agency’s
band 4 or above and in a post attracting a agreement while they were civil servants.
minimum JESP score of 13; or if they are
specialists or Special Advisers of equivalent 9. Approval is required for:
standing; or
a. the initial appointment; and
– if they have had any official dealings with
their prospective employer during the last b. any further appointment within two years of
two years of Crown employment; or leaving Crown employment.
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– Other members of the Senior Civil Service (or Terms of approval
their equivalents): inform the Head of the
Department or his or her deputy as 16. Applications under these rules will be
appropriate; approved either:
– Other staff: inform a senior member of staff a. unconditionally; or
in the reporting chain.
b. subject to conditions which may apply for up
14. Staff in sections concerned with to two years from the final day in Crown
procurement or contract work should report employment or, where different, the final day
any such approach, particularly where it in post, as appropriate. Conditions may
emanates from an outside employer with whom include:
they or their staff have had official dealings,
whether or not they are considering taking – a waiting period before taking up the
it up. appointment1;
Applications – an absolute or qualified ban on the
involvement of the applicant in dealings
15. Departments and agencies must ensure between the prospective employer and the
that application forms are completed for all Government;
requests for approval for appointments under
the rules. For this purpose: – a ban on the involvement by the applicant
in dealings between the prospective
a. the applicant must be asked to supply: employer and a named competitor (or
competitors) of that employer;
– full details of the proposed employment;
– in the case of consultancies, a requirement
– details of any official dealings with a to seek official approval before accepting
prospective employer or with any other commissions of a particular nature, or
organisation, including any competitors of from named employers.
the prospective employer; and
17. In view of their access to policy issues
b. departments must ensure that they seek the at the highest levels, all applications from
comments of a countersigning officer who Permanent Secretaries, including second
can verify, as far as possible, the information Permanent Secretaries, and their direct
supplied by the applicant. equivalents which are referred to the Advisory
Committee, are subject to an automatic
Departments are strongly recommended to minimum waiting period of three months
adopt the Cabinet Office model form for between leaving Crown employment and taking
applicants. up an outside appointment, unless they have
1. If the Advisory Committee believes that the appointment is
unsuitable, it may add that advice to its recommendation that
the application be subject to a waiting period of two years,
and that advice will be available for publication.
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been appointed from outside the Civil Service outside the Crown service either on
on a limited period contract. The Advisory secondment or on a limited period contract
Committee has the discretion to recommend their position under the Rules on
waiving the minimum waiting period if, in the appointment;
Committee’s view, the appointment is one which
is entirely unconnected with the applicant’s b. include a copy of the Rules in departmental
official knowledge and no questions of and agency staff handbooks;
propriety arise. Although applicants serving on
limited period contracts will not be required to c. issue regular reminders to staff at all levels
serve the automatic waiting period, approval of about the Rules and the circumstances in
applications may be subject to waiting periods which they apply, concentrating on particular
or other conditions in the same way as any areas as necessary;
other application.
d. require members of the Senior Civil Service
18. Appointments approved by the Prime in signing their contracts of employment to
Minister on the advice of the Advisory acknowledge in writing that they have seen
Committee on Business Appointments which and are conversant with the Rules – and ask
are subsequently taken up may be the subject of them to provide a further, similar
a public announcement. Staff at those levels are acknowledgement on retirement or
required to confirm to their department (or resignation from the Crown service or at the
former department) their intentions to take up end of a limited period appointment;
any appointment for which an application has
been considered by the Committee. The new e. remind all staff of the Rules:
employer may wish to include a reference to
the Prime Minister’s approval in their own – on retirement;
announcement of the appointment, and
applicants should discuss with the department – on resignation;
and the new employer the terms of the
statement; in other cases, the Government – at the end of a limited period
reserves the right to publish the terms of the appointment.
Prime Minister’s decision. A consolidated record
of all appointments taken up will be included in (In the case of staff who resign or come to the
the Advisory Committee’s annual report. end of a limited period appointment this should
normally take the form of providing them with
PROCEDURES FOR a copy of the Rules and an application form.
DEPARTMENTS AND AGENCIES The Cabinet Office model application form
incorporates the relevant extracts from the
Making staff aware of the Rules Rules for this purpose.)
a. draw the attention of staff to the existence of a. to take all opportunities provided by letters
the Rules in letters of appointment. of resignation, exit interviews and requests
Departments and agencies are advised to take for references to check whether an
special care to explain to staff recruited from application under the Rules is necessary; and
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b. to ensure that personnel and line managers of referred to the Advisory Committee, by the
staff working in areas which involve contact Prime Minister.
of a commercial nature with outside
organisations, particularly on procurement 24. Departments and agencies must:
or contract work, are issued with regular
reminders to monitor resignations by staff a. inform prospective employers of any
employed in those areas to ensure that conditions which have been attached to the
applications are made where necessary. approval of an appointment;
Approval of applications b. make a careful record of all decisions to
approve appointments under the Rules,
21. Decisions on applications, other than noting in particular any conditions that
those referred to the Prime Minister through the were applied;
Advisory Committee and those by Special
Advisers, rest with the Minister in charge of the c. submit quarterly statistical returns, including
department after taking advice of the Cabinet nil returns, of applications dealt with under
Office as appropriate. The Minister may, the Rules to the Cabinet Office in the form
however, approve arrangements under which requested.
defined categories of cases may be decided
without reference to the Minister. Decisions on Procedure for dealing with applications
applications by Special Advisers taken at
departmental level are the responsibility of the 25. All Permanent Secretary posts; other posts
permanent Head of the department after taking in departments which satisfy all of the
the advice of the Cabinet Office as appropriate, following criteria: have a JESP score of 18 or
which may consult the Head of the Home Civil more, have a pay range within the top three pay
Service or refer the application to the Advisory bands, and where the post reports directly to a
Committee. Permanent Secretary or is itself the Head of a
department or agency; and specialists and
22. In cases where it is proposed to impose a Special Advisers of equivalent standing.
waiting period or other conditions, applicants
should be given the opportunity of having an Applications are normally approved by the
interview with an appropriate departmental Prime Minister on the advice of the Advisory
officer if they so choose. Committee on Business Appointments (apart
from those from Special Advisers). All cases
23. There may be occasions when a Minister must be referred to the Cabinet Office which
decides that the national interest is the will refer them to the Advisory Committee
overriding consideration, regardless of the unless the Head of the Home Civil Service
circumstances of the case. In all such cases, the agrees that such reference would be
normal procedures for dealing with applications inappropriate, for example where the
must first be followed, including reference to appointment is to a noncommercial body, such
the Advisory Committee where that is as a university. Applications from Special
appropriate. A decision that the national Advisers of equivalent standing will be
interest should override other considerations approved by the Head of the Home Civil
may only be taken by the Minister in charge of Service on the advice of the Advisory
the department or, in the case of applications Committee.
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All applications must be referred to the Cabinet a. a copy of a completed and countersigned
Office, which will consult the Head of the application form;
Home Civil Service.
b. a covering letter, giving their own assessment
27. Other members of the Senior Civil Service; of the application, including the outcome of
and specialists and Special Advisers of any consultations with competitors of the
equivalent standing. prospective employer, and their proposed or
recommended course of action.
Departments and agencies must consult the
Cabinet Office unless: 31. Guidance for departments and agencies
preparing assessments of applications for
– the applicant has had no official dealings submission to the Cabinet Office and
with the prospective employer at any time considering applications for departmental
during his or her period of Crown service approval is provided in Section 4.3 Annex B
and there appears to be no risk of criticism; of the Civil Service Management Code.
or
– the employment is with a noncommercial
organisation.
Departments and agencies do not need to
consult the Cabinet Office where:
– the applicant has had no official dealings
with the prospective employer in the previous
two years, or at most dealings of a casual
nature; and
– there appears to be no risk of the disclosure
of commercially sensitive information; or
– the appointment is with a noncommercial
organisation.
29. Departments and agencies may refer any
application to the Cabinet Office for advice.
Any application may be referred to the Advisory
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GUIDANCE FOR DEPARTMENTS AND AGENCIES
ON THE RULES ON THE ACCEPTANCE OF OUTSIDE
APPOINTMENTS BY CROWN SERVANTS
1. The Rules are designed primarily to a. whether the individual was acting as a
counter any suspicion that an appointment member of a team, jointly with other
might be a ‘reward for past favours’ granted individuals in the department or in
by the applicant to the employer, or that a Government more widely, or taking sole
particular employer might gain an unfair responsibility;
advantage over its competitors by employing
someone who had access to what they might b. whether the employer benefited substantially
legitimately regard as their own ‘trade secrets’. from such dealings;
2. An appointment might also be sensitive c. whether contact was direct;
because of the employer’s relationship with the
department and because of the nature of any d. whether it was indirect (ie through those
information which the applicant possesses for whom the applicant was responsible,
about Government policy. whether or not they normally worked for
him or her).
3. While appointments must not only be, but
must also be seen to be, free from reproach and 6. Departments are advised to take into
departments must therefore take account of account contacts in the course of official duty
public perception, departments should be which have taken place:
prepared to defend an appointment which they
were otherwise willing to approve when public a. at any time in the two years before
concern can be shown to be unjustifiable. resignation or retirement;
The employer and the applicant b. earlier, where the association was of a
continued or repeated nature.
4. In most cases problems will occur only if
the applicant has had some degree of contact 7. Departments are advised to consider in
with the prospective employer, giving rise to particular whether the applicant has been:
criticism that the post is a ‘reward for past
favours’. Departments are asked to take the a. dealing with the receipt of tenders from the
following into account: employer;
a. how much of the contact was in the course of b. dealing with the award of contracts to the
official duties; employer;
b. how significant was the contact; c. dealing with the administration or
monitoring of contracts with the employer;
c. the nature of the proposed employment;
d. giving professional or technical advice about
d. the connection between the new job and the such contracts whether before or after they
applicant’s previous official duties. were awarded;
5. In order to establish whether the applicant e. involved in dealings of an official but non
was able to exert any degree of influence over contractual nature with the employer (this is
the outcome of contractual or other dealings particularly important in the circumstances
with the prospective employers, departments are set out in paragraph 9).
advised to establish:
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8. Departments should consider the Overseas employers
circumstances of an applicant’s departure as a
component of considering each application on 10. The same considerations apply to foreign
its merits. Staffreduction policies will not justify publiclyowned institutions or companies as to
reducing standards of propriety, or any their UK counterparts. If the prospective
weakening of the element of protection which employer is a foreign government, departments
the rules offer to third parties in respect of trade are advised to consider whether the applicant
secrets. If a civil servant is asked to retire, or is has information that would benefit that
offered early retirement, at relatively short government to the detriment of HM
notice, or is unexpectedly made redundant, any Government or its allies. This can arise where
presumption that he or she had been paving the the person:
way to subsequent employment by offering
favours to potential employers may largely be a. has been giving advice to HM Government
removed. Conversely a protracted period of on policies affecting the foreign government;
uncertainty might heighten concerns that or
individuals were anticipating redundancy by
cultivating potential employers improperly. b. would have been in a position to gain special
knowledge of HM Government’s policies and
On balance, where departments and agencies intentions concerning the foreign government.
intend to reduce numbers during a relatively
short period of a year or so, unexpected Government policy or business
departures should normally be considered as a
factor mitigating any concerns on grounds of 11. Many Crown servants deal with private
rewards. interests on behalf of the Government. They
have special knowledge of how the Government
The employer and the Government would be likely to react in particular
circumstances. Departments are advised to
9. The relationship of the prospective consider whether the application could be, or
employer to the Government may be a relevant could be thought to be, significantly helpful to
factor in considering applications. Departments the employer in dealing with matters where
are advised to pay special attention to policy is developing or legislation is being
appointments where the employer: prepared in a way which might disadvantage
competitors of that employer. This applies in
a. has a contractual relationship with the particular to specific areas where:
department;
a. there has been a negotiating relationship
b. is regulated by the department; between the department and the employer;
c. receives subsidies, loans, guarantees or other b. the applicant has been involved in policy
forms of financial assistance from the discussions within the department leading to
department; a decision of considerable benefit to the
employer;
d. is one in which the Government is a
shareholder; or c. the applicant has been involved in policy
discussions within the department, knowledge
e. is one with which departments or branches of which might give the employer an
of Government or the Armed Services are, as improper advantage over its competitors; or
a matter of course, in a special relationship.
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d. where there is a risk of public criticism that of the service which the applicant will be
the applicant might have scope to exploit offering on behalf of the consultant. It may
contacts in his or her former department for be necessary to impose conditions on the
commercial purposes. appointment to protect the ‘trade secrets’ of
firms with which the applicant or the
In such cases, departments are asked to consider department had dealings.
the implications of the applicant’s joining the
employer, and be guided accordingly. 15. Where an applicant wishes to set up a
‘brass plate’ consultancy, the question of
The employer and competitors’ trade secrets ‘rewards for past favours’ does not arise in the
usual way. But departments will wish to keep in
12. Appointments might be criticised on the mind the need:
grounds that the applicant had access to
information about his or her prospective a. to counter any suspicion of impropriety that
employer’s competitors which they could might arise if such individuals were to be
legitimately regard as ‘trade secrets’. Concern given lucrative contracts by clients with
on this score can arise whether or not the which they or their former departments had
applicant has had previous dealings with the dealings; and
prospective employer. Departments are strongly
advised to consult competitors as a matter of b. to protect ‘trade secrets’ to which such
course, preferably using a standard letter based individuals may have had access. There may
on the Cabinet Office model letter, to see be circumstances in which it would be
whether they have any objections to the undesirable for an independent consultant to
appointment. offer services to a particular client where he
or she has had access to the trade secrets of
Consultancies a competitor of the client. The fact that the
competitor might also be free to use the
13. Individuals who are to be employed on same consultant, but did not choose to do
a consultancy basis (either for a firm of so, would not make the information any less
consultants or as an independent, selfemployed sensitive or negate the potential advantage
consultant, competing for commissions in the which could be gained by the client.
open market – a ‘brass plate’ consultancy)
should be treated in the same way as other In approving applications to set up ‘brass plate’
applicants under the Rules. Extra care is consultancies departments will, therefore, need
needed, however, in dealing with such to consider carefully the imposition of
applications. conditions in cases where such considerations
apply.
14. In the case of an applicant wishing to take
up a salaried appointment with a firm of 16. Departments will also need to consider
consultants, the ‘rewards for past favours’ issue whether to apply conditions limiting contacts
will relate almost exclusively to the nature of between applicants proposing to work as
any previous dealings between the applicant consultants and their former departments.
and the firm he or she is seeking to join. This may be particularly relevant in the case of
Departments will, however, need to consider the staff at senior levels, where there is a risk of
‘trade secrets’ question both from the point of public criticism that they could be exploiting
view of any competitors of the consultancy firm contacts in their former departments for
and then, more generally, from the point of view commercial purposes.
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ANNEX D: THE COMMITTEE’S RECOMMENDATIONS ON
APPOINTMENTS TAKEN UP BY FORMER CROWN SERVANTS
1 APRIL 2005 – 31 MARCH 2006
The Committee’s recommendations to the Prime Minister or to other Ministers on applications from
former Crown servants are set out in this Annex, using the key below. Appointments were approved
on the terms shown.
In the cases of the recommendations marked †, one member of the Committee dissented from the
advice given.
Category Explanation of recommendation
Unconditional approval The applicant should be permitted to take up the appointment
immediately
Take up, as proposed, The applicant should be permitted to take up the appointment on a
on (a specified date) specified future date (normally proposed by the applicant)
Noted and saw no difficulty The Committee was asked for advice after the appointment had been
taken up but saw no difficulty with it
Normal three months wait Unless they have been appointed from outside the Civil Service on a
limited period contract, Permanent Secretaries, including second
Permanent Secretaries, and their direct equivalents are subject to an
automatic waiting period of three months between leaving Crown
employment and taking up an outside appointment. Applicants within
this category are shown by an *
(When an applicant sought permission before leaving Crown service
or within the three months, the application was subject to the waiting
period. When an applicant sought permission after the three months
had expired, and provided there were no concerns about the
appointment, the recommendation was unconditional approval)
Approved, subject to The application should be approved, subject to a (specified) condition
(a condition)
Waiting period The applicant should wait for a (specified) period before taking up the
appointment
All waiting periods and conditions run from the date that the applicant left Crown service, unless
otherwise indicated.
The Committee’s recommendation is shown only if an appointment has been taken up (or announced)
during the period covered by this report (1 April 2005 – 31 March 2006)**. Recommendations on
appointments taken up since 1 April 2006 or yet to be taken up will be included on the Committee’s
website (www.acoba.gov.uk) and in the Committee’s next annual report.
**The Annex excludes nine appointments taken up by former members of the security and intelligence agencies, in order to
protect their identity. All these appointments were approved on the terms recommended by the Advisory Committee.
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ACOBA_pp26_31 4/7/06 10:01 pm Page 27
Chairman Approved subject to the
Waste Recycling Ltd (a condition that, for 12 months
subsidiary of Terra Firma) from his last day of service, he
should not be personally
involved in lobbying UK
Government Ministers or
officials on behalf of his new
employer or its clients
December 2005 January 2006
Partner Approved subject to the
Capgemini UK condition that, for six months
from his last day of service, he
should stand aside from any
involvement in the company's
public sector practice, and
that for 12 months from the
same date he should not be
personally involved in lobbying
UK Government Ministers or
officials on behalf of his new
employer or its clients
January 2006 January 2006
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Consultant Unconditional approval
Booz Allen Hamilton (UK) Ltd July 2005 September 2005
• Sir Peter Gershon CBE * Partner Unconditional approval
Office of Government RSM Robson Rhodes Business November 2005 November 2005
Commerce Consulting
Chief Executive
March 2004
• Ann Grant Special Adviser Approved subject to the
Foreign and Standard Chartered Bank condition that, for six months
Commonwealth Office from her last day in post, she
High Commissioner, should not revisit South Africa
South Africa for business purposes, advise
May 2005 on it, or have dealings with
companies there
February 2005 June 2005
• Stephen Haddrill Director General Approved subject to the
Department of Trade Association of British Insurers † condition that, for six months
and Industry from his last day of service, he
Director General, should not be personally
Fair Markets involved in lobbying
April 2005 Government Ministers or
officials
February 2005 April 2005
• Aidan Halligan Director, Clinical Governance Unconditional approval
Department of Health Team September 2005 October 2005
Deputy Chief North Bradford NHS Primary
Medical Officer Care Trust
September 2005
• Sir Christopher Hum Master Unconditional approval
KCMG Gonville and Caius College, May 2005 January 2006
Foreign and Cambridge
Commonwealth Office
HM Ambassador, Beijing
January 2006
(see Footnote 1 below)
Footnote 1:
Lord Morris recused himself from the Committee’s consideration of this appointment as he is an Honorary
Fellow of Gonville and Caius College, Cambridge.
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Member of Advisory Committee Unconditional approval
Renaissance Direct January 2006 January 2006
Investments Ltd
• Dame Mavis McDonald Consultant Unconditional approval
DCB * Inside Communications Ltd February 2006 March 2006
Office of the Deputy
Prime Minister
Permanent Secretary
October 2005
• Sir Ian Magee CB * Senior Adviser Approved subject to the three
Department for Booz Allen Hamilton (UK) Ltd month automatic waiting
Constitutional Affairs period from his last day of
Chief Executive and service and the condition that,
Second Permanent for 12 months from the same
Secretary date, he should not be
September 2005 involved personally in lobbying
DCA Ministers or officials
December 2005 January 2006
• Sir Nicholas Montagu Nonexecutive Director Approved subject to the
KCB * Xafinity Ltd condition that he should stand
Inland Revenue aside from any discussion of,
Permanent Secretary or giving advice on, any tax
March 2004 related matters for two years
from his last day of service,
acknowledging that it would
not be part of the job to which
he was being appointed
October 2005 November 2005
• Sir David Omand GCB * Adviser Unconditional approval
Cabinet Office Society of British Aerospace September 2005 September 2005
Security and Intelligence Companies
Coordinator
April 2005
• Alice Perkins CB Nonexecutive Director Unconditional approval
Cabinet Office Taylor Nelson Sofres plc June 2005 September 2005
Director General, (appointment previously held on
Corporate Development an unpaid basis)
Group
September 2005 Nonexecutive Director Unconditional approval
BAA plc December 2005 March 2006
• Chris Riley Consultant Approved subject to the
Department for Oxera Consulting Ltd conditions that, for 12 months
Transport from his last day of service, he
Director, Analysis should not be involved in
and Strategy lobbying the Department for
May 2005 Transport, and that for the
same period he should not be
personally involved in the
commercial aspects of
contracts with the Department
July 2005 August 2005
• Dr David Rogers Consultant Noted and saw no difficulty
Ministry of Defence World Meteorological October 2005 July 2005
Chief Executive Organisation
Met Office
July 2005
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Adviser to London Partners Both approved subject to the
Booz Allen Hamilton (UK) Ltd condition that, for 12 months February 2006
from his last day of service, he
UK Member of European should not be personally
Advisory Board involved in lobbying UK
Booz Allen Hamilton (UK) Ltd Ministers or officials on behalf
of Booz Allen Hamilton or its
clients
January 2006 February 2006
• Eugenie Turton CB Consultant Unconditional approval
Office of the Deputy The Automobile Association Ltd November 2005 December 2005
Prime Minister
Director General, Nonexecutive Director Unconditional approval
Housing and Planning Rockpools November 2005 December 2005
May 2004 Iris Consulting
Jobsgopublic
• Professor Sir John Drummond Professor of Unconditional approval
Vickers FBA Political Economy May 2005 October 2005
Office of Fair Trading Oxford University
Chairman
September 2005
• Sir Stephen Wall Chairman of Public Affairs, Unconditional approval
KCMG LVO * Europe, Middle East and Africa May 2005 June 2005
Foreign and Hill and Knowlton
Commonwealth Office
Adviser to the Prime
Minister and Head of
the European Secretariat
June 2004
• Eithne Wallis CB Senior Partner Noted and approved subject
Home Office Fujitsu Services Ltd to the condition that, for
Director General, 12 months from her last day
National Probation of service, she should not be
Service personally involved in lobbying
January 2005 Home Office Ministers or
officials on behalf of Fujitsu
Services Ltd
April 2005 March 2005
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ANNEX E: WRITTEN EVIDENCE SUBMITTED TO THE HOUSE OF
COMMONS PUBLIC ADMINISTRATION SELECT COMMITTEE
MEMORANDUM FROM THE ADVISORY COMMITTEE (MARCH 2006)
The Committee was set up as a standing if asked, whether its advice has not been sought
advisory committee in 1975 by the then Prime in any particular instance.
Minister, Harold Wilson. Its function was, and
remains, to give advice to the Prime Minister of The Committee’s approach to its work
the day on the terms on which applications
from the most senior Crown servants to take In the light of its experience in operating the
up outside appointments might be approved. rules, the Committee, prior to Sir Patrick
The Committee advises the Foreign Secretary Brown’s review, took an opportunity in 2003
on similar applications from members of the to review its approach to the scrutiny of
Diplomatic Service. individual cases in the context over a period
of years of an increasing Government
The Committee has for the last ten years involvement and interchange with the private
administered an additional, but similar, scheme sector. The conclusions it reached are set out in
for former Ministers, although in this case it its 2004 report.
gives advice directly to the individual who seeks
it in accordance with the Ministerial Code. The Do the business appointment systems for
Committee is a joint body which also advises former Ministers and Crown servants work
former Ministers in Scotland and Wales. effectively and achieve their purpose?
The Committee discharges its remit by applying The Advisory Committee shares the view
the Rules on the Acceptance of Outside reached by Sir Patrick Brown that “the Rules,
Appointments by Crown Servants (in the Civil and their application by the Committee and
Service, the Armed Forces, the Diplomatic others to former Crown servants, have
Service, and the intelligence agencies) and the generally worked satisfactorily to provide
Guidelines on the Acceptance of Appointments reassurance that there has been no
or Employment outside Government by Former impropriety when individuals move from the
Ministers of the Crown. These Rules and public sector to appointments elsewhere”
Guidelines are given to it by the Government. (page 2 of his report).
Unlike some other regulators, the Committee
does not produce any rules, guidance, or code The success of regulation in this unusual area
of its own. can only be judged by the extent to which it
satisfactorily detects and addresses any
The central aim of these schemes, both for reasonable cause for concern or criticism
Crown servants and former Ministers, is to about appointments. It must be fair to all
sustain public confidence in the propriety of interested parties, whether they be companies
any appointments taken up after leaving their dependent on fair competition for Government
posts. The Committee believes that such contracts, applicants who wish to find new
confidence can only be achieved through employment, or the public at large who wish to
openness and transparency in their application. be assured that public servants and those who
It therefore reports extensively on its work, and have held Ministerial office do not use their
its annual reports and website privileged positions or inside knowledge for
(www.acoba.gov.uk) include a record of the personal gain.
advice it has given on those appointments that
have been taken up. It will correspondingly say,
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These factors, and the safeguards needed if case there is no obligation to act on that advice.
confidence is to be maintained, are a matter of As the matter now stands, it is possible for
judgement in the circumstances of each case, them to go through the motions of consultation
rather than of a mechanical calculation by without regard to the apparent spirit or
reference to rigid criteria. The Committee does intention of the Code. The Committee does not
pay regard to its recommendations in previous view the disparity in its present form as
cases. There can be scope for disagreement satisfactory. An alternative might be a “comply
about such judgements, but the Committee’s or explain” approach, under which the former
reports do not appear to have elicited Minister would be expected either to follow the
significant criticism from any quarter about advice given or, if he or she did not accept it, to
the advice it has given under the current explain why.
regulations; indeed the contrary is the case.
Sir Patrick Brown’s report
The main strengths of the system, in the
Committee’s view, follow from its established The Committee does not recognise the basis
practice. The procedures operate under for some of the assumptions in Sir Patrick
published rules and guidelines. The process for Brown’s report.
Crown servants commences in the employer
Department with the collection of relevant facts For example, his description of the system as
and their verification. In then considering the one in which “decisions on cases are often
facts, account is taken by the Department of made on the basis of what people think the
any reasonable perception of them that may be public perception would be” is misleadingly
anticipated. After the Advisory Committee has incomplete. The business appointments process
considered the case, applicants are offered the for Crown servants is founded on a detailed
opportunity to discuss it personally with the account by an applicant of the relevant facts,
Committee and to question its provisional which is subject to confirmation by a
judgement before it gives its formal advice. countersigning officer who is best placed to
Very few applicants seek such meetings. Finally, give it. The completed document is then
the Committee’s advice is itself published, considered first by the employer Department
together with information about the and then by the Advisory Committee with the
appointment. benefit of the employer Department’s advice.
Since the purpose of the process is to maintain
The Committee recognises that the process can public confidence, each of these will assess,
sometimes be rather lengthy, especially where bearing in mind the relevant facts, whether the
cases are complex and, as in many instances, appointment will give rise to a reasonable
individuals have left the Crown service some suspicion of impropriety.
time before receiving an approach from a
company offering employment. It notes that Sir Patrick’s proposals appear to entail the
applicants from the MOD may, for removal from the rules of the present option to
departmental reasons, face a somewhat longer delay an appointment where a Crown servant
wait before a decision can be made1.
1. The process for considering applications from the most senior
For former Ministers, the Ministerial Code members of the Armed Forces and civilians in the MOD has
requires that they seek the Committee’s advice an additional step. Their applications are submitted to an
on outside appointments. However, in their internal Panel before they are sent, with the Panel’s
recommendation, to the Advisory Committee.
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has had, for example, commercially sensitive were colleagues. It acknowledges that lobbying
information that could distort competition for may take different forms and can be difficult to
a Government contract. The Committee would define precisely. However, in its generally
not expect this to enhance public confidence. recognised and sensitive form it is normally
While it shares the general sentiments expressed conducted “behind closed doors”. The
by Sir Patrick about the integrity of the public Committee believes that such activities will
services, it has seen no specific evidence that inevitably be open to suspicion and are thus,
companies competing for business would until there has been a suitable lapse of time,
always be content to depend entirely on an incompatible with a system that exists for the
ingrained adherence by a former Crown servant purpose of providing public reassurance
to the duty of confidentiality, even if reaffirmed of propriety.
by the individual before accepting an
appointment with a new employer. Nor does it Although Sir Patrick has suggested that
feel confident that the proposed legal sanction decisions are not made on applications to take
would work in practice. up an outside appointment “until after
agreement has been reached between the
The Committee believes that the question of individual and the prospective employer”,
“material influence”, which is the single test the rules require prior approval. Indeed, the
he proposes, is too simplistic to stand on its Committee has welcomed the early approach
own and also may be open to different made to it by some appointees on fixedterm
interpretations. In practice, in its generally contracts, so that it might help them
perceived sense, the test is already taken into understand the implications of their eventual
account under the present system. The reentry to the private sector.
Committee also has doubt about the fairness
and defensibility of the single sanction of the Conclusion
twoyear waiting period proposed in all cases
if the test is failed, and thus the wisdom of sole In the opinion of the Committee, the current
reliance on it. approach to the application of the rules, which
evolves as circumstances change, enables the
Sir Patrick considers that lobbying is not rules to achieve their purpose; no substantial
unhealthy, and draws attention to public alteration of them is needed. The present
servants’ familiarity with “special pleading”. approach retains flexibility of judgement for
He is concerned, however, that they should not individual cases and avoids rigid criteria which
be swayed in their decisions because they were can lead to unfairness and challenge.
dealing with a former member of the Nevertheless, the Committee believes there
Department, and he proposes the construction could be greater clarity about how they should
of a formal audit process to ensure that they apply to Special Advisers and others who have
exercise proper caution. not been directly involved in work connected
with the award of contracts. There is also a
Both in its reports and in the advice it has given need for the process of induction into Crown
in individual cases, the Committee has made service to deal more clearly with the ethical
clear its view about appointments which standards required in public life, and a need
involve early engagement in lobbying the for all who are leaving it to be made aware
Government, especially the individual’s former of the rules concerning the acceptance of
Department where those who are to be lobbied outside appointments.
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The current members of the Advisory
Committee have each agreed to continue to
operate the current business appointment
systems while the present review is taking
place. They are not paid for carrying out their
task. While they do not consider that it is for
them to suggest who should administer
regulation in this sensitive area, they take the
view that the success of any process of this kind
will depend in large measure on the credibility
of those who administer it, and especially on
the width and depth of their experience.
To hand the work as an “addon” to a body
originally appointed for a different purpose
could foreseeably lead, because of the volume,
to it having to be delegated, probably to a body
not dissimilar to the present one.
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NOTE FROM THE RT HON LORD MACLENNAN OF ROGART
(MARCH 2006)
The present composition of ACOBA is suitable with which they have had special
for the task of ethical regulation since its relationships suggests that the individuals
members have broad experience of the public are not valued by the relevant businesses
service and its interface with the private sector. simply for their generalist capabilities but
Its members are at arm’s length from the rather for their particular understanding of,
Government service, have no part to play in and perhaps their identification with, the
formulating the Rules which they apply and, concerns of the sector. While mutual
since their role is advisory, no responsibility comprehension of sectoral issues is clearly
for enforcement. desirable any propensity on the part of a
Crown servant to defer to company or
The Rules which the Committee has to apply sectoral pressures, without giving due
are for the most part apt for the task of weight to alternatives in the public interest
avoiding the public perception of impropriety would be a betrayal of the public servant’s
in the particular cases where they are applied. responsibility.
The Rules do allow for full consideration of the
cases made by the candidates for particular • If a Crown servant needs or wants post
appointments. service paid employment it is undoubtedly
easier to find it through networking with
The increasingly frequent transfer of individuals those with whom there has been institutional
from the public service into the private sector and sometimes personal dealings than
and vice versa does give rise to concerns which through coldcalling on other businesses.
may not have been in the minds of the drafters It would be natural, in the absence of any
of the Rules. bar to such employment, for the Crown
servant to be anxious to please such
• There is a risk that the seamless translation potential employers.
of a senior Crown servant to a client
company of a Department may be oiled by • We have had some evidence that particular
the previous closeness of the relationship senior Crown servants have been faced with
between the company and the Department. the prospect of early retiral without receiving
The danger is not so much that an individual any assistance from their Departments to
may be offered the explicit reward of a find suitable postservice employment.
subsequent appointment for a favour Unsurprisingly, in certain cases the Crown
received during the final period of public servants have found employment with
service but rather that when the Crown companies conspicuously involved with their
servant is contemplating a postservice move Departments in their concluding months of
into the private sector the interest of the service. It is, of course, not possible to know
Department’s client is more salient in the whether that involvement made calls beyond
mind of the Crown servant than is the need the duty of the officials concerned. But the
to serve and protect the public interest. nexus is clear.
• The frequency with which Crown servants
are attracted into particular business sectors
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The risks outlined above suggest two possible • The current arrangements for giving
courses of action, one negative and one assistance to senior Crown servants to find
positive, which go beyond the present Rules “suitable” postservice employment need to
of practices. be considerably strengthened. The abilities of
those with whom ACOBA is concerned are
• It should be recognised and provided for portable to a wide range of positions which
clearly within the Rules that certain need not give rise to any concerns as to how
categories of private sector employment are the final period of public service may have
entirely unsuitable for retiring Crown been spent. While the existence of “out
servants. It should be a contractual condition placement” firms is recognised by the public
of the employment of the Crown servant service (and I enclose a copy of the Cabinet
that these categories of postservice Secretary’s letter to me on this subject), their
employment are and will remain closed for capabilities and costs may be underestimated.
a long period of years beyond the retirement It would be reasonable for the public service
of the individual from the Crown service. To to contribute financially in the retention of
be debarred for a short period, say, for two suitable firms to help to diminish the
years, would not suffice since mere deferral growing scale of the problems to which this
cannot remove the risks described above. note seeks to draw attention.
The circumstances leading to the
categorisation of a particular employment
as “unsuitable” clearly require careful
definition. It might include any business
involved with the Department during, say,
the previous five years, in making
representations or entering into contracts
which could have affected its own financial
interests or that of the sector to which it
belongs. The involvement might be in respect
of the interest of the business in gaining
advantage from decisions concerning direct
promotion of the company, regulation,
planning requirements, taxation, allowance
or grants. This list of circumstances is clearly
not exhaustive.
I am fortified in my view that certain
positions should be deemed unsuitable since
it seems to me that most of the conditions
which can be attached by the Committee are
wholly unenforceable. “Lobbying” is not a
term of art and it can be done very subtly
and without necessarily going through any
transparent channels.
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TABLE 1
Applications from Crown servants in 2005–06
UNCONDITIONAL CONDITIONAL
DEPARTMENT/AGENCY APPLICATIONS APPROVAL APPROVAL
Cabinet Office 24 12 12
Constitutional Affairs 8 7 1
Culture, Media and Sport 1 1 –
Defence (Civilian) 85 73 12
Defence (HM Forces) 123 102 21
Defence Science Technology Laboratory 9 9 –
Education and Skills 12 9 3
Environment, Food and Rural Affairs 10 10 –
Estyn 4 3 1
Export Credits Guarantee Department 2 – 2
Foreign and Commonwealth Office 26 17 9
Government Actuary’s Department 3 1 2
Government Communications HQ 58 38 20
Government Offices for the English Regions 1 1 –
Health 9 8 1
Health and Safety Executive 3 3 –
Highways Agency 2 2 –
Home Office 6 3 3
International Development 2 2 –
Northern Ireland Office 4 4 –
Office for National Statistics 1 – 1
Office for Standards in Education 23 19 4
Office of Fair Trading 2 2 –
Office of Government Commerce 6 5 1
Office of the Deputy Prime Minister 22 22 –
Office of Water Services 2 2 –
HM Prison Service 1 – 1
HM Revenue and Customs 85 66 19
Scottish Executive 11 8 3
Secret Intelligence Service 9 2 7
Security Service 2 1 1
Serious Fraud Office 1 1 –
Strategic Rail Authority 9 4 5
Trade and Industry 23 20 3
Transport 9 6 3
HM Treasury 1 – 1
Treasury Solicitor 1 – 1
Work and Pensions 4 3 1
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TABLE 2
Applications referred to the Cabinet Office in 2005–06
APPROVED
APPROVED SUBJECT TO
DEPARTMENT APPLICANTS APPLICATIONS UNCONDITIONALLY CONDITIONS
Cabinet Office 11 24 12 12
Constitutional Affairs 5 8 7 1
Culture, Media and Sport 1 1 1 –
Defence (Civilian) 2 2 2 –
Defence (HM Forces) 16 26 15 11
Education and Skills 5 9 7 2
Foreign and Commonwealth Office 19 26 17 9
Government Communications Headquarters 2 2 2 –
Government Offices for the English Regions 1 1 1 –
Health 7 9 8 1
Health and Safety Executive 1 1 1 –
Highways Agency 2 2 2 –
Home Office 5 5 3 2
International Development 2 2 2 –
Northern Ireland Office 1 4 4 –
Office for National Statistics 1 1 – 1
Office for Standards in Education 6 9 5 4
Office of the Deputy Prime Minister 2 6 6 –
Office of Fair Trading 1 2 2 –
Office of Government Commerce 3 6 5 1
HM Revenue and Customs 2 3 – 3
Scottish Executive 3 4 2 2
Secret Intelligence Service 2 9 2 7
Security Service 2 2 1 1
Trade and Industry 9 20 17 3
Transport 4 4 1 3
HM Treasury 2 3 1 2
Treasury Solicitor's Department 1 1 – 1
Work and Pensions 4 4 3 1
39
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TABLE 3
Applicants whose applications were referred to the Cabinet Office in 2005–06, categorised by reason for leaving
Crown service
REASON FOR LEAVING CROWN SERVANTS HM FORCES
Normal retirement age 42 14
Early retirement 19 1
Resignation 37 1
End of contract 4 –
Redundancy 4 –
TOTAL 106 16
40
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TABLE 4
Applications considered by the Advisory Committee in 2005–06, categorised by department and outcome
APPROVED
APPROVED SUBJECT TO
DEPARTMENT APPLICANTS APPLICATIONS UNCONDITIONALLY CONDITIONS
Cabinet Office 6 13 3 10
Constitutional Affairs 2 6 5 1
Defence (Civilian) 2 2 2 –
Defence (HM Forces) 6 11 2 9
Education and Skills 1 1 1 –
Foreign and Commonwealth Office 7 10 8 2
Health 3 5 5 –
Health and Safety Executive 1 1 1 –
Home Office 1 1 – 1
Northern Ireland Office 1 4 4 –
Office of Fair Trading 1 2 2 –
Office of Government Commerce 1 1 1 –
Office of the Deputy Prime Minister 2 6 6 –
HM Revenue and Customs 1 2 – 2
Secret Intelligence Service 2 9 2 7
Trade and Industry 2 3 2 1
Transport 1 1 – 1
Work and Pensions 1 1 1 –
TOTAL 41 79 45 34
SUMMARY OF APPLICATIONS
Applications approved unconditionally 45
Approved subject to waiting periods
3 months 2
6 months 1
12 months 1
Approved subject to other conditions 23
Approved with waiting period and other conditions 7
TOTAL 79
41
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TABLE 5
Applicants whose applications were considered by the Advisory Committee in 2005–06, categorised by department
and reason for leaving Crown service
NORMAL
AGE EARLY END OF
DEPARTMENT RETIREMENT RETIREMENT RESIGNATION CONTRACT REDUNDANCY
Cabinet Office 2 1 3 – –
Constitutional Affairs – 2 – – –
Defence (Civilian) 1 1 – – –
Defence (HM Forces) 5 1 – – –
Education and Skills – – 1 – –
Foreign and Commonwealth Office 5 2 – – –
Health – – 1 – 2
Health and Safety Executive – – 1 – –
Home Office – – 1 – –
Northern Ireland Office – 1 – – –
Office of Fair Trading – – – 1 –
Office of Government Commerce – – – 1 –
Office of the Deputy Prime Minister 1 1 – – –
HM Revenue and Customs 1 – – – –
Secret Intelligence Service 2 – – – –
Trade and Industry – – 1 – 1
Transport – – – 1 –
Work and Pensions – – 1 – –
TOTAL 17 9 9 3 3
42
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TABLE 6
Applications considered by the Advisory Committee in 2005–06, categorised by department and nature of
new employment
BOARD LEVEL/ CONSULTANT/
DEPARTMENT SENIOR MANAGEMENT ADVISER OTHER
Cabinet Office 8 3 2
Constitutional Affairs 2 4 –
Defence (Civilian) 1 – 1
Defence (HM Forces) 1 9 1
Education and Skills 1 – –
Foreign and Commonwealth Office 4 3 3
Health 3 2 –
Health and Safety Executive 1 – –
Home Office 1 – –
Northern Ireland Office – 3 1
Office of the Deputy Prime Minister 3 3 –
Office of Fair Trading – – 2
Office of Government Commerce – – 1
HM Revenue and Customs 1 – 1
Secret Intelligence Service 2 7 –
Trade and Industry 2 – 1
Transport – 1 –
Work and Pensions 1 – –
TOTAL 31 35 13
43
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ACOBA_covers 4/7/06 9:57 pm Page IBCi
ACOBA_covers 4/7/06 9:57 pm Page BCii
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