Recommendations & Conclusions
8 items
3
Recommendation
Fourth Report - Propriety of Governance…
Acknowledged
The Government has told us that it is exploring contractual mechanisms to ensure that the Business Appointment Rules are legally enforceable. We support this. In its response to this report, the Government should outline the form that this will take and the sanctions which will apply. It should also outline …
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The Government has told us that it is exploring contractual mechanisms to ensure that the Business Appointment Rules are legally enforceable. We support this. In its response to this report, the Government should outline the form that this will take and the sanctions which will apply. It should also outline the timeline for implementation.
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Government response AI summary
The Government agrees that the Rules should be incorporated more effectively into contracts and is committed to developing a ‘ministerial deed’ which will be designed to legally commit ministers to the Rules, and any resulting conditions, in the same manner as civil servants; this will …
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4
Conclusion
Fourth Report - Propriety of Governance…
Acknowledged
Enforcement and the ability to sanction those that breach the Rules is fundamental to ensuring a regulatory regime that commands public confidence. This could be achieved by the Government pursuing those who do not comply with their obligations under the Business Appointment Rules through the courts.
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Enforcement and the ability to sanction those that breach the Rules is fundamental to ensuring a regulatory regime that commands public confidence. This could be achieved by the Government pursuing those who do not comply with their obligations under the Business Appointment Rules through the courts.
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Government response AI summary
The Government agrees that the Rules should be incorporated more effectively into contracts and is committed to developing a ‘ministerial deed’ which will be designed to legally commit ministers to the Rules, and any resulting conditions, in the same manner as civil servants; this will …
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7
Conclusion
Fourth Report - Propriety of Governance…
Acknowledged
We do not think that a system based solely around voluntary compliance with general principles is sufficient to maintain public confidence in the integrity of the system regulating the ‘revolving door’ and have recommended that the Business Appointment Rules are legally enforced and that their content is strengthened. Nonetheless, the …
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We do not think that a system based solely around voluntary compliance with general principles is sufficient to maintain public confidence in the integrity of the system regulating the ‘revolving door’ and have recommended that the Business Appointment Rules are legally enforced and that their content is strengthened. Nonetheless, the need for those subject to the Rules to consider narrow compliance with them when considering future employment Propriety of Governance in Light of Greensill 39 opportunities, alongside exercising judgement about what is appropriate, is evident. Neither is such judgement limited to the two-year window in which the Business Appointment Rules apply.
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Government response AI summary
The Government agrees that the Rules should be incorporated more effectively into contracts and is committed to developing a ‘ministerial deed’ which will be designed to legally commit ministers to the Rules, and any resulting conditions, in the same manner as civil servants; this will …
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13
Conclusion
Fourth Report - Propriety of Governance…
Acknowledged
This Committee, alongside other Select Committees, has tried to accommodate the Government when pre-appointment hearings have needed to be completed urgently, scheduling them at short notice and reporting almost immediately. However, this has now become routine. Our predecessor Committee was assured that this would be addressed, yet no improvement has …
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This Committee, alongside other Select Committees, has tried to accommodate the Government when pre-appointment hearings have needed to be completed urgently, scheduling them at short notice and reporting almost immediately. However, this has now become routine. Our predecessor Committee was assured that this would be addressed, yet no improvement has been evident. This has given rise to the assumption that the Government has intended to press on with the appointment, regardless of the view of Select Committees. (Paragraph 65) 40 Propriety of Governance in Light of Greensill
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Government response AI summary
The government acknowledges the Committee's concerns about the pre-appointment process, stating that sufficient time must be allowed for this stage to be completed. It also notes the close relationship required for the Independent Adviser on Ministers' Interests to be a direct ministerial appointment.
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16
Recommendation
Fourth Report - Propriety of Governance…
Acknowledged
The letters of engagement issued to direct appointments are tantamount to a contract of employment. They state the purpose for which the appointment is being made, the term length, and their accountability. These letters should be shared with the Chair of the relevant Select Committee when the appointment is made. …
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The letters of engagement issued to direct appointments are tantamount to a contract of employment. They state the purpose for which the appointment is being made, the term length, and their accountability. These letters should be shared with the Chair of the relevant Select Committee when the appointment is made. (Paragraph 73) The Ministerial Code
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Government response AI summary
The government is strengthening and clarifying compliance arrangements across departments.
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17
Conclusion
Fourth Report - Propriety of Governance…
Acknowledged
Recent events have demonstrated the impact of the perceived lack of independence and authority of the Independent Adviser on Ministers’ Interests on public confidence in the integrity of the conduct of Ministers. In addition to advising on mitigating Ministers’ conflicts of interest, the Independent Adviser plays a crucial investigatory role …
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Recent events have demonstrated the impact of the perceived lack of independence and authority of the Independent Adviser on Ministers’ Interests on public confidence in the integrity of the conduct of Ministers. In addition to advising on mitigating Ministers’ conflicts of interest, the Independent Adviser plays a crucial investigatory role when Ministers are suspected of having breached the Ministerial Code. To this end, former Prime Minister Boris Johnson was required to strengthen the independence of the role. Following the equivocation of the previous Prime Minister, we welcome that the Government has now confirmed that it plans to appoint a new Independent Adviser.
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Government response AI summary
The government agrees that transparency of the Business Appointments Rules and how the process is administered is essential to ensure that the public can have confidence in it and that the recommended information should be published. However, the specifics of the data to be published …
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19
Recommendation
Fourth Report - Propriety of Governance…
Acknowledged
Concerns about the process for appointing the Independent Adviser are longstanding. The independence and integrity of the postholder are fundamental to their ability to carry out the role. As with the other standards watchdogs, the power of the Prime Minister to appoint the Independent Adviser should be balanced with a …
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Concerns about the process for appointing the Independent Adviser are longstanding. The independence and integrity of the postholder are fundamental to their ability to carry out the role. As with the other standards watchdogs, the power of the Prime Minister to appoint the Independent Adviser should be balanced with a robust and transparent appointment process that allows the candidate to demonstrate their qualities for the role rather than their name being ‘alighted upon’, as is currently the case. The Independent Adviser should be subject to the Commissioner for Public Appointments process applicable to Significant Appointments. In addition, in accordance with our recommendation in this report concerning revisions to that process, the Independent Adviser’s appointment should be subject to a pre-appointment hearing with the relevant Select Committee and should require its endorsement.
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Government response AI summary
The government keeps the honours, whistleblowing and recruitment processes under continuous review.
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20
Conclusion
Fourth Report - Propriety of Governance…
Acknowledged
We welcome that the Terms of Reference for the Independent Adviser now effectively include the authority to initiate inquiries. We would expect the requirement that Prime Ministers’ consent be given beforehand to be used in extremely limited cases, such as where matters of national security or legal privilege are involved. …
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We welcome that the Terms of Reference for the Independent Adviser now effectively include the authority to initiate inquiries. We would expect the requirement that Prime Ministers’ consent be given beforehand to be used in extremely limited cases, such as where matters of national security or legal privilege are involved. Further to our recommendation above, we expect the next Independent Adviser to retain this power in the Terms of Reference applicable to their appointment.
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Government response AI summary
The government states that the Independent Adviser may now initiate an investigation having consulted the Prime Minister, and is clear that consent would only be withheld in exceptional circumstances, where the Prime Minister considers there are public interest reasons for doing so; there are transparency …
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