Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 4
4
Acknowledged
Paragraph: 28
Enforcement and the ability to sanction those that breach the Rules is fundamental to ensuring...
Conclusion
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.
Government Response 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 allow the Government to explore further sanctions, such as financial penalties, if and where such breaches occur.
Paragraph Reference:
28
Government Response
Acknowledged
HM Government
Acknowledged
The Government agrees that the Rules should be incorporated more effectively into contracts. While the Rules already form part of civil servant terms and conditions, this can be strengthened by increasing the detail in the contractual clauses so they, in conjunction with the Rules, make clear what people can and cannot do after leaving Government. Ministers are not employees and do not have contracts. The Government is instead 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. The Government hopes that, as a result of these improvements to the system, breaches of the Rules will become rarer. However, if needed, tightening the legal framework governing the application of the Rules in this manner will allow the Government to explore further sanctions, such as financial penalties, if and where such breaches occur.