Source · Select Committees · Public Administration and Constitutional Affairs Committee
Recommendation 11
11
Accepted
Paragraph: 61
Rather than only raising concerns, Senior Independent Panel Members should report to the Commissioner for...
Recommendation
Rather than only raising concerns, Senior Independent Panel Members should report to the Commissioner for Public Appointments on the conduct of all significant public appointments processes. The Governance Code should be updated accordingly.
Government Response Summary
The government is developing a 'ministerial deed' to legally commit ministers to the Business Appointment Rules and will strengthen contractual clauses for civil servants to clarify post-government employment restrictions, allowing for exploration of further sanctions like financial penalties for breaches.
Paragraph Reference:
61
Government Response
Accepted
HM Government
Accepted
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. Public Administration and Constitutional Affairs Committee, Paragraph 28 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. 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. 1.4 The Application of Decisions by ACOBA Committee on Standards in Public Life,