Source · Select Committees · Public Administration and Constitutional Affairs Committee
Fourth Report - Propriety of Governance in Light of Greensill
Public Administration and Constitutional Affairs Committee
HC 888
Published 2 December 2022
Recommendations
3
Acknowledged
Para 27
The Government has told us that it is exploring contractual mechanisms to ensure that the...
Recommendation
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 …
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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.
16
Acknowledged
The letters of engagement issued to direct appointments are tantamount to a contract of employment.
Recommendation
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 …
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Government Response Summary
The government is strengthening and clarifying compliance arrangements across departments.
19
Acknowledged
Para 87
Concerns about the process for appointing the Independent Adviser are longstanding.
Recommendation
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 …
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Government Response Summary
The government keeps the honours, whistleblowing and recruitment processes under continuous review.
Conclusions (5)
4
Conclusion
Acknowledged
Para 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.
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.
7
Conclusion
Acknowledged
Para 38
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 …
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.
13
Conclusion
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 …
Government Response 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.
17
Conclusion
Acknowledged
Para 80
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 …
Government Response 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 may need to be amended given the planned system will move from an application-based system to a contractual one.
20
Conclusion
Acknowledged
Para 92
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. …
Government Response 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 obligations if an investigation doesn't proceed.