House of Commons Public Administration Select Committee

Appointment of the Chair of the Advisory Committee on Business Appointments

Second Report

Report, together with formal minutes relating to the report

Ordered by the House of Commons to be printed 9 December 2014

9HC 759 Published on 12 December 2014 by authority of the House of Commons London: The Stationery Office Limited £0.00

The Public Administration Select Committee (PASC)

The Public Administration Select Committee is appointed by the House of Commons to examine the reports of the Parliamentary Commissioner for Administration and the Health Service Commissioner for England, which are laid before this House, and matters in connection therewith, and to consider matters relating to the quality and standards of administration provided by civil service departments, and other matters relating to the civil service.

Current membership Mr Bernard Jenkin MP (Conservative, Harwich and North Essex) (Chair) Mr MP (Conservative, Ribble Valley) Paul Flynn MP (Labour, Newport West) Mrs Cheryl Gillan MP (Conservative, and ) Sheila Gilmore MP (Labour, Edinburgh East) David Heyes MP (Labour, Ashton under Lyne) Mr Adam Holloway MP (Conservative, Gravesham) Kelvin Hopkins MP (Labour, Luton North) Greg Mulholland MP (Liberal Democrat, Leeds North West) Lindsay Roy MP (Labour, Glenrothes) Mr Andrew Turner MP (Conservative, Isle of Wight)

Powers The powers of the committee are set out in House of Commons Standing Orders, principally in SO No 146. These are available via www.parliament.uk.

Publication Committee reports are published on the Committee’s website at www.parliament.uk/pasc and by The Stationery Office by Order of the House.

Committee staff The current staff of the Committee are Catherine Tyack and Sîan Woodward (Joint Clerks), Adam Fenn (Second Clerk), Sarah Taylor (Committee Specialist), Sarah Hawkswood (Senior Committee Assistant) and Ian Blair (Committee Assistant)

Contacts All correspondence should be addressed to the Clerks of the Public Administration Select Committee, Committee Office, 7 Millbank, House of Commons, London SW1P 3JA. The telephone number for general enquiries is 020 7219 2784; the Committee’s email address is [email protected].

Appointment of the Chair of ACOBA 1

Contents

Report Page

1 Pre-appointment hearing 3 Background 3 The Role 3 Appointment process 4 The Prime Minister’s Preferred Candidate 4 The Hearing 5 Conclusion 5

Appendix: Baroness Angela Browning’s CV 6

Formal Minutes 8

Witness 9

List of Reports from the Committee during the current Parliament 10

Appointment of the Chair of ACOBA 3

1 Pre-appointment hearing

Background 1. The July 2007 Green Paper, The Governance of Britain, proposed the introduction of pre-appointment hearings for key public officials in which Parliament has a strong interest. It stated that, in each case, it should fall to the relevant select committee to conduct the hearing, which should cover issues such as the candidate's suitability for the role, his or her key priorities, and the process used in selection.1 The House of Commons Liaison Committee subsequently agreed a list of posts that would be subject to such a hearing with the Government in May 2008.2

2. The Liaison Committee has published guidance for committees to ensure that hearings are conducted appropriately. The outcome of the hearing is non-binding, although the report from a committee holding a pre-appointment hearing should inform Ministers' decision-making on whether or not to proceed. Our purpose in conducting pre- appointment hearings is to satisfy Parliament that the post would be filled by someone of sufficient calibre. 3. On 9 December 2014 we held a pre-appointment hearing with Baroness Angela Browning, the Prime Minister’s preferred candidate for the post of Chair of the Advisory Committee on Business Appointments (ACOBA).

4. We have expressed elsewhere our views on the Business Appointment Rules and the need for reform and renewal of ACOBA.3 This short report gives our view of Baroness Browning’s suitability for the post as it is currently constituted.

The role 5. The Chair of ACOBA is one of the posts agreed to be suitable for pre-appointment hearings because of its “important role in ensuring public trust in government by regulating exit from government”.4 ACOBA advises the Prime Minister and others on the application of the Rules on the Acceptance of Outside Appointments by Crown Servants (also known as the ‘Business Appointment Rules’) to very senior Crown servants.5 The

1 , The Governance of Britain, Cm 7170, July 2007, para 76 2 Liaison Committee, First Special Report of Session 2007-08, P re -appointment hearings by select committees: Government Response to the Committee's First Report of Session 2007-08, HC 594 3 Public Administration Select Committee, Sixth Report of Session 2006-07, The Business Appointment Rules, HC 651, First Report of Session 2008-09, Lobbying: Access and influence in Whitehall, HC 36-I, Third Report of Session 2012- 13, Business Appointment Rules, HC 404 [incorporating HC 1762-i-v, Session 2010-12] and First Special Report of Session 2014-15, Business Appointment Rules: Government Response to the Committee's Third Report of Session 2012-13 4 Liaison Committee, First Report of Session 2007-08, Pre-appointment hearings by select committees, HC 384, Annex B and Pre-appointment hearings by select committees: Government Response to the Committee's First Report of Session 2007-08 5 Advice is provided to the if the applicant is from the diplomatic service, the Defence Secretary for most Ministry of Defence staff, to the First Ministers of Scotland and Wales in the case of the Devolved Administrations, or the relevant Permanent Secretary if the applicant is a .

4 Appointment of the Chair of ACOBA

Rules set out the circumstances in which civil servants, diplomats, members of the armed forces and others need to obtain Government permission to take up outside appointments within two years of leaving the service of the Crown. The Advisory Committee also provides advice to Ministers and former Ministers looking to take up outside appointments within two years of leaving office. Ministers are required to seek the Committee’s advice for appointments, other than unpaid posts in non-commercial organisations, under the Ministerial Code. The Ministerial Code states that Ministers are “expected” to follow the Committee’s advice.6

Appointment process 6. The post was advertised at £8,000 per annum in the Sunday Times/Times Online and on the Cabinet Office Public Appointments website.

7. The appointment was offered on a single five-year non-renewable appointment term. The initial advertising period was three weeks and concluded on 30 October 2014. The essential criteria for the role were advertised as:

• Understanding of the work of the Committee, and the ability to work well as part of a diverse team of influential people;

• Understanding of the machinery of government, preferably gained through practical experience at a senior level;

• Excellent judgment and ability to command the confidence and trust of Parliament and the public, and of Ministers, civil servants and other Crown servants subject to the Business Appointment Rules;

• Good communication skills;

• Personal integrity and strength of character; and

• Excellent leadership skills, and experience over several years of operating at Board level or equivalent in one or more major organisations.

The Prime Minister’s preferred candidate 8. We were notified on 3 December that the Prime Minister’s preferred candidate was Baroness Browning, a Conservative Member of the and a current member of the Advisory Committee. We also received Baroness Browning’s curriculum vitae and supporting documentation setting out the requirements of the post and details of the recruitment process. We held a pre-appointment hearing with Baroness Browning on 9 December 2014. Her curriculum vitae is appended to this Report.

6 Cabinet Office, Ministerial Code, May 2010

Appointment of the Chair of ACOBA 5

The hearing 9. Our aim during the hearing was to test Baroness Browning’s suitability for the post and her ability to demonstrate robust independence. We asked questions about her professional competence and personal independence. We also sought to elicit background information about her past career and about the selection process for the post. As Baroness Browning has been a Member of ACOBA since June 2014 we explored her work so far, including her thoughts on the future of ACOBA and the Triennial Review.

Conclusion 10. We are satisfied that Baroness Browning has the professional competence and personal independence required for the post of Chair of the Advisory Committee on Business Appointments as it is currently constituted.

6 Appointment of the Chair of ACOBA

Appendix: Baroness Angela Browning’s CV

Created Life Peer July 2010 Member of Parliament for Tiverton and Honiton 1992

Public Appointments Member Advisory Committee on Business Appointments, appointed June 2014 (Conservative Party) Electoral Commission 2010–2011

Advisor to the Department of Employment on Women’s Employment 1985–1992

Political Appointments –Minister of State Home 2011. Responsible for Crime Reduction and Anti- Social Behaviour including Drug and Alcohol Policy, Knife Crime, Football Violence, Mass Fatalities and Metal Theft. Deputy Chair of the Conservative Party 2005–2007. Responsible for Organisation and Campaigning including all professional staff in the field (responsible for campaign staff management).

Member Public Accounts Committee 2004–2006 and 2007–2010

Member Standard and Privileges Committee 2004–2006 Vice Chairman of the Conservative Party 2001–2003

Shadow Leader of the House 2000–2002

Shadow Secretary of State for Trade and Industry 1999–2000

Shadow Spokesman for Education and Disability 1997–1998 Ministry of Agriculture Fisheries and Disability 1997–1998

Ministry of Agriculture Fisheries and Food 1994–1997. Parliamentary Secretary with responsibility for Animal Welfare, Animal Health, Veterinary Sciences and the Food Industry.

Government Co-Chairman of the Women’s National Commission 1995–1997 Political Private Secretary to Michael Forsyth, Minister for Employment 1993–1994

Appointment of the Chair of ACOBA 7

Non Political Career Self Employed Management Consultant 1985–1992 (Specialising in corporate communications and training)

Sales and Training Manager–GEC Hotpoint 1975–1987

Director and Company Secretary of the Small Business Bureau 1985–94

Chair Women into Business 1988–92 Vice President and Fellow of the Institute for Sales and Marketing Management 1990–2010

Education Westwood Grammar School

Reading College of Technology (Thames Valley University)

Bournemouth College of Technology

Charities Vice President of the National Autistic Society

Patron Research Autism

Vice President Alzheimer’s Society

8 Appointment of the Chair of ACOBA

Formal Minutes

Tuesday 9 December 2014

Members present:

Mr Bernard Jenkin, in the Chair

Mr Nigel Evans Kelvin Hopkins Mrs Cheryl Gillan Mr Andrew Turner Paul Flynn

Draft Report (Appointment of the Chair of the Advisory Committee on Business Appointments), proposed by the Chair, brought up and read.

Ordered, That the draft Report be read a second time, paragraph by paragraph.

Paragraphs 1 to 10 read and agreed to.

Appendix agreed to.

Question put, That the Report be the Second Report of the Committee to the House.

The Committee divided. Ayes, 4 Noes, 1 Mr Nigel Eva ns Paul Flynn Mrs Cheryl Gillan Kelvin Hopkins Mr Andrew Turner

Ordered, That the Chair make the Report to the House.

Ordered, That embargoed copies of the Report be made available (Standing Order No. 134).

[Adjourned till 16 December at 4.15 pm

Appointment of the Chair of ACOBA 9

Witness

The following witness gave evidence. The transcripts can be viewed on the inquiry page.

Tuesday 9 December 2014 Question number

Baroness Browning, the Government’s preferred candidate for the post of Chair of the Advisory Committee on Business Appointments Q1-51

10 Appointment of the Chair of ACOBA

List of Reports from the Committee during the current Parliament

All publications from the Committee are available on the Committee’s website at www.parliament.uk/pasc. The reference number of the Government’s response to each Report is printed in brackets after the HC printing number.

Session 2014–15 First Report Who’s accountable? Relationships between HC 110 Government and arm’s-length bodies

First Special Report Business Appointment Rules: Government Response to HC 563 the Committee's Third Report of Session 2012-13

Second Special Report Too soon to scrap the Census: Government and UK HC 601 Statistics Authority Responses to the Committee's Fifteenth Report of Session 2013–14 Third Special Report More Complaints Please! and Time for a People's HC 618 Ombudsman Service: Government Responses to the Committee's Twelfth and Fourteenth Reports of Session 2013-14 Fourth Special Report Caught red-handed: Why we can’t count on Police HC 645 Recorded Crime statistics: UK Statistics Authority Response to the Committee’s Thirteenth Report of Session 2013-14 Fifth Special Report Statistics and Open Data: Government Response to the HC 620 Committee’s Tenth Report of Session 2013-14

Session 2013–14 First Report Communicating statistics: not just true but also fair HC 190 (HC 573) Second Report Public engagement in policy-making HC 75 (HC 986) Third Report The role of the Charity Commission and “public HC 76 (HC 927) benefit”: Post-Legislative scrutiny of the Charities Act 2006 Fourth Report Engaging the public in National Strategy HC 435 Fifth Report Appointment of the Chair of the Committee on HC 516 Standards in Public Life Sixth Report Government Procurement HC 123 (HC 105) Seventh Report Migration Statistics HC 523 Eighth Report Truth to Power: how Civil Service reform can succeed HC 74 (HC 955) Ninth Report Latest proposals for ministerial involvement in HC 1041 permanent secretary appointments: PASC’s recommendations Tenth Report Statistics and Open Data: Harvesting unused HC 564 knowledge, empowering citizens and improving public services

Appointment of the Chair of ACOBA 11

Eleventh Report The failure of the Cabinet Office to respond to our HC 1156 Report on the Business Appointment Rules Twelfth Report More complaints please! HC 229 Thirteenth Report Caught red-handed: Why we can't count on Police HC 760 (Cm 8910) Recorded Crime statistics Fourteenth Report Time for a People’s Ombudsman Service HC 655 Fifteenth Report Too soon to scrap the census HC 1090 First Special Report Public Trust in Government Statistics: A review of the HC 77 operation of the Statistics and Registration Service Act 2007: Government and UK Statistics Authority Responses to the Committee’s Ninth Report of Session 2012–13 Second Special Report Special advisers in the thick of it: Government Response HC 515 to the Committee’s Sixth Report of Session 2012–13

Session 2012–13 First Report The Big Society: Further Report with the Government HC 98 Response to the Committee’s Seventeenth Report of Session 2010–12 Second Report The Honours System HC 19 Third Report Business Appointment Rules HC 404 Fourth Report Appointment of the Chair of the Charity Commission HC 315-I Fifth Report End of term report: 2011–12 HC 316 Sixth Report Special advisers in the thick of it HC 134 Seventh Report The Honours System: Further Report with the HC 728 Government Response to the Committee’s Second Report of Session 2012–13 Eighth Report The Role of the Cabinet Secretary and the Resignation HC 864 (HC 968) of the Chief Whip Ninth Report Public Trust in Government Statistics, A review of the HC 406 (HC 77) operation of the Statistics and Registration Service Act 2007 First Special Report Public Appointments: regulation, recruitment and pay: HC 18 Government Response to the Committee’s Fourteenth Report of Session 2010–12 Second Special Report Leadership of change: new arrangements for the roles HC 313 of the Head of the Civil Service and the Cabinet Secretary: Further Report: Government Response to the Committee’s Twenty Third Report of Session 2010–12 Third Special Report Strategic thinking in Government: without National HC 573 Strategy, can viable Government strategy emerge? Government Response to the Committee’s Twenty Fourth Report of Session 2010–12 Fourth Special Report The role of the Cabinet Secretary and the Resignation HC 968 of the Chief Whip: Government Response to the Committee’s Eights Report of Session 2012–13 Fifth Special Report The Prime Minister’s Adviser on Ministers’ Interests: HC 976 independent or not? Government Response to t he Committee's Twenty Second Report of Session 2010–12

12 Appointment of the Chair of ACOBA

Session 2010–12 First Report Who does UK National Strategy? HC 435 (HC 713) Second Report Government Responses to the Committee’s Eighth and HC 150 Ninth Reports of Session 2009–10: Goats and Tsars: Ministerial and other appointments from outside Parliament and Too Many Ministers? Third Report Equitable Life HC 485 (Cm 7960) Fourth Report Pre-appointment hearing for the dual post of First Civil HC 601 Service Commissioner and Commissioner for Public Appointments Fifth Report Smaller Government: Shrinking the Quango State HC 537 (Cm 8044) Sixth Report Who does UK National Strategy HC 713 Seventh Report Smaller Government: What do Ministers do? HC 530 Eighth Report Cabinet Manual HC 900 Ninth Report Pre-appointment hearing for the post of Parliamentary HC 1220 and Health Service Ombudsman Tenth Report Remuneration of the Parliamentary and Health Service HC 1350 Ombudsman Eleventh Report Good Governance and Civil Reform: ‘End of Term’ HC 901 Report on Whitehall plans for structural reform Twelfth Report Government and IT–“a recipe for rip-offs”: time for a HC 715 new approach Thirteenth Report Change in Government: the agenda for leadership HC 714 Fourteenth Report Public Appointments: regulation, recruitment and pay HC 1389 Fifteenth Report Smaller Government: What do Ministers do? Further HC 1540 Report with the Government Response to the Committee’s Seventh Report of Session 2010–12 Sixteenth Report Appointment of the Chair of the UK Statistics Authority HC 910 Seventeenth Report The Big Society HC 902 Eighteenth Report Change in Government: the agenda for leadership. HC 1746 Further Report Nineteenth Report Leadership of change: new arrangements for the roles HC 1582 of the Head of the Civil Service and the Cabinet Secretary Twentieth Report Government and IT–“a recipe for rip-offs”: time for a HC 1724 new approach. Further Report Twenty-first Report Future oversight of administrative justice: the proposed HC 1621 abolition of the Administrative Justice and Tribunals Council Twenty-second Report The Prime Minister’s adviser on Ministers’ interests: HC 1621 independent or not? Twenty-third Report Leadership of change: new arrangements for the roles HC 1914 of the Head of the Civil Service and the Cabinet Secretary. Further Report Twenty-fourth Report Strategic thinking in Government: without National HC 1625 Strategy, can viable Government strategy emerge?