House of Commons Public Administration and Constitutional Affairs Committee
Appointment of Lord Evans of Weardale as Chair of the Committee on Standards in Public Life
Twelfth Report of Session 2017–19
Report, together with formal minutes relating to the report
Ordered by the House of Commons to be printed 9 October 2018
HC 930 Published on 11 October 2018 by authority of the House of Commons Public Administration and Constitutional Affairs Committee The Public Administration and Constitutional Affairs 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; to consider matters relating to the quality and standards of administration provided by civil service departments, and other matters relating to the civil service; and to consider constitutional affairs.
Current membership Sir Bernard Jenkin MP (Conservative, Harwich and North Essex) (Chair) Ronnie Cowan MP (Scottish National Party, Inverclyde) Paul Flynn MP (Labour, Newport West) Mr Marcus Fysh MP (Conservative, Yeovil) Dame Cheryl Gillan MP (Conservative, Chesham and Amersham) Kelvin Hopkins MP (Independent, Luton North) Dr Rupa Huq MP (Labour, Ealing Central and Acton) Mr David Jones MP (Conservative, Clwyd West) Sandy Martin MP (Labour, Ipswich) David Morris MP (Conservative, Morecambe and Lunesdale) Tulip Siddiq MP (Labour, Hampstead and Kilburn)
Powers The committee is a select committee, the powers of which are set out in House of Commons Standing Orders, principally in SO No 146. These are available on the internet via www.parliament.uk.
Publication Committee reports are published on the Committee’s website at www.parliament.uk/pacac and in print by Order of the House. Evidence relating to this report is published on the inquiry publications page of the Committee’s website.
Committee staff The current staff of the Committee are Libby Kurien (Clerk), Dr Sarah Thatcher (Clerk), Ian Bradshaw (Second Clerk), Dr Patrick Thomas (Committee Specialist), Dr Philip Larkin (Committee Specialist), Makka Habre (Committee Specialist), Gabrielle Hill (Senior Committee Assistant), Iwona Hankin (Committee Assistant), and Mr Alex Paterson (Media Officer).
Contacts All correspondence should be addressed to the Clerk of the Public Administration and Constitutional Affairs Committee, House of Commons, London SW1A 0AA. The telephone number for general enquiries is 020 7219 3268; the Committee’s email address is [email protected]. Appointment of Lord Evans of Weardale as Chair of the Committee on Standards in Public Life 1
Contents
1 The Committee on Standards in Public Life 3 Origin and Terms of Reference 3 Previous Chairs 5 CSPL’s Recent work and priorities 5
2 Appointment of a new Chair 6 Lord Evans 7
3 The pre-appointment hearing 8
Appendix 1: Letter from Oliver Dowden MP to the Chair, 5 October 2018 10
Appendix 2: Lord Evans of Weardale’s Curriculum Vitae 11
Formal minutes 12
Witness 13
Published written evidence 13
List of Reports from the Committee during the current Parliament 14
Appointment of Lord Evans of Weardale as Chair of the Committee on Standards in Public Life 3
1 The Committee on Standards in Public Life 1. The Committee on Standards in Public Life (CSPL) is an advisory non-departmental public body sponsored and funded by the Cabinet Office. It defines its purpose as:
To examine areas of concern about the standards of conduct of public office holders, advise the Prime Minister accordingly, and to promote the highest standards of conduct across public life.1
2. The Committee has eight Members. A chair and four independent members are appointed by the Prime Minister following open competition for a non-renewable 5-year term. Three members are appointed on the recommendation of the leaders of the Conservative Party, the Labour Party and the Liberal Democrats for renewable three-year terms.2
3. The current membership is:
• Lord Bew – Chair
• Rt Hon Dame Margaret Beckett MP – Labour Member
• Simon Hart MP – Conservative Member
• Rt Hon Lord Stunell – Liberal Democrat Member
• Dr Jane Martin – Independent Member
• Dame Shirley Pearce – Independent Member
• Jane Ramsey – Independent Member
• Monisha Shah – Independent Member
Origin and Terms of Reference
4. The creation of the CSPL was announced in October 1994 by the then Prime Minister the Rt Hon John Major. He defined its terms of reference as:
To examine current concerns about standards of conduct of all holders of public office, including arrangements relating to financial and commercial activities, and make recommendations as to any changes in present arrangements which might be required to ensure the highest standards of propriety in public life.
For these purposes, public office should include: Ministers, civil servants and advisers; Members of Parliament and UK Members of the European Parliament; Members and senior officers of all non-departmental public bodies and of national health service bodies; non-ministerial office
1 Committee on Standards in Public Life “Annual Report: 2017–18”, p 1 2 Ibid, pp 16–20 includes biographies of all the current members 4 Appointment of Lord Evans of Weardale as Chair of the Committee on Standards in Public Life
holders; members and other senior officers of other bodies discharging publicly-funded functions; and elected members and senior officers of local authorities.3
5. The Committee’s first report in 1995 established the “Seven Principles of Public Life” (often referred to as the “Nolan Principles”) as:
• Selflessness: Holders of public office should act solely in terms of the public interest.
• Integrity: Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.
• Objectivity: Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.
• Accountability: Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.
• Openness: Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.
• Honesty: Holders of public office should be truthful.
• Leadership: Holders of public office should exhibit these principles in their own behaviour. They should actively promote and robustly support the principles and be willing to challenge poor behaviour wherever it occurs.4
6. In November 1997 the CSPL’s terms of reference were extended by the Rt Hon Tony Blair to include:
To review issues in relation to the funding of political parties, and to make recommendations as to any changes in present arrangements.5
7. In 2013 the terms of reference were further extended by the Coalition Government to cover:
… all those involved in the delivery of public services, not solely those appointed or elected to public office …6 [including] issues relating to the ethical standards of the delivery of public services by private and voluntary sector organisations, paid for by public funds …7
3 HC Deb, 25 October 1994, col 758 4 CSPL “The 7 Principles of Public Life” 5 HC Deb, 12 November 1997, col 889 6 HC Deb, 5 February 2013, 7WS 7 HL Deb, 24 February 2013, WA347 Appointment of Lord Evans of Weardale as Chair of the Committee on Standards in Public Life 5
Previous Chairs
8. There have been six permanent Chairs of the CSPL:
• Lord Nolan: November 1994 to November 1997
• Lord Neil of Bladen QC: November 1997 to February 2001
• Nigel Wicks: March 2001 to April 2004
• Alistair Graham: April 2004 to April 2007
• Christopher Kelly: January 2008 to March 2013
• Lord Bew: August 2013 to present
9. Rita (now Baroness) Donaghy and David Prince acted as interim Chairs between April and December 2008; and March and August 2013 respectively.8
CSPL’s Recent work and priorities
10. The CSPL defines its strategic objectives as follows:
• Identify areas of concern in terms of conduct and behaviours before they develop into activities which could lead to a breach of public trust;
• Undertake balanced, comprehensive reviews, based on robust and effective research. We will use the research gathered in these reviews to develop evidence- based, practical recommendations to help maintain or improve ethical standards across the public sector;
• We will make informed contributions to public debates about ethical standards, including submissions to public consultations and on-going reviews by Parliamentary committees;
• We will be alert, proactively identifying and responding to emerging ethical risks and engaging with a wide range of partners to develop the ethical standards agenda.9
11. In 2017–18 CSPL published reports on Intimidation in Public Life, MP’s Outside Interests and Ethical Standards for Public Service Providers.10 It has an ongoing inquiry into ethical standards in English local government.11
8 Lucinda Maer, “Committee on Standards in Public Life”, House of Commons Library, Briefing Paper 04888, 27 May 2015, p 8 9 CSPL, “Annual Report 2017–18” p 1 10 Ibid pp 5–6 11 Ibid p 6 6 Appointment of Lord Evans of Weardale as Chair of the Committee on Standards in Public Life
2 Appointment of a new Chair 12. The current chair of the CSPL, Lord Bew, was due to stand down on 31 August but has had his term extended until a new chair is appointed.12 The vacancy was advertised on 02 May 2018 and 01 June 2018 on the Centre for Public Appointments website.13 The Government defined the required competencies as follows:
• An understanding of, and personal commitment to, upholding the highest standards of public life in line with the seven principles set out by the Committee;
• Ability to lead a diverse team of influential people and a degree of judgement appropriate to leading a Committee which investigates and reports on sensitive and high-profile issues involving ethical standards in all areas of public life;
• The ability to command the confidence of Ministers, Parliament, senior government and private sector officials and the public; including the ability to effectively deliver difficult or unwelcome messages;
• Strong communication skills, including managing the media, and the ability to act as a spokesperson for the committee;
• Analytical ability and the experience and capacity to examine issues in a politically impartial way; and
• A familiarity with and understanding of the workings of government and Parliament.14
13. The Cabinet Office consulted the Committee on the draft job advertisement, as it is required to do.15 It, however, declined to add the requirement suggested by the Committee that the successful candidate be “able to influence the Government and other public institutions to make the changes necessary to improve standards of public life the Committee recommends”. It also refused to make explicit the need for a candidate to have relevant “experience to demonstrate the required competencies” and an invitation to apply to “individuals from groups who are currently under-represented in senior public appointments”.
14. On average the Chair is expected to commit to 5 to 6 days a month, although this may be significantly higher during high profile inquiries. A non-pensionable daily fee of £500 is payable for the time worked.16
12 PACAC Oral Evidence, Lord Bew, “Pre-appointment hearing: Chair of the House of Lords Appointment Commission” HC 1142, 6 September 2018, Q4 13 Centre for Public Appointments, “Chair, Committee on Standards in Public Life” [accessed 4/10/2018] 14 ibid 15 The Cabinet Office failed to consult in two other recent appointments to the Chair of the House of Lords Appointment Committee and the Registrar of Consultant Lobbyists, see PACAC, Oral Evidence, Oliver Dowden MP, “Pre-appointment hearings” HC 909, 3 July 2018 Qq 142–155; PACAC “Pre-appointment hearings: Promoting Best Practice” paras 68–69. 16 Centre for Public Appointments, “Chair, Committee on Standards in Public Life” Appointment of Lord Evans of Weardale as Chair of the Committee on Standards in Public Life 7
15. The assessment panel was chaired by Sir Gerry Grimstone and included Helen MacNamara (Director General, Propriety and Ethics at the Cabinet Office) and Sir Bernard Jenkin, the Chair of PACAC.17 Sir Bernard therefore took no part in either the Committee’s pre-appointment hearing with Lord Evans or the agreement of this report.
16. Sixteen applications were received. Six applicants defined themselves as female, one as disabled and one as being from a BAME background. Three candidates (two men and one woman) were shortlisted for interview, which took place on 11 September. The panel found Lord Evans (Baron Evans of Weardale) to be the only appointable candidate.18
17. The Minister for Implementation, Oliver Dowden MP, wrote to the Committee on 5 October to inform them that Lord Evans was the Government’s preferred candidate. The letter is attached at Appendix 1. The Committee’s staff were informed of the candidate’s name informally on Wednesday 3 October. The Cabinet Office’s guidance says that committees should be informed of the name of a preferred candidate “at least one week in advance” [emphasis added].19 This Committee recommended in its recent report on pre-appointment hearings that committees should be given at least two weeks’ notice of the preferred candidate’s name to allow for proper preparation prior to a meeting.20 The notification of the preferred candidate was similarly late in the recent appointment of the Registrar of Consultant Lobbyists.21
Lord Evans
18. Lord Evans is currently a non-executive director of the bank HSBC, the accounting and consultancy firm KPMG, and Ark Data Centres; and advisor to several security technology companies, as well as holding several voluntary positions.22 He is also an independent member of the Cabinet Office’s Parliamentary and Political Service Honours Committee and the George Cross Committee. The former committee scrutinises recommendations for UK honours for people for their parliamentary or political service.
19. From 2007 to 2013 Lord Evans was Director General of the Security Service (MI5). He originally joined the Security Service in 1980, becoming Director for International Terrorism in 2001 and then Deputy Director General in 2005. He was made a Life Peer on the recommendation of then Prime Minister the Rt Hon David Cameron in 2014 for Public Service. He sits as a crossbench (independent) Member of the House of Lords.
17 ibid 18 Letter from Oliver Dowden MP to the Chair, 5 October 2018, (attached at Appendix 1) 19 Cabinet Office, “Pre-appointment scrutiny by House of Commons Select Committees”, 2013, para 9 20 PACAC Tenth Report of Session 2017–19 “Pre-appointment hearings: promoting best practice”, HC 909, 17 September 2018, para 76 21 PACAC Eleventh Report of Session 2017–19, “Appointment of Mr Harry Rich as Registrar of Consultant Lobbyists” HC 1249, 17 September 2018, paras 12–14 22 His CV is at Appendix 2 8 Appointment of Lord Evans of Weardale as Chair of the Committee on Standards in Public Life
3 The pre-appointment hearing 20. The Committee held a pre-appointment hearing with Lord Evans on 9 October. Prior to the hearing the Cabinet Office provided us with Lord Evans’ CV (see Appendix 2). He also answered a written questionnaire provided to him by the Committee in advance.23
21. The questioning at the pre-appointment hearing focussed on his suitability for the role given his past experience, including his lack of experience of the wider public sector, his priorities for the CSPL, and addressing potential conflicts of interest. In evidence Lord Evans told us that he intended to resign from the Parliamentary and Political Services Honours Committee if he were appointed as Chair of the CSPL.24
22. Based on his evidence to us we are satisfied that Lord Evans is qualified and has the necessary personal integrity and independence to be the next Chair of the CSPL. However, we do not believe it is appropriate for the Chair of the CSPL also to be involved in the awarding of political honours given the potential for conflicts of interest. We therefore welcome his commitment to resign from the Parliamentary and Political Services Honours Committee before taking up the role of Chair of the CSPL. Our support for his appointment is contingent on his doing so.
23. The Cabinet Office has, once again, failed to give the Committee the minimum one week’s notice of the identity of a preferred candidate that the Cabinet Office’s own guidance requires. The Cabinet Office has also failed to give any reason for this delay, which is especially vexing given that applications for the post were closed at the beginning of June, and the date of 9 October for the pre-appointment hearing was agreed with the Department in July. The end date of the current Chair’s term of office, which should have been 31 August, has been known for five years.
24. This follows serious administrative failings in the recent appointments of the Chair of the House of Lords Appointments Commission and the Registrar of Consultant Lobbyists.
25. Such failings reduce the opportunity for the Committee to carry out its scrutiny of these important public appointments. This is unacceptable and raises wider concerns about the Cabinet Office’s competence in carrying out routine administrative business. We expect the Cabinet Office to provide us with an action plan as to how it intends to prevent these systematic failures from continuing. In the future, the Committee may invite the responsible senior officials to explain in person why further administrative failings have occurred.
26. Although we support Lord Evans as a qualified candidate for the role, we are concerned that he will be the seventh consecutive man appointed as permanent chair of the CSPL since its creation. We also note that all three preferred candidates we have seen in pre-appointment hearings in the past month have been white males, as have all the Cabinet Office’s preferred candidates seen by this Committee since the 2015 election.25 In our report on the appointment of the new chair of the House of Lords Appointment Commission we concluded that the diversity of senior public
23 Lord Evans (CSP0001) 24 Q12 25 Liaison Committee “Pre-appointment hearings held by select committees of the House of Commons July 2007— May 2018” [accessed 08/10/2018] Appointment of Lord Evans of Weardale as Chair of the Committee on Standards in Public Life 9
appointments made by Cabinet Office Ministers is an issue the Committee will keep under review.26 We expect Ministers to demonstrate that they are actively seeking to make appointments from the widest possible pool of candidates and increasing the diversity of the people appointed to senior public positions. In its response to this report we request an update from the Cabinet Office on the steps it is taking to achieve this, and its progress on public appointments that the Committee has not scrutinised in pre-appointment hearings.
26 PACAC Ninth Report of Session 2017–19, “Appointment of Lord Bew as Chair of the House of Lords Appointment Commission” HC 1142, 10 September 2018 10 Appointment of Lord Evans of Weardale as Chair of the Committee on Standards in Public Life
Appendix 1: Letter from Oliver Dowden MP to the Chair, 5 October 2018
Sir Bernard Jenkin MP Chair, Public Administration and Constitutional Affairs Committee House of Commons London SW1A 0AA
5 October 2018
Dear Sir Bernard,
As you will be aware, we have been working to identify and appoint a successor to Lord Bew to undertake the role of Chair of the Committee on Standards in Public Life (the CSPL). I would like to thank you personally for your support and participation in this campaign.
I am pleased to put forward the Government’s preferred candidate, Jonathan Evans, Lord Evans of Weardale, for pre-appointment scrutiny. Lord Evans is a crossbench peer and a former Director General of the UK Security Service. He has demonstrated all the skills necessary for this sensitive post, including the highest integrity and an understanding of the issue of standards in public life.
The role of Chair of the CSPL was advertised between 2 May and 1 June 2018 on the Centre for Public Appointments website. Sixteen applications were received for this position. Six applicants declared as female, one as disabled and one as BAME. The panel was chaired throughout the process by Sir Gerry Grimstone. Three candidates (two men and one woman) were shortlisted for interview, which took place on 11 September. The panel found Lord Evans to be the only appointable candidate.
I understand that my officials have provided the Committee with the candidate pack, Lord Evans’ CV and his completed questionnaire under separate cover.
Oliver Dowden CBE MP Appointment of Lord Evans of Weardale as Chair of the Committee on Standards in Public Life 11
Appendix 2: Lord Evans of Weardale’s Curriculum Vitae
Jonathan Douglas Evans (Lord Evans of Weardale) Employment History:
Current: Non Executive Director, HSBC Holdings PLC (since 2013) Independent Non Executive, KPMG LLP (since 2017)
Non Executive Director, Ark Data Centres Ltd (since 2015) Advisor, Darktrace Ltd (since 2013)
Advisor, Facewatch Ltd (since 2014) Advisor, Blackdot Solutions Ltd (since 2015)
Advisor, Luminance Technologies Ltd (since 2017) Advisor: Fluid IT Ltd (non-remunerated)
2013–2015: Senior Associate: Accenture (part time)
1980–2013: UK Security Service (MI5), including Director General 2007–13
Other Activities:
2013- Member, Council of Reference, Westminster Abbey Institute
2013- Senior Associate Fellow, RUSI
2013- Honorary Professor, St Andrew’s University
2014- Trustee and Governor, Skinners’ Kent Academy Trust
2014- Cross Bench Peer, House of Lords
2015- Deputy Lieutenant, Kent
2016- Member of the Political and Parliamentary Honours Committee
2016- Chairman, Kent Search and Rescue (charity)
2017- Member of the George Cross Committee.
Education: Bristol University: BA (Hons) Classical Studies, 1980.
Sevenoaks School: 3 “A” Levels: English, French, Classical Civilisation.
Institute of Directors: Certificate in Company Direction, 2006.
Other: KCB 2013
Further interests disclosed in Register of Member Interests, House of Lords. 12 Appointment of Lord Evans of Weardale as Chair of the Committee on Standards in Public Life
Formal minutes
Tuesday 09 October 2018
Members Present
Ronnie Cowan Dr Rupa Huq Mr Marcus Fysh Mr David Jones Kelvin Hopkins In the absence of the Chair, Mr David Jones was called to the chair.
Draft Report Appointment( of Lord Evans of Weardale as Chair of the Committee on Standards in Public Life), proposed by Mr David Jones, brought up and read.
Ordered, That the draft Report be read a second time, paragraph by paragraph.
Paragraph 1 to 26 read, and agreed to.
The letter from Oliver Dowden MP, dated 5 October 2018, was appended to the report.
Lord Evans of Weardale’s Curriculum Vitae, was appended to the report.
Resolved, That the Report be the Twelfth Report of the Committee to the House.
Ordered, That Mr David Jones make the Report to the House.
Ordered, That embargoed copies of the Report be made available (Standing Order No. 134).
[Adjourned till Tuesday 16 October at 09.30am Appointment of Lord Evans of Weardale as Chair of the Committee on Standards in Public Life 13
Witness The following witnesses gave evidence. Transcripts can be viewed on the inquiry publications page of the Committee’s website.
Tuesday 13 September 2018
Lord Evans Q1–30
Published written evidence The following written evidence was received and can be viewed on the inquiry publications page of the Committee’s website. 1 Lord Evans (CSP0001) 14 Appointment of Lord Evans of Weardale as Chair of the Committee on Standards in Public Life
List of Reports from the Committee during the current Parliament All publications from the Committee are available on the publications page of the Committee’s website. The reference number of the Government’s response to each Report is printed in brackets after the HC printing number.
Session 2017–19
First Report Devolution and Exiting the EU and Clause 11 of HC 484 the European Union (Withdrawal) Bill: Issues for Consideration Second Report Parliamentary Boundary Reviews: What Next? HC 559 (HC 1072) Third Report PHSO Annual Scrutiny 2016–17 HC 492 (HC 1479) Fourth Report Ensuring Proper Process for Key Government Decisions: HC 854 Lessons Still to be Learned from the Chilcot Report (HC 1555) Fifth Report The Minister and the Official: The Fulcrum of Whitehall HC 497 Effectiveness Sixth Report Accounting for Democracy Revisited: The Government HC 1197 Response and Proposed Review Seventh Report After Carillion: Public sector outsourcing and HC 748 contracting Eighth Report Devolution and Exiting the EU: reconciling differences HC 1485 and building strong relationships (HC 1574) Ninth Report Appointment of Lord Bew as Chair of the House of HC 1142 Lords Appointments Commission Tenth Report Pre-Appointment Hearings: Promoting Best Practice HC 909 Eleventh Report Appointment of Mr Harry Rich as Registrar of HC 1249 Consultant Lobbyists First Special Report Will the NHS never learn? Follow-up to PHSO report HC 441 ‘Learning from Mistakes’ on the NHS in England: Government Response to the Committee’s Seventh Report of Session 2016–17 Second Special Report The Future of the Union, part two: Inter-institutional HC 442 relations in the UK: Government Response to the Sixth Report from the Committee, Session 2016–17 Third Special Report Lessons still to be learned from the Chilcot inquiry: HC 708 Government Response to the Committee’s Tenth Report of Session 2016–17 Fourth Special Report Government Response to the Committee’s Thirteenth HC 731 Report of Session 2016–7: Managing Ministers’ and officials’ conflicts of interest: time for clearer values, principles and action Appointment of Lord Evans of Weardale as Chair of the Committee on Standards in Public Life 15
Fifth Special Report Parliamentary Boundary Reviews: What Next?: HC 1072 Government Response to the Committee’s Second Report Sixth Special Report PHSO Annual Scrutiny 2016–17: Government and PHSO HC 1479 Response to the Committee’s Third Report Seventh Special Report Ensuring Proper Process for Key Government Decisions: HC 1555 Lessons Still to be Learned from the Chilcot Report: Government Response to the Committee’s Fourth Report Eighth Special Report Government Response to the Committee’s Eighth HC 1574 Report: Devolution and Exiting the EU: reconciling differences and building strong relationships