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 Nigel Evans MP (Conservative, Ribble Valley) Paul Flynn MP (Labour, Newport West) Mrs Cheryl Gillan MP (Conservative, Chesham and Amersham) 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 5 (also known as the ‘Business Appointment Rules’) to very senior Crown servants. The 1 Cabinet Office, 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 Foreign Secretary 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 special adviser. 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 House of Lords 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 Home Office–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.