Advisory Committee on Business Appointments Fourteenth Annual Report 2012-2013 0 ADVISORY COMMITTEE ON BUSINESS APPOINTMENTS 13 December 2013 FOURTEENTH ANNUAL REPORT This letter accompanies the fourteenth report of the Advisory Committee on Business Appointments, covering the period from 1 April 2012 to 31 March 2013. The reporting period saw a remarkable increase in the number of applications received, with the Committee considering a total of 172 appointments (compared to 82 in the previous reporting year). This is an increase of 110%, and appears to be attributable to a range of factors. The Government reshuffle in September 2012 led to a total of 48 appointments of former Ministers during the reporting period (an increase of almost 100% from 2011-12) and will have resulted in a proportionate increase in applications from former special advisers. No applications from former Ministers were considered to be unsuitable. The Committee also advised on an unusually large number of applications from Crown servants, with 108 applications altogether (for a total of 124 appointments). This volume of applications can be put down to the ongoing reductions in spending across Whitehall and within the armed forces; the effect of the rules which came into effect from 2011 – requiring applications for both paid and unpaid appointments; and what appears to be an increasing tendency for Crown servants to take up new appointments after retiring from full-time public service. As with Ministers, no applications from former Crown servants were considered to be unsuitable. Despite the increase in its workload, the Committee and its secretariat has been able to improve significantly, and with no loss of thoroughness, the efficiency with which it deals with applications – responding to 87% of applications from both former Ministers and Crown servants within its targets (compared with 77% during the last reporting period). During this reporting year, the Committee continued to meet regularly to discuss our work and to ensure that our approach remained consistent. We will, of course, keep under consideration what more we can do further to improve our procedures and processes. The Committee continues to work with Government Departments to ensure consistency of approach and procedures across government in the handling of cases at all levels. The Committee remains mindful of the view of successive Governments that, whilst it is in the public interest that both Ministers and Crown servants should be able to move into posts within the private sector and elsewhere, it is also important that there is no cause for suspicion of impropriety in an appointment. Within 1 the limited remit given to it, the Committee takes an independent and careful approach when considering individual applications in order to balance this with the rights of individuals to move into employment without obstacle. This will be the last report published by the Committee before I step down as Chairman in March 2014 at the end of my five-year term. I would like to take this opportunity to highlight, in particular, the steps we have taken in recent years to ensure that our work is as transparent as possible, whilst recognising that we need to protect the confidentiality of the personal information we hold on applicants. In each case we consider, we now publish our advice and its basis in the fullest possible terms – when an appointment has been announced or taken up - on our website and in our Annual Reports; and encourage Government Departments to do the same. This should reduce the risk of any misunderstanding or misrepresentation of individual applications and our advice on them. Lord Lang of Monkton DL 2 CONTENTS Part 1: The Committee 4 Part 2: Ministers 8 Part 3: Civil Servants 10 Part 4: The Committee’s Approach 13 Part 5: Appointments 15 ANNEXES Annex A: New Business Appointment Rules for former Ministers 20 Annex B: Advice given on Appointments taken up by former Ministers 23 Annex C: New Business Appointment Rules for Civil Servants 44 Annex D: Recommendations on Appointments taken up by former Crown servants 52 3 PART 1 – THE COMMITTEE 1. The Advisory Committee on Business of Lords Select Committee on the Constitution Appointments was established by the Prime from 2002 to 2007 and has served on the Minister in 1975. It is an independent, Committee once again since 2012. advisory, non-departmental public body. 5. The other members of the Committee are: Mark Addison, independent member MEMBERS Sir Colin Budd, independent member Lord (Navnit) Dholakia, Liberal Democrat member 2. The Committee began the reporting year with Mary Jo Jacobi, independent member six members, with two new members joining Lord (Gus) Macdonald of Tradeston, in May 20121. Three members are nominated Labour member by the main political parties and the remaining Sir Hugh Stevenson, independent five are independent members. The member independent members, appointed by the Lord (Michael) Walker of Aldringham, Prime Minister, have experience at a high independent member level in the civil service, the diplomatic service, the armed forces and in business. All Mark Addison joined the Civil members are appointed for a single non- Service in 1978 and worked in a renewable term of five years. number of central Government departments in a range of 3. The two new members – Mark Addison and operational and policy roles. He was Mary Jo Jacobi - have been appointed for 5 the Chief Executive of the Crown year non-renewable terms. Prosecution Service (1998-2001) and held various senior positions in the Department for 4. The Chairman of the Committee is Lord Lang Environment Food and Rural Affairs (2001-2006). of Monkton, the Conservative Party member. After leaving the Civil Service in 2006 Mark took on Ian Lang served as the Conservative a number of portfolio roles. He was a Civil Service MP for Galloway from 1979 to Commissioner (2007-2012) and was the First Civil 1983, and for Galloway and Upper Service Commissioner and Commissioner for Public Nithsdale from 1983 to 1997. He Appointments on an interim basis from 1 January joined the Cabinet as Secretary of to 31 March 2011. He was a Non-Executive State for Scotland in 1990, a post he Director of Salix Finance Ltd (2006-11) and at the held until becoming President of the Board of National Archives (2007-2012). He has been a Trade in 1995. After leaving Government in 1997, Visiting Professor at the Cass Business School and he was made a life peer. Since then he has held a a Member of Council at the Consumers’ number of non-executive business appointments. Association since 2010. He is also currently a He is currently Chairman of Marsh & McLennan Public Appointments Assessor for the Companies Inc and a Non-Executive Director of Commissioner for Public Appointments and has Charlemagne Capital Ltd. He served on the House been the Chair of the Nursing and Midwifery Council since September 2012. 1 The full complement is eight members. 4 Colin Budd joined the Diplomatic Gus Macdonald was a broadcaster Service in 1967. During his career he and businessman before his served in Warsaw, Islamabad, The elevation to the House of Lords and Hague and Bonn, including 2 years as appointment as Minister for Chef de Cabinet to the Vice- Business and Industry at the Scottish President of the European Office in 1998. Subsequent posts were Minister for Commission. In the UK he was Private Secretary to Transport (1999-2001) and Minister for the two Cabinet Ministers and chaired the Joint Cabinet Office and Chancellor of the Duchy of Intelligence Committee (1996 to 1997). After four Lancaster (2001-2003). He is an adviser to years as Deputy Under Secretary of State (Europe Macquarie Infrastructure Real Assets and a board and Economic) at the Foreign and Commonwealth member of Scottish Power. Office, he spent five years as HM Ambassador to The Netherlands before retiring in 2005. He was a Member of the Commission for Racial Equality Mary Jo Jacobi has held senior (2006-2007). He is currently a member of the QC roles in the banking and financial Selection Panel and on the Board of the London services industry at HSBC (1993- School of Economics’ IDEAS centre for the study of 2000), Lehman Brothers (2000- international affairs 2001) and Drexel Burnham Lambert (1985-1990). She has also worked in the global oil and gas industry, notably After spending his early years in as Vice President, Group External Affairs at Royal Tanzania and India, Navnit Dutch Shell (2001-2005) and as Executive Vice Dholakia came to Britain to study President at BP America following the Gulf of in Brighton, where he became Mexico Oil Spill (2010-2011). She was also a Non- active in the Liberal Party. While Executive Director of Tate and Lyle plc (1998- Chair of Brighton Young Liberals, he was elected to 2004). Mary Jo was formerly an aide to President Brighton Borough Council (1961-1964). In 1966 he Ronald Reagan, joining his administration in 1981 became Development Officer for the National and serving as Special Assistant for Business Committee for Commonwealth Immigrants, and Liaison (1983-85). She resumed US Government ten years later he was appointed to the service when President George H W Bush Commission for Racial Equality. His interest in appointed her Assistant US Secretary of Commerce criminal justice and penal affairs is reflected in his (1992-1993). From 2005-2010 she was a Civil work with the Sussex Police Authority, the Police Service Commissioner in Great Britain. Currently, Complaints Authority, the Howard League for Mary Jo is a consultant on business strategy and Penal Reform and his current role as President of communications and is a Non-Executive Director of Nacro. He was made a life peer in 1997 and has Mulvaney Capital Management.