Advisory Committee on Business Appointments

Lord Hunt of Kings Heath Excerpts

Monday 10th September 2018 Lords Chamber

Asked by

[Lord Hunt of Kings Heath]

To ask Her Majesty’s Government what action they are taking to ensure that all former Ministers seek advice from the Advisory Committee on Business Appointments before taking up appointments within two years of leaving ministerial office.

[Lord Young of Cookham (Con)]

My Lords, the Ministerial Code was updated in January 2018 to underline the importance of the business appointment rules to both current and former Ministers, and reiterating the requirement to seek advice from the independent advisory committee before announcing or taking up any new appointments. In addition, the Minister for the Cabinet Office has recently written to ministerial colleagues reminding them of the importance of the rules in maintaining public confidence in the integrity of our public servants.

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[Lord Hunt of Kings Heath (Lab)]

My Lords, I am grateful to the Minister for that response but he will know that the committee so ably chaired by the noble Baroness, Lady Browning, is an advisory committee, not a statutory committee, and can impose no sanctions on any former Minister who does not seek the committee’s approval. Essentially, it remains as a code of honour. We should not be surprised, I suppose, that the latest transgressor of this system is Mr Boris Johnson, who perhaps seems to have a rather distant acquaintance with the notion of honour. When will the Government agree to make this a statutory committee and be able to impose sanctions in order to make the system work?

[Lord Young of Cookham]

I join the noble Lord in paying tribute to my noble friend Lady Browning, who chairs ACOBA. Until I read its annual report, I had not realised quite how much work it did—some 230 appointments in a year—or how complex some of the cases were. The noble Lord suggests that the system should be statutory. ACOBA has been non-statutory since it was established in 1975. I see two problems in making it statutory. First, it would be much more difficult to amend it and bring it up to date—it would become less flexible; at the moment it can be updated overnight. Secondly, if you make it statutory I suspect that decisions would take longer to deliver but, crucially, they would then be justiciable: they could be challenged in the courts. I think there is a real risk of crystallising a potential conflict between the rules of ACOBA and the common-law right that individuals have to earn a living in their own right.