Question to the Cabinet Office:

To ask His Majesty's Government, further to the Written Answer by Baroness Anderson of Stoke-on-Trent on 3 March (HL14499), and further to the Statement by Baroness Anderson of Stoke-on-Trent on 2 June (HL Deb col 756), what the terms are for the review of the use of non-corporate communications channels and, if they are not yet available, when they will be published.

The Terms of Reference for the Independent Review of Non-Corporate Communications Channels were published in full on 2 June on the Government website and are reproduced here for the benefit of their Lordships’ House:

TERMS OF REFERENCE FOR AN INDEPENDENT REVIEW INTO THE USE OF NON-CORPORATE COMMUNICATION CHANNELS IN THE UK GOVERNMENT

Purpose of Review

1. To examine the use of ‘non-corporate communications channels’ (NCCCs) within the UK government.

2. To consider the behavioural, organisational, legal, and technological factors affecting the use of NCCCs.

3. To make practical recommendations concerning NCCC use with the aim of improving the quality, security, propriety, effectiveness, and efficiency of government decision-making and record-keeping.

Background

The current lack of clarity on the use of NCCCs within Government raises concerns about information security practices, transparency and record keeping. These concerns engage with the Government’s legal obligations and standards of conduct.

Scope & Definition

The communication behaviours and practices of all UK Ministers, Special Advisers and Civil Servants concerning Government business are within scope, as are the related behavioural, organisational, legal, and technological factors. Where appropriate, this will include communications with wider public sector officials, although the communications of local government and other public sector bodies are generally out of scope. The review will provide a formal definition of NCCCs. However, for the purposes of these Terms of Reference, NCCCs are defined as any means of communication (generally, but not exclusively, textual) not provided for by HMG, and that might be personally owned, externally hosted or managed.

● The review is to gather and consider evidence of actual NCCC practice, including but not restricted to:

○ patterns of use, misuse and abuse, at all levels

○ communications with external partners (domestic and international)

○ crisis communications

○ record creation, retention, deletion and disclosure, including the use of auto-deletion features

○ assessment of the quality and provision of guidance and training

○ threats posed to the security and integrity of Government communications, including interception or device compromise by hostile actors and risks arising from the jurisdiction in which platform data is held

● The review should consider the following in making its recommendations:

○ how to reduce the risk of data loss and data leaks through the use of NCCCs

○ the incentives and disincentives to good behaviour (e.g: discipline, Codes of Conduct, etc.)

○ the communications channels that are available on official systems and the impact on the use of NCCCs as alternatives

○ any necessary changes to the policy and accountability framework for NCCCs and information security

○ options for improving guidance and training on NCCCs and information security ○ how to preserve the legitimate operational benefits of fast, informal communication whilst managing the associated risks

○ the likely impact of recommendations on the efficiency and effectiveness of government business

○ the views of the Information Commissioner and the Keeper of Public Records.

Leadership and Governance

This is to be an independent review, conducted by a qualified senior public figure supported by a small team of serving officials. The lead reviewer will make a written report of their findings and recommendations to the Chancellor of the Duchy of Lancaster and the Security Minister jointly, copying the Prime Minister.

Timings

The reviewer will report in early 2027. The Government will publish the Review’s findings and present the Government’s response to Parliament in due course thereafter.

Method

This will be determined by the lead reviewer, but the review team will be expected to make use of previous reviews and studies, the technical literature, structured interviews, data analysis, observational studies, surveys in preparing their findings and recommendations. The review will also consider suitable international comparators and models of best practice drawn from other corporate settings. The review will be informed and, as appropriate, illustrated by specific examples of NCCC use.