Civil Service Code: Prima Facie Breach

Monday 3rd July 2023 Written Statements

[The Minister for the Cabinet Office and Paymaster General (Jeremy Quin)]

On 6 March 2023, I explained in reply to an urgent question from my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) that the Cabinet Office was looking into the circumstances leading to the resignation of Ms Sue Gray, the former second permanent secretary for the Union and the constitution. My right hon. Friend the Chancellor of the Duchy of Lancaster set out further information in a written statement on 2 May and a commitment was made to update the House again in due course.

The civil service code sets out the four core values of the civil service:

Integrity—putting the obligations of public service above your own personal interests;

Honesty—being truthful and open;

Objectivity—basing your advice and decisions on rigorous analysis of the evidence; and

Impartiality—acting solely according to the merits of the case and serving equally well Governments of different political persuasions. The political impartiality section states, “you must...act in a way which deserves and retains the confidence of Ministers”.

Section 4.4.9 of the civil service management code sets out that all members of the senior civil service are in the “politically restricted” category, which places further restrictions on their political activity.

In addition, the guidance on the declaration and management of interests for civil servants, which is enshrined in departmental HR policies, sets out that individuals must declare all relevant outside interests to their line manager as soon as they arise. The policy advises that individuals should err on the side of caution when considering what to declare,

“but the onus is on the individual to consider what might be relevant and declare it”.

The Prime Minister has now received and accepted the advice of the independent Advisory Committee on Business Appointments (ACOBA) in relation to Sue Gray’s appointment, and the final conditions letter has been published on ACOBA’s website. The Government expect all parties to abide by the conditions set out in the letter.

ACOBA’s final conditions letter sets out a timeline with regard to the contact Ms Gray had with the Opposition. It records that Ms Gray first spoke to the Leader of the Opposition in late October. This was approximately four months before she resigned from the civil service. The letter from ACOBA also states that

“she had subsequent brief informal conversations...where she was updated on their developing plans”.

She did not inform Ministers or the civil service of these interactions at any point prior to her resignation.

It is right that we maintain the principle of confidentiality with respect to individual personnel matters. However, I am sure the House will agree with me that the facts in this case, when compared to the rules and guidance in place for civil servants, speak for themselves, and that there is a public interest in ensuring that the civil service code is adhered to.

Given the exceptional nature of this case and the previous commitment by Ministers to update the House, I can now confirm that the Cabinet Office process looking into the circumstances leading up to Ms Gray’s resignation has been concluded. As part of the process, Ms Gray was given the opportunity to make representations but chose not to do so. This process, led by the civil service, found that the civil service code was prima facie broken as a result of the undeclared contact between Ms Gray and the Leader of the Opposition.

The rules and guidance that govern the conduct of civil servants are clear and transparent. It is deeply unfortunate that events have transpired in this way. However, regardless of the details of this specific situation, I remain confident in the impartiality of our civil service and would like to take this opportunity to reiterate that it is the responsibility of everyone in this House to preserve and support this impartiality.

[HCWS900]