Advisory Committee on Business Appointments

Lord Wallace of Saltaire Excerpts

Monday 10th September 2018 Lords Chamber

[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.

[Lord Wallace of Saltaire (LD)]

My Lords, the Ministerial Code clearly states that,

“Former Ministers must ensure that no new appointments are announced, or taken up, before the Committee has been able to provide its advice”.


It goes on to say,

“Former Ministers must abide by the advice of the Committee which will be published by the Committee when a role is announced or taken up”.


Of course, there is a minimum three-month waiting period on resignation. Boris Johnson breached all these elements of the Ministerial Code, which explains the very strong tone of this letter. Should there not be some comeback when Ministers who have signed the Ministerial Code breach it within days of leaving office?

[Lord Young of Cookham]

The noble Lord refers quite rightly to the stern rebuke from my noble friend in her letter to the Foreign Secretary:

“The Committee considers it to be unacceptable that you signed a contract with The Telegraph and your appointment was announced before you had sought and obtained advice from the Committee, as was incumbent on you on leaving office”.

The former Foreign Secretary should not have treated with such insouciance the rules, which had been brought to his attention and which he acknowledged he had read as recently as January this year. I am not an apologist for the former Foreign Secretary—that requires a portfolio of skills that I do not have. However, in his defence, the rules are designed to prevent a Minister, using the knowledge he acquires and the relationships he develops in the department, from rolling the pitch for a lucrative job subsequently in a related organisation. In the case of the former Foreign Secretary, after two years he reverted back to a career in journalism, a career for which his qualities are perhaps better suited. Therefore, while I do not in any way undermine the seriousness of his offence, what he did was not quite the revolving door that one normally sees—and the revolving door ended up with him back where he started.