Select Committee on Foreign Affairs Written Evidence


Further memorandum submitted by the Foreign and Commonwealth Office

GUIDANCE TO POSTS

Letter to the Parliamentary Relations and Devolution Department, Foreign and Commonwealth Office, from the Clerk of the Committee, 3 March 2003

  In recommendation "ff" of its Report on the FCO Annual Report 2002[3], the Foreign Affairs Committee asked the Government to issue detailed guidance to its diplomats on how they should respond to requests from ministers that they should draft letters of support for companies seeking contracts abroad, when those companies are declared donors to a British political party.

  In your letter to me of 18 October 2002 (published at page Ev 91 of the Report) you stated that the existing general guidelines from London provide a framework, that where there are grounds for concern or areas of uncertainty, only consultation with London can establish what would be appropriate, and that Ministers had therefore concluded that additional guidance would not materially help Posts. You enclosed with your letter a copy of Sir Michael Jay's telegram of 18 February 2002, and an extract from BTI Guidelines dated December 1999. In its response to the Report[4], the Government reaffirmed that "Guidance exists to cover situations where [civil servants] are asked to act in a way that is, or which they believe may be, inconsistent with their duty of impartiality." It is not clear from the response exactly which "guidance" is being referred to at that point.

  The Committee wishes to receive copies of all guidance issued to members of the diplomatic service which may be relevant to the question of how they should respond to requests from ministers that they should draft letters of support for companies seeking contracts abroad, when those companies are declared donors to a British political party. The Committee also wishes to receive a fuller explanation of why Ministers decided not to issue specific guidance on how to deal with such circumstances, when previous statements to the Committee had suggested that such guidance would be issued.

Clerk of the Committee

March 2003


Letter to the Clerk of the Committee from the Parliamentary Relations and Devolution Department, Foreign and Commonwealth Office, 25 March 2003

  Thank you for your letter of 3 March seeking further information in response to recommendation "ff" of the Committee's Report on the FCO Annual Report 2002. This related to guidance to diplomats on how they should respond to requests from Ministers to draft letters of support for companies seeking contracts abroad, when those companies are declared donors to a British political party.

  The Committee asked to receive copies of all guidance issued to members of the Diplomatic Service that may be relevant to this question. The Committee has already received a copy of the telegram issued by Michael Jay on 18 February 2002 and the relevant extract from the BTI guidelines. Further material relates to guidance on the general duties, responsibilities, values and standards of Civil Servants and members of the Diplomatic Service. I attach relevant extracts from the Diplomatic Service Code and Regulations. These include guidance on action where an individual is asked to act in a way which they believe is inconsistent with their duty of impartiality.

  The Committee also wished to receive a fuller explanation of why Ministers decided not to issue specific guidance on this matter. Consideration was given to whether further guidance would be helpful in clarifying the circumstances in which support should be offered to companies. The conclusion was that it would not. In an increasingly complex trade and investment environment whether there is a benefit to the UK from lending diplomatic support to a particular company, is a matter of judgement. In most cases the question of whether there is sufficient benefit to the UK will be self-evident and no further guidance is necessary. In a small number of cases at the margins, the issue will be less clear-cut, but the view was taken that it would be difficult to produce useful guidance to cover the very varied nature of such cases. That the existing material was in the form of "guidelines" rather than "rules" is itself indicative of the need for a flexible approach. Michael Jay's telegram of 18 February reminded Heads of Posts of the importance of consultation with London where appropriate. Against this background it was decided that no change should be made to the existing guidance.

Parliamentary Relations & Devolution Department,

Foreign and Commonwealth Office

March 2003

EXTRACT FROM DIPLOMATIC SERVICE REGULATIONS

General Principles of Conduct

  6.1  You are expected at all times to respect the law of the land. Against that background the following general principles govern your conduct as a member of the Diplomatic Service:

    (a)  you must give your individual allegiance to the State on all occasions when the State has a claim on your services;

    (b)  you must not subordinate your duty to your private interests, not put yourself in a position where your duty and your private interests conflict;

    (c)  you must not use your official position to further your private interests, nor act so as to create a reasonable suspicion that you have done so;

    (d)  you must not engage in heavy gambling or speculation;

    (e)  you must not engage in private financial transactions in connection with any matter on which members of the Diplomatic Service might be suspected of having access to information which could be turned to private gain;

    (f)  you must not engage in any occupation or undertaking which might conflict with the interests of the Diplomatic Service or be inconsistent with your position as a member of the Service;

    (g)  you must not fall short of the professional standard expected of members of the Diplomatic Service or act in a way which might bring discredit upon the Service;

    (h)  your behaviour, action or inaction must not significantly disrupt or damage the performance or reputation of the Diplomatic Service.

  6.2  Special rules governing particular activities are contained in individual Regulations. However, it is not possible to cover in every activity and in circumstances not specifically covered you should use discretion in accordance with the above principles, and in accordance with the guidance contained in the Diplomatic Service Code of Ethics (Annex A to these Regulations), seeking advice from your superior officer or from PPU [Personnel Policy Unit] if you are in doubt.

  6.3  Where you believe you are being required to act in a way which is illegal, improper, unethical, in breach of constitutional convention or a professional code, which may involve possible maladministration, or which is otherwise inconsistent with the Diplomatic Service Code of Ethics you may consult in confidence a member of a Selection Board, who will then take the matter up on your behalf. If the problem cannot be resolved you may take the matter up with the Chief Clerk (now Director-General Corporate Affairs] and you also have the right, in the last resort, to have the matter referred to the Permanent Under Secretary/ Head of the Diplomatic Service, through the Chief Clerk. [Emphasis added]

  6.4  If after following the above procedure you are not content with the response you have received you may raise the matter with the Diplomatic Service Appeal Board (see DSR 20).

Annex A

DIPLOMATIC SERVICE CODE OF ETHICS

  This Code of Ethics offers guidance on the constitutional framework within which all members of the Diplomatic Service work and the values and standards, which they are expected, uphold. Specific rules and principles of conduct, which reflect the standards of this Code, are laid down in Diplomatic Service regulations.

  1.  The constitutional and practical role of the Diplomatic Service is, with integrity, honesty, impartiality and objectivity, to assist the duly constituted Government, of whatever political complexion, in formulating policies of the Government, carrying out decisions of the Government and in administering public services for which the Government is responsible.

  2.  Members of the Diplomatic Service are servants of the Crown. Constitutionally, the Crown acts on the advice of Ministers and, subject to the provisions of this Code, Members of the Diplomatic Service owe their loyalty to the duly constituted Government.

  3.  This Code should be seen in the context of the duties and responsibilities of Ministers set out in Questions of Procedure for Ministers which include:

    —  accountability to Parliament;

    —  the duty to give Parliament and the public as full information as possible about the policies, decisions and actions for the Government, and not to deceive or knowingly mislead Parliament and the public;

    —  the duty not to use public resources for party political purposes, to uphold the political impartiality of the Diplomatic Service, and not to ask Members of the Diplomatic Service to act in any way which would conflict with the Diplomatic Service Code;

    —  the duty to give fair consideration and due weight to informed and impartial advice from Members of the Diplomatic Service, as well as to other considerations and advice, in reaching decisions; and

    —  the duty to comply with the law, including international law and treaty obligations, and to uphold the administration of justice;

  together with the duty to familiarise themselves with the contents of this Code.

  4.  Members of the Diplomatic Service should serve the duly constituted Government in accordance with the principles set out in this Code and recognising:

    —  the accountability of Members of the Diplomatic Service to the Minister, as the case may be, the office holder in charge of their department;

    —  the duty of all public officers to discharge public functions reasonably an according to the law;

    —  the duty to comply with the law, including international law and treaty obligations, and to uphold the administration of justice; and

    —  ethical standards governing particular professions.

  5.  Members of the Diplomatic Service should conduct themselves with integrity, impartiality and honesty. They should give honest and impartial advice to Ministers, without fear or favour, and make all information relevant to a decision available to Ministers. They should not deceive or knowingly mislead Ministers, Parliament or the public.

  6.  Members of the Diplomatic Service should endeavour to deal with the affairs of the public sympathetically, efficiently, promptly and without bias or maladministration.

  7.  Members of the Diplomatic Service should endeavour to ensure the proper, effective and efficient use of public money.

  8.  Members of the Diplomatic Service should not misuse their official position or information acquired in the course of their official duties to further their private interests or those of others. They should not receive benefits of any kind from a third party which might reasonably be seen to compromise their personal judgement or integrity.

  9.  Members of the Diplomatic Service should conduct themselves in such a way as to deserve and retain the confidence of Ministers and to be able to establish the same relationship with those whom they may be required to serve in some future Administration. They should comply with restrictions on their political activities. The conduct of Members of the Diplomatic Service should be such that Ministers and potential future Ministers can be sure that confidence can be freely given, and that the Diplomatic Service will conscientiously fulfil its duties and obligations to, and impartially assist, advise and carry out the policies of the duly constituted Government.

  10.  Members of the Diplomatic Service should not without authority disclose official information which has been communicated in confidence within Government, or received in confidence from others. Nothing in the Code should be taken overriding existing statutory or common law obligations to keep confidential, or to disclose, certain information. They should not seek to frustrate or influence the plies, decisions or actions of Government by unauthorised, improper or premature disclosure outside the Government of any information to which they have had access as Member of the Diplomatic Service.

  11.  Where a Member of the Diplomatic Service believes he or she is being required to act in a way which;

    —  is illegal, improper, or unethical;

    —  is in breach of constitutional convention or a professional code;

    —  may involve possible maladministration; or

    —  is otherwise inconstant with the Code;

he or she should report the matter in accordance with the procedure laid down in departmental guidance or rules of conduct. A member of the Diplomatic Service should also report to the appropriate authorities evidence of criminal or unlawful activity by others and may also report in accordance with departmental procedures if he or she becomes aware of other breaches of this Code or is required to act in a way which, for him or her, raises a fundamental issue of conscience.

  12.  Where a Member of the Diplomatic Service has reported a matter covered in paragraph 11 in accordance with procedures laid down in departmental guidance or rules of conduct and believes that the response does not represent a reasonable response to the grounds of his or her concern, he or she may report the matter in writing to the Diplomatic Service Appeal Board.

  13.  Members if the Diplomatic Service should not seek to frustrate the policies, decisions or actions of Government by declining to take, or abstaining from, action which flows from Ministerial decisions. Where a matter cannot be resolved by the procedures set out in paragraphs 11 or 12 above, on a basis which the Member of the Diplomatic Service concerned is able to accept, he or she should either carry out his or her instructions, or resign from the Diplomatic Service. Members of the Diplomatic Service should continue to observe their duties of confidentiality after they have left Crown employment.

Foreign and Commonwealth Office

February 1996







3   Twelfth Report from the Foreign Affairs Committee, Session 2001-02, Foreign and Commonwealth Office Annual Report 2002, HC 826. Back

4   Government Response to the Twelfth Report of the Foreign Affairs Committee, Session 2001-02, Foreign and Commonwealth Office Annual Report 2002, CM 5712. Back


 
previous page contents next page

House of Commons home page Parliament home page House of Lords home page search page enquiries index

© Parliamentary copyright 2003
Prepared 4 December 2003