Select Committee on Foreign Affairs First Special Report


Government response


Letter to the Chairman of the Committee from the Secretary of State for Foreign and Commonwealth Affairs, dated 24 July 2008

Your letter of 13 May requested that urgent consideration be given to reviewing the Government's approach to pre-appointment hearings for certain Diplomatic appointments. Subsequently, the FAC took oral evidence from Jack McConnell in anticipation of his forthcoming appointment as High Commissioner to Malawi. In its report on the hearing the Committee reiterated its view that appointments of politicians to senior Diplomatic posts should be subject to Parliamentary scrutiny.

As you know, the Diplomatic Service Order in Council 1991 permits exceptions to the usual process for appointments and this power has been exercised by successive Governments in a small number of cases since 1945. The Civil Service clauses in the Constitutional Renewal Bill maintain that exception, in line with the Government's policy of recruiting skills and experience from all areas of public life, although I recognise that this power that should be used sparingly.

The question of pre-appointment scrutiny of diplomatic appointments is one which is being considered in the context of the pre-legislative scrutiny of the Constitutional Renewal Bill. The Government will carefully consider the report of the Joint Committee on the draft Bill, and I shall revert to you on the question in that context.

Rt Hon David Miliband MP

Secretary of State for Foreign and Commonwealth Affairs

Letter to the Chairman of the Committee from the Permanent Under-Secretary at the Foreign and Commonwealth Office, dated 13 October 2008

In his letter of 24 July, the Foreign Secretary provided an interim reply to the FAC's Report into the proposed appointment of Jack McConnell as High Commissioner to Malawi. The Foreign Secretary noted his view that the permitted exception to the usual process for appointment under the Diplomatic Service Order in Council 1991 should be used sparingly, and that the question of pre-appointment scrutiny of diplomatic appointments was being considered in the context of the Constitutional Renewal Bill.

On the specific question of Mr McConnell's nomination as High Commissioner to Malawi, I am grateful for the comments of the FAC on the suitability of the proposed appointment given Mr McConnell's past experience of promoting Scottish and UK relations with Malawi. I also welcome the Committee's finding that both the FCO and Mr McConnell conducted themselves without impropriety in relation to the proposed appointment.

The Committee will be aware that the Prime Minister has recently appointed Mr McConnell as his Special Representative for Conflict Resolution Mechanisms, based in the Foreign and Commonwealth Office. This two year appointment means that Mr McConnell will not be able to take up the post as High Commissioner to Malawi next year. The FCO, through our usual procedures, is now seeking a new candidate to replace the current High Commissioner when his tour ends in 2009.

Sir Peter Ricketts KCMG

Permanent Under-Secretary, Foreign and Commonwealth Office


 
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Prepared 3 November 2008