Role as High Commissioner
7. Mr McConnell has had a long-standing relationship
with Malawi. In part this reflects the history of links between
Malawi and Scotland, dating back to the time of David Livingstone
and the Scottish missionary effort in that country in the Nineteenth
Century. As First Minister, Mr McConnell made a much-publicised
visit to Malawi in May 2005, and in November that year he signed
a "Co-operation Agreement" with President Mutharika,
outlining ways in which Scotland and Malawi would help each other,
in particular in the areas of health, education and sustainable
development.[4] Following
his resignation as Scottish Labour leader, he has worked on a
voluntary basis for the Clinton Hunter Development Initiative
in Malawi and Rwanda.
8. Mr McConnell informed us that he first became
aware that the post of High Commissioner to Malawi would shortly
become vacant and that he was being considered for the post when
the Prime Minister raised it with him in July 2007. The announcement
of his appointment was made in August 2007.
9. In his written evidence, Mr McConnell gave
us a number of assurances, including the following:
I don't have any business or financial connections
or other commitments that would give rise to a conflict of interest
in carrying out my duties as High Commissioner to Malawi.
I would not find it difficult to work in an impartial
civil service and I will report to the Foreign Secretary appointed
by the Prime Minister of the day.
I have no plans to seek further employment with the
Foreign and Commonwealth Office following completion of my term
as High Commissioner.[5]
10. With regard to experience and skills relevant
to the job, he told us that "I have no doubt that I have
the relevant skills and experience to perform the job of High
Commissioner to Malawi", but he added that in some areas
he would need to acquire new knowledge and skills: "[i]n
terms of skill areas that I need to develop further, I know there
will be a period of induction when these will be identified and
guidance will be provided".[6]
11. In oral evidence we explored with Mr McConnell
the question of his suitability for the post, his past connection
with Malawi, and his assessment of the challenges facing that
country and his future role as Her Majesty's Government's principal
representative there. We considered issues including Malawi's
economy, its development strategy, its human rights record, its
politics and governance, its handling of the HIV/Aids crisis,
and its relations with other countries.[7]
12. We asked Mr McConnell about his contract
with the FCO. He told that this has not yet been signed, but he
anticipated it would be a three-year, fixed-term contract.[8]
He said that it was not the usual practice for the FCO publicly
to disclose the terms and conditions of people appointed to diplomatic
posts, but he added:
I would want to be absolutely clear with the Committee
that at no time have I suggested and at no time has anyone suggested
to me that the terms and conditions, the salary, the other arrangements
for this post would either be better or worse than they would
normally have been for any other incumbent. There has been no
suggestion on my part or anyone else's part that that would be
case.[9]
13. We also explored with Mr McConnell the question
of when he would take up his new duties. He said that he had not
yet agreed a starting date with the FCO.[10]
It would be at some stage after the present High Commissioner
leaves his post in January 2009, but he could not confirm that
he would assume his new duties in 2009: "I do not have any
expectation that the new position will start early next year -
or even next year".[11]
He confirmed that there would be no period in which he was both
an MSP and a High Commissioner,[12]
and said that "when we have an agreed starting date, I anticipate
leaving the Scottish Parliament a few months before I am due to
start in Malawi".[13]
When asked if there will therefore be a by-election in the Scottish
Parliament, Mr McConnell replied, "Depending on the starting
date for the position, that may well be the case".[14]
He also noted that the next scheduled date for a Scottish general
election is 2011,[15]
and gave the Committee an assurance that "the starting date
would not be influenced by an effort to pick a particular date
for a by-election".[16]
14. We conclude that the undertakings Mr
McConnell has given if he is appointed High Commissioner to Malawi
are to be welcomed, as is his past experience of promoting Scottish
and UK relations with Malawi, and his evident personal commitment
to this process. We further conclude that it is right that questions
should be asked when a politician is appointed to a senior diplomatic
post, and we believe that such appointments should continue to
be made only in exceptional circumstances, and that they should
be subject to parliamentary scrutiny. However, subject to the
satisfactory resolution of the issue we raise in the next paragraph,
we are satisfied, on the evidence made available to the Committee,
that both the FCO and Mr McConnell have conducted themselves without
impropriety in relation to this proposed appointment, and we wish
Mr McConnell well in his new post.
15. We wish to add one rider to the above comments.
We are surprised that Mr McConnell raised the possibility that
a lengthy period might arise between the departure of his predecessor
as High Commissioner in January 2009 and his own starting date,
and that he would not rule out his continuing to be a member of
the Scottish Parliament for an extended period. We conclude
that it would be very unsatisfactory for there to be a lengthy
interregnum in which no High Commissioner is in post. It would
be equally unsatisfactory for Mr McConnell to continue to perform
the duties of a Member of the Scottish Parliament, at the same
time that he is preparing to undertake the politically impartial
duties of a British diplomat. We recommend that the FCO and Mr
McConnell should resolve this issue swiftly, and make a public
announcement that Mr McConnell will take up post on a specified
date within the first half of 2009.
2