Select Committee on Public Administration Thirteenth Report


Report


1. On 22 July we held a pre-appointment hearing with Lord (Michael) Jay of Ewelme, the Prime Minister's preferred candidate for the post of Chair of the House of Lords Appointments Commission (HoLAC). This was our first pre-appointment hearing under the terms agreed earlier this year between the Government and the Liaison Committee. We have expressed elsewhere our views on the future of the House of Lords and on the status of HoLAC. These are issues to which we may return, but not in this short Report.

The role

2. The Chair of the House of Lords Appointments Commission is one of the posts agreed as suitable for a pre-appointment hearing because of Parliament's strong interest in the Commission's powers. The Commission has two roles:

a)  It recommends people for appointment to the House of Lords as crossbench (non-party-political) peers.

b)  It vets all nominations for membership of the House—including those put forward by the political parties—to ensure the highest standards of propriety.

3. The Chair of the Commission has a particular responsibility for providing effective leadership, and specifically for:

a)   ensuring that the Commission meets at appropriate intervals and that the minutes of meetings accurately record the decisions taken, and

b)  representing the views of the Commission to the general public and others.[1]

4. The role requires:

a)  public visibility—this is important not least to ensure that people from all parts of society are aware of the process for nominating potential peers and encouraged to participate;

b)  the highest standards of impartiality, integrity and objectivity—this is crucial given the Commission's responsibility for ensuring standards of propriety; and

c)  considerable personal independence—the Commission has been prepared in the past and must be prepared in the future to recommend against appointments proposed by the Prime Minister and other leaders of political parties.

The selection process

5. The recruitment process was regulated by the Office of the Commissioner for Public Appointments (OCPA). Shortlisted candidates for the post were interviewed on Wednesday 16th July. The Prime Minister confirmed the name of his preferred candidate on Friday 18th July. The House is rising for the summer recess on Tuesday 22nd July, the same day on which we held our hearing.

6. This is a much tighter timetable than we would normally expect. We are grateful to the Cabinet Office for ensuring that we have been able to hold a pre-appointment hearing for this post. Close co-ordination has meant that candidates were aware from the point of advertisement that a pre-appointment hearing was a prospect.

7. Where a post has been identified as suitable for a pre-appointment hearing, the Government should ensure in its planning to fill that post that the relevant Committee is given sufficient time to prepare for and hold such a hearing. Although we have been able to hold a hearing within a constrained timeframe on this occasion, the Government should not assume that this will always be the case.

The Prime Minister's preferred candidate

8. Lord Jay is a crossbench (non-party-political) Member of the House of Lords with a long career in the Diplomatic Service. His last two posts were as HM Ambassador in Paris from 1996-2001 and Head of the Diplomatic Service from 2002-06. His curriculum vitae is appended to this Report.[2]

The hearing

9. Our aim during the hearing was to test Lord Jay's ability to withstand parliamentary and public scrutiny should he take up the post, and his ability to demonstrate robust independence.[3] We asked questions about his professional competence and personal independence. We also sought to elicit background information about his past career and about the selection process for the post. In the interests of continuing dialogue, we explored Lord Jay's early thoughts about the future direction of the Commission, in particular given the statement in the position specification for the post that the Commission's remit might be extended to address:

a)  the further development of robust, transparent and rigorous procedures to underpin core activities;

b)  the identification of innovative ways of broadening the "pool" of individuals to be considered for peerages by the Commission; and

c)  the maintenance of active relations with Peers who have been through the Commission's processes and the assessment of the effectiveness of the Commission's appointees.[4]

Conclusion

10. We are satisfied that Lord Jay has the professional competence and personal independence required for the post of Chair of the House of Lords Appointments Commission. We therefore welcome his nomination and encourage the Prime Minister to make the appointment. We wish Lord Jay every success in his new post.


1   Appendix 2 Back

2   Appendix 1 Back

3   The transcript of the hearing will be published separately as HC 985-II Back

4   Appendix 2 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 2008
Prepared 23 July 2008