Letter to the Chairman of the Committee
from the Secretary of State for Foreign and Commonwealth Affairs
Thank you for your letter of 7 August raising
questions on behalf of the FAC regarding the proposed appointment
of the Rt Hon Valerie Amos as High Commissioner to Australia.
Our official responses are:
1. The Committee would be grateful to receive
a note setting out the FCO's system for appointment of heads of
mission. This should address, inter alia, the following questions:
— What is the process for appointing
a new head of mission? How long does it normally take? Who is
consulted? Are applications sought from existing staff? If so,
what is the format of these applications?
— What are the criteria, both formal and
informal, for appointment as a head of mission?
— Are Ministers involved in the choice
of heads of mission? If so, to what extent, how and when?
There are three slightly different hiring
processes depending on the seniority of the position. The details
of these procedures are set out in an annex to this letter (Annex
1).
2. Is it the practice for a head of mission
to be consulted about the choice of his/her successor? Was the
existing head of mission consulted before the appointment was
made?
No, it is not the practice for the incumbent
to be consulted about the choice of their successor. They are
generally only informed once a decision has been taken so that
they can arrange agrément (see answer below) and are aware
of who will be contacting them to arrange for the handover.
3. Are the views of the overseas government
on the suitability of individual candidates sought, either formally
or informally?
Host governments are not consulted about individual
candidates prior to appointment. Once an appointment has been
approved by No 10 and the Palace, the current Head of Mission
is requested by the FCO's Protocol Directorate formally to seek
agreement from the host government for the incoming Head of Mission
(with the exception of The Queen's Realms, where Approval is sought).
4. Is the FCO required to appoint heads of
mission on the basis of fair and open competition? What is the
legal basis, both past and present, for the appointment of a non-diplomat
as head of mission?
The principle that selections for appointments in
the FCO are to be made on merit on the basis of fair and open
competition is contained in the Diplomatic Service Order in Council
1991.
However, as you know, the Order in Council also provides
for an exception to the principle in the case of certain senior
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,
although the Government recognises that this power should be used
sparingly.
5. Has the FCO assessed which Posts are or
might be suitable for the appointment of a non-diplomat as head
of mission?
As appointments are made at the discretion of
the Prime Minister, no assessment of this kind as been made.
6. Have guidelines been drawn up on the circumstances
in which it might be appropriate to appoint a non-diplomat as
head of mission? If so, please supply these to the Committee
There are no guidelines of this nature.
7. Please give details of any assessment carried
out within the FCO of the performance in post of non-diplomats
appointed as heads of mission since 1997
Externally appointed Heads of Mission are subject
to the same annual appraisal procedure as all other Heads of Mission
to assess their performance. The appraisal defines the outcomes
that the jobholder is to deliver in the reporting period; assesses
strengths and weaknesses, including what the jobholder needs to
do to improve skills and competences and grow in value to the
FCO; and makes a judgement on pay: government policy is that performance
should be a major factor in the pay of senior civil servants and
that bonuses should be an element of the rewards and incentives
offered. Pay panels make the final judgements about the levels
of pay and bonus awards for all staff in the senior management
structure, including any non-diplomats.
It would not be appropriate to provide details
about individual assessments of performance. Those details are
personal information and, as such, they are protected from release
under the Data Protection Act.
8. Has any concern been expressed to the Government
by the civil service unions about recent proposed appointments
of non-diplomats as heads of mission? If so, please give details
It is for the Trade Union Side to make their
position clear.
9. How did the proposal to appoint Baroness
Amos as High Commissioner to Canberra originate? By whom was the
decision to offer her the post taken, and on what advice? What
process of selection or examination was she subject to? What qualifications
does she have to make her suitable for appointment? When and by
whom was the offer communicated to her?
The Prime Minister decided to make an appointment,
exercising the discretion referred to at 4 above, as successive
Prime Ministers have done. Following the Prime Minister's decision,
the Permanent Under-Secretary made a formal offer to Baroness
Amos in June 2009.
10. What past experience does Baroness Amos
have of Australian politics and culture, and of UK-Australian
bilateral relations?
As the FCO Minister in the House of Lords from 2001-03,
Baroness Amos dealt with debates and questions relating to Australia.
11. Please supply the Committee with full
details of the proposed terms and conditions of service of Baroness
Amos as High Commissioner. How will these differ from the normal
terms and conditions of service of a career diplomat? Will this
be a fixed-term appointment? What will be her salary and pension
entitlement?
— I attach a copy of the summary terms
and conditions (Annex 2).
— These are standard terms for short-term diplomatic
appointments. They are based on normal Diplomatic Service terms
and conditions.
— Baroness Amos has been initially appointed
on a fixed-term basis until 20 October 2010.
— We are not able to disclose details of
the personal remuneration of individual staff who are not members
of the FCO Board of Management.
— However, the post of High Commissioner
in Canberra falls into pay band 2 in the Senior Management Structure.
The full salary range for pay band 2 staff runs from £82,900
(minimum) to £162,500 (maximum). Newly appointed external
staff normally receive a starting salary in the range £82,900-£120,000,
depending on the relative weight and challenge of the job and
the specialist skills and competences they bring to the position.
— Baroness Amos will have the option of
joining the Principal Civil Service Pension Scheme while in Canberra.
12. Baroness Amos will be the fourth High
Commissioner to Australia in a row to have been appointed from
outside the ranks of the diplomatic service. Why is Australia
regarded as being particularly suitable for such appointments?
There are no unique conditions that apply to
Australia that make it particularly appropriate for politically
appointed High Commissioners. The close relationship the UK enjoys
with Australia on a number of fronts, requires the interaction
of both politicians and senior government officials. Such a relationship
does not require a political representative but it does make it
acceptable and its purpose is understood by the host government.
There is a history of a number of Political Heads of Mission serving
in Canberra and London on behalf of Australia and the UK. In that
context, the appointment of Baroness Amos is not exceptional.
13. Has there been any criticism of the proposed
appointment of Baroness Amos within Australia, from politicians,
the media or others?
We are not aware of any adverse response from Australian
politicians and the media. The appointment has been reported on
a factual basis.
21 September 2009
Annex 1
SUMMARY OF APPOINTMENT PROCEDURES FOR HEADS OF MISSION
FOR BAND
D (GRADE 7) POSITIONS:
— The Hiring Manager advertises in the
FCO and interviews for the position. S/he then informs the FCO's
Appointment team of the successful candidate.— The Appointment
team writes to Permanent Under Secretary for his agreement and
requesting ratification from the Foreign Secretary.— Once
ratified, the Appointment Team will let the Hiring Manager know.
— Hiring Manager offers the job to the
successful candidate, giving written feedback on interview performance
at same time, copying in the Appointment Team (so a copy can go
on the officer's file).
— Once accepted the Appointment Team follows
up with the relevant paperwork (ie Letter of Appointment, Posting
Notification).
— Hiring Manager contacts other interviewees
as soon as possible with written feedback. This should be copied
to the Appointment team (who will ensure that copies go on personal
files).
— Agreement (approval from host government
for appointment): Band D Board Executive will inform the FCO's
Protocol Directorate of the appointment. Protocol Directorate
are then responsible for taking this process forward.
FOR SMS1 (SCS1) HEADS
OF MISSION
APPOINTMENT:
— Once the job has been advertised (across
Whitehall) and bids received, the Hiring Manager sends Director
Change and Delivery copied to: Assistant Director, Operations
and SMS1 HR Executive a brief summary of the interviews and the
panel's recommended appointment. Director Change and Delivery
ratifies appointment.— The SMS1 HR Executive write to the
Permanent Under Secretary for his agreement, requesting ratification
from the Foreign Secretary (Note: this ratification process can
take up to 2 weeks). During this time, the Hiring Manager may
not inform any of the candidates about the recommendation, nor
provide feedback.
— When the appointment has been ratified
the SMS1 HR Executive lets the Hiring Manager know.
— The Hiring Manager offers the job to
the successful candidate giving written feedback on interview
performance at the same time, copying in the SMS1 HR Executive.
— The successful candidate should confirm
their acceptance in writing, copied to the SMS1 HR Executive.
— Once the Hiring Manager receives written
acceptance s/he should contact the unsuccessful interviewees as
soon as possible with written feedback copying in the SMS1 HR
Executive (so that copies of feedback can go on Personal Files).
— The SMS1 HR Executive follow up with
the relevant paperwork (ie Letter of Appointment, Posting Notification
following Agreement).
— Agreement: The SMS1 HR Executive will
inform the FCO's Protocol Directorate of the appointment.
FOR SCS2 AND
3 APPOINTMENTS, THE
PROCESS IS
AS FOLLOWS:
— Job is advertised across Whitehall by
PA/Director HR. Bids are sent to Hiring Manager, copied to PA/Director
HR.— Pre board—made up of the Permanent Under Secretary,
Director General Change and Delivery and HR Director. This makes
an initial assessment of the candidates and shortlists, if necessary.
— PA/Director HR carries out checks with
Health and Welfare, Estates and Security Directorate and the Promotion
Team to ensure that all candidates are eligible for the positions
they have bid for.
— Appointment Board—chaired by the
Permanent Under Secretary. Includes all Directors General, Non
Executive Directors, Chief Executive of UK Trade and Investment.
HR Director is the Secretary to the Board. Assistant Director,
Operations also attends. This Board has a thorough discussion
about the merits of each of the candidates and decides who should
be placed where or whether jobs should be re-advertised, or evenly
balanced candidates interviewed.
— Once a preferred candidate has been identified,
Director HR drafts recommendation letters for the Permanent Under
Secretary to submit to the Foreign Secretary for approval.
— Once Foreign Secretary has agreed, he
submits letter to No.10 for approval from the Prime Minister.
— After Prime Ministerial approval, Director
HR lets the candidates and the hiring manager know the outcome.
— Agreement: PA/Director will inform the
FCO's Protocol Directorate of the appointment.
The length of time for the appointment process
can vary. However, in general it takes between six to eight weeks.
Agreement is dependent on the host government. This can take up
to six months.
Format of applications: Applicants submit
their bids on a standard bidding form which invites them to say
why they are suitably qualified to fill the particular position.
Candidates should match this as closely as possible to the skills
and competences asked for in the job description. Applicants also
submit their CV, the last two years worth of appraisal evidence
and their most recent report from an Assessment and Development
(Promotion) Centre.
Criteria for appointment as Head of Mission:
All appointments in the FCO are based on our core competences.
However, the criteria can vary depending on the job and location.
In general we expect our Heads of Mission to be well grounded
in both policy and corporate issues. They are the ones ultimately
responsible for the running of our Posts in a given country. Therefore,
an awareness of how they will handle finances/resources; lead
their team (including any welfare issues which may arise); crises;
and the building/estate are all key. In addition, if a country
has a particular language requirement, for example, China, we
expect our Heads of Mission to be well grounded in that language
so they can fully operate in the region.
Ministers: The role that the Foreign
Secretary and No. 10 play is set out in the process for appointment.
Annex 2
SUMMARY OF TERMS AND CONDITIONS OF SERVICE
1. The following paragraphs summarise or
refer to your main terms and conditions of service as they apply
at present. You should read them in conjunction with the Diplomatic
Service Regulations, a copy of which is enclosed. Other details
of your conditions of service are to be found in FCO Guidance,
a copy of which is held in all Posts and on our intranet, FCONet.
You will be informed of any significant changes in terms and conditions
of service through Office notices and circulars.
CONTINUITY OF
EMPLOYMENT
2. No employment with a previous employer
will count as part of your continuous period of employment for
the purpose of the Employment Protection legislation.
PAY
3. You will be paid monthly in arrears by
credit transfer to your bank or building society in the UK.
4. Your base salary on appointment will be .......
This sum will be consolidated and pensionable. You will be eligible
for an annual pay award in 2010. The FCO's SMS pay panels meet
each June to determine the allocation of awards within a framework
set centrally for the Senior Civil Service. Decisions are based
on performance relative to peers. Pay increases are backdated
to 1 April.
5. You will be eligible for an annual variable
pay award, based on appraisal evidence of delivery against objectives
in the previous year. The SMS pay panels determine the allocation
of awards each June. Payments are non-consolidated and non-pensionable.
ALLOWANCES
6. Details of allowances and grants payable
are set out in a separate document.
HOURS
7. There is no standard working week for
members of the Diplomatic Service overseas. Nor are staff overseas—or
SMS staff in the UK—eligible for overtime payments.
LEAVE
8. Your annual leave allowance will be 30
days with pay. You will also receive 10 and a half days public
and privilege holiday. These are determined locally and notified
annually in office circulars.SICK
ABSENCE
9. For permanent employees the sick absence policy
is as follows: sick absence on full pay, less any social security
benefit received, for up to six months in a rolling period of
12 months and after that on half pay up to a maximum of six months
sick absence in any rolling period of four years. Any Statutory
Sick Pay (SSP) due will be paid within the maximum of full pay.
But if attendance is unsatisfactory because you have frequent
or continuous sick absence your suitability for continued employment
might have to be reviewed.
10. As a fixed term employee, you are entitled
the equivalent allowance on a pro rata basis. In your case this
is up to six weeks sick absence on full pay.
NOTICE
11. If the FCO terminates your employment,
provided that you are not dismissed on disciplinary grounds and
have served continuously for one month or more, you will be entitled
to receive five weeks notice.
12. If you decide to leave the Service you are
expected to give not less than three months' notice to the FCO.
PENSION ARRANGEMENTS
13. We will send you separately information
about pension scheme options.
AGE OF
RETIREMENT
14. The default retirement age for Civil
Servants in the Senior Management Structure/Senior Civil Service
is 65.
ACCEPTANCE OF
OUTSIDE APPOINTMENTS
15. Foreign and Commonwealth Office staff
may be required to obtain the agreement of the Secretary of State
before accepting any offer of employment which starts within two
years of leaving Crown employment. Full details are contained
in Diplomatic Service regulation 38.
CONDUCT
16. As a member of the public service, and
as a representative of your country, you will, at all times, be
expected to conduct yourself responsibly in your personal life
and at work. The general principles governing the conduct of a
member of the Diplomatic Service are set out in more detail in
Diplomatic Service Regulation (DSR) 2; special rules governing
particular activities are contained in DSR 1. Any contravention
of regulations will be treated as misconduct.
MISCONDUCT PROCEDURE
17. The FCO's misconduct procedure is set
out in DSR 27 with further details in FCO Guidance.
SECURITY CLEARANCE
18. All appointments in the Diplomatic Service
are made subject to the level of security clearance known as Developed
Vetting (DV) being given. This involves enquiries into your character
and background.
19. You should also be aware that once granted
DV clearance, it could later be withdrawn if, for example, your
conduct, personal behaviour or other personal circumstances casts
doubt upon your reliability. Loss of clearance will mean that
you cannot continue as a member of the Diplomatic Service.
DATA PROTECTION
20. In relation to the Data Protection Act
1998, you agree to the processing of personal data by the FCO
as your employer for the purposes of calculating your remuneration
and maintaining records on attendance, health, discipline and
grievances such as are necessary for the performance of your contract.
USE OF
OFFICIAL INFORMATION
21. All members of the Foreign and Commonwealth
Office owe duties of confidentiality and loyal service to the
Crown. These require you to exercise care in the use of information
which you acquire in the course of your official duties and to
protect information which is held in confidence. The rules governing
the use of official information and related activities are set
out in DSR 5. In particular, you are required to obtain permission
from the FCO before drawing on official information or experience
gained in the course of official duties for publication or broadcast.
22. You may not broadcast or publish material
without the permission of the appropriate authority if this would
involve the disclosure of official information or the use of official
experience; or the publication or disclosure of material liable
to affect the Government's relations with other countries.
23. You must continue to observe your duty
of confidentiality after you have left Crown service. Any breach
of these provisions may result in disciplinary action and in certain
circumstances criminal civil proceedings.
24. All members of the Foreign and Commonwealth
Office are subject to the Official Secrets Act 1989. An explanatory
leaflet summarising the provisions of the Act is enclosed. You
should read it carefully.
GRIEVANCES
25. If you are dissatisfied on a personal matter
affecting your position in the Diplomatic Service you may take
it up direct with your Line Manager. You may also seek the advice
and help of your Trade Union. If you are still dissatisfied you
may take the matter up with your Countersigning Officer. A final
appeal is also available to the next person up the Line Management
chain. FCO Guidance gives further details.
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