Rt Hon Jack McConnell MSP
166. In August 2007, the Government announced that
it intended to appoint Rt Hon Jack McConnell MSP, former First
Minister of Scotland, as British High Commissioner to Malawi when
the current High Commissioner's posting ends in early 2009. In
April 2008 we took oral evidence from Mr McConnell about his expected
appointment. In June 2008 we published a Report, in which we concluded
that the undertakings Mr McConnell gave, if he was appointed as
High Commissioner to Malawi were to be welcomed, as was his past
experience of promoting Scottish and UK relations with Malawi,
and his evident personal commitment to this process. We further
concluded that it is right that questions should be asked when
a politician is appointed to a senior diplomatic post, and we
noted that such appointments should continue to be made only in
exceptional circumstances, and that they should be subject to
parliamentary scrutiny.
167. We also expressed our surprise 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 concluded that it would be very unsatisfactory
for there to be a lengthy interregnum in which no High Commissioner
is in post. We further concluded 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 recommended that the FCO and Mr McConnell should resolve this
issue swiftly, and make a public announcement that Mr McConnell
would take up post on a specified date within the first half of
2009. [236]
168. Events subsequently overtook our conclusions.
On 24 September, Sir Peter Ricketts wrote to inform us that the
Prime Minister had appointed Mr McConnell as his Special Representative
for Conflict Resolution Mechanisms, based in the FCO. We were
told that this two-year appointment meant that Mr McConnell would
not be able to take up the post of High Commissioner to Malawi
in 2009. Sir Peter informed us that the FCO was seeking a new
candidate to replace the current High Commissioner when his tour
ends in 2009.[237]
169. In October 2008 we questioned Sir Peter in oral
evidence about Mr McConnell's new appointment and its implications.
Sir Peter told us that Mr McConnell's post was an unpaid, advisory
role, that he would be based in the FCO for "[o]ne or two
days a week",[238]
that he would travel "perhaps once a month",[239]
that the FCO would support him and that his actions were unlikely
to be subject to the provisions of the Ministerial Code.[240]
He added that while Mr McConnell would have a "reporting
line to the Foreign Secretary", his appointment was not as
a member of FCO staff but as a prime ministerial special envoy.[241]
We asked Sir Peter whether he was concerned about an individual
carrying out work that impinged directly upon the FCO's responsibilities,
even though the person in question would report directly to the
Prime Minister. Sir Peter said that he welcomed Mr McConnell's
assistance and added:
He is by `no means the first person to act as
a special envoy while retaining membership of Parliament. I can
think of the example of Joan Ryan, who served as a special representative
on Cyprus while a Member of the House of Commons without any conflict
of interest arising.[242]
170. Sir Peter also informed us that the Prime Minister
had expressed the hope that Mr McConnell might still be available
to serve as High Commissioner in Malawi at a future date. In the
meantime, a new representative would be selected from a group
of FCO candidates through the normal internal procedures.[243]
171. We conclude that the affair of Mr McConnell's
two appointments has not been well handled by the Government.
We further conclude that it is likely that the uncertainty and
delay over the timing of Mr McConnell's appointment as High Commissioner
to Malawi, followed by the abrupt announcement that the appointment
would not after all proceed, is regrettable, and is likely to
have caused concern or even offence in Malawi.
172. In our June 2008 Report on Mr McConnell's appointment
to Malawi, we expressed concern that the Government, in its recent
proposals to encourage select committees to hold 'pre-appointment
hearings' on a more systematic basis, did not accept that "major
diplomatic or consular appointments of a person from outside the
diplomatic service" should be one of the categories of appointment
it recognises as suitable for this kind of scrutiny.[244]
Both the Liaison Committee and the Select Committee on Public
Administration have also expressed concern about the Government's
stance on this matter.[245]
173. We conclude that the appointment of non-diplomats
to diplomatic posts is a matter which requires public and parliamentary
scrutiny. We recommend that in its response to this Report, the
Government should accept that "major diplomatic or consular
appointments of a person from outside the diplomatic service"
should in principle be subject to 'pre-appointment hearings' by
this Committee. We further conclude that, irrespective of the
Government's response, such appointments undeniably fall within
our area of responsibility, and we shall continue to exercise
that responsibility.
Allegations of abuse at the British
Embassy in Iraq
174. In April 2008 we received a complaint from a
member of the public that female staff at the British Embassy
in Baghdad had been abused by managers working for KBR, a defence
services provider contracted to the FCO. The complainant alleged
that:
Basically, British KBR managers were abusing
their Iraqi female staff. One of these women was fired after she
did not perform sexual favours. The Embassy conducted an initial
investigation and interviewed that woman along with two other
local KBR employees. They were all credible, their statements
were consistent and they had no motive to lie. The Deputy Ambassador
believed them and concluded that there were significant grounds
to warrant a further investigation.
175. The complainant claimed that the FCO had subsequently
failed to carry out an independent investigation into the allegations,
instead entrusting the task to KBR itself, and that Iraqis who
had spoken about the incident had lost their jobs with KBR.[246]
176. We wrote to the Foreign Secretary seeking his
comments on this matter. In reply, the Foreign Secretary set out
the FCO's understanding of the relevant background, and stated
that he was satisfied that the FCO had reacted promptly and correctly
to the initial allegations and to subsequent concerns. He argued
that since the allegations related to staff employed by KBR it
was correct to ask KBR to take forward the investigation and that
the investigation was as thorough and professional as circumstances
in Baghdad allowed.[247]
177. We later wrote back to the Foreign Secretary
seeking a response to further allegations,[248]
in particular: why suspended members of the KBR management team
had been permitted to continue having access to KBR local staff;
why the complainant and three key personnel had not been interviewed
by the KBR investigatory team; and what the grounds were for dismissal
of two of the principal witnesses.[249]
178. In his reply to us of 23 July 2008, the Foreign
Secretary indicated that, "There is [
] nothing more
of any substance that I can add to the account of FCO investigations
into the KBR enquiry that I detailed in my letter of 19 May."[250]
179. We pursued this matter with Sir Peter Ricketts
when he appeared before the Committee in October 2008, and sought
assurances that in the event of any future allegations, either
in the Baghdad mission, or in comparable situations, the FCO would
not delegate the duty to investigate to the very contractors who
were the subject of complaint. Sir Peter Ricketts responded:
The legal position is that we have a duty of
care for all the staff in our compound, in terms of their physical
safety. As good employers, we want to make sure that all our staff
and contractors are aware of our policies on discrimination and
sexual harassment. But it remains the obligation of the contractors
to manage their staff; we cannot take on the management of their
staff.[251]
180. We conclude that although the FCO feels it
has acted conscientiously and effectively in its handling of recent
allegations relating to the British Embassy in Baghdad, we do
not believe that it is appropriate in such circumstances for the
investigation of complaints against contractors' staff to be entrusted
solely to the contractors. We recommend that the Government should
introduce more effective means of monitoring the behaviour of
Embassy contractors including through the inclusion of relevant
provisions in its contractual agreements with future suppliers
of services.
210 Foreign Affairs Committee, Foreign and Commonwealth
Office Annual Report 2006-07, para 105 Back
211
A Whitehall-wide review whose findings, together with the FCO's
response, were published in March 2007. The review identified
"bringing change programmes into a coordinated and integrated
programme monitored by the Board" as one of its four key
areas for action. Back
212
Ev 132 Back
213
Not printed Back
214
Q 181 Back
215
Q 182 Back
216
Q 182 Back
217
Ev 132 Back
218
Ev 132 Back
219
Couraud, Cultural Audit, August 2008, pp 6-7 Back
220
Ibid., p 10 Back
221
Ibid., p 39 Back
222
Ibid., p 39 Back
223
Foreign and Commonwealth Office, FCO Staff Feedback Survey
2007, www.fco.gov.uk
Back
224
Foreign and Commonwealth Office, FCO Staff Feedback Survey
2007, www.fco.gov.uk
Back
225
Q 185 Back
226
Q 183 Back
227
Q 183 Back
228
Foreign and Commonwealth Office, News+Views, Issue 73,
February 2008, p 16 Back
229
Q 186 Back
230
Q 188 Back
231
Couraud, Cultural Audit, August 2008, p 24 Back
232
Ev 156 Back
233
Ev 156 Back
234
Q 225 Back
235
Q 225 Back
236
Sixth Report of Session 2007-08, Proposed appointment of Rt Hon
Jack McConnell MSP as High Commissioner to Malawi (HC 507), paras
14-15 Back
237
Q 221 Back
238
Q 208 Back
239
Q 208 Back
240
Q 203 Back
241
Q 199 Back
242
Qq 217, 204 Back
243
Q 221 Back
244
Foreign Affairs Committee, Sixth Report of Session 2007-08, Proposed
appointment of Rt Hon Jack McConnell MSP as High Commissioner
to Malawi, HC 507, 24 June 2008, para 17 Back
245
Ibid., para 18; Public Administration Select Committee, Tenth
Report of Session 2007-08, Constitutional Renewal: Draft Bill
and White Paper, HC 499, 4 June 2008, para 35 Back
246
Ev 99 Back
247
Ev 115 Back
248
Ev 115 Back
249
Ev 130 Back
250
Ev 141 Back
251
Q 192 Back