Letter to the Clerk of the Committee from
Sir Edward Clay, KCMG, British High Commissioner Kenya (retired)
I retired from the FCO in 2005, when I was British
High Commissioner in Kenya.
I was recruited by the FCO to do a part-time,
non-sensitive job in late 2006. I declined to sign a draft letter
of appointment which reflected the tighter requirements of the
new DSR 5 that had been introduced earlier in 2006. I was nevertheless
invited to work pending the Office's search (their own idea) for
some other way of contracting my services. I was told I could
not have the job after I made public comments on 17 January 2007.
These were on matters of public interest which breached no confidence,
and did not draw directly on my professional knowledge of the
issues under discussion.
I attach a letter I have just sent to my MP
about this episode. It incorporates also the text of my substantive
letter last year to Dr Tony Wright, Chair of the Select Committee
on Public Administration. The letter states the bald facts and
I am sending it to you also so that you know I have already been
in touch with the PASC and Chris Grayling, and in what terms.
I am disturbed by the Office's persistence in
its attempt to tighten up DSR 5, and by its apparent vagueness
about how it wants to enforce it or even to clarify what former
public servants ought to understand by a continuing duty of "loyalty
and confidentiality". I think the attempt to enforce such
an obligation for life is oppressive and a breach of our rights
to free expression.
I regret finding myself at odds with my old
department, I am a pretty middle of the road sort of person. But
I find my situation difficult. I think the effort to gag former
diplomats will inhibit them from discussing foreign policy matters,
with a consequent loss of their informed expertise from public
debate.
The Select Committee on Public Administration
has written to the FCO, and awaits replies at official level on
how the FCO intends to amend its new DSR 5. James Gerrard, the
Deputy Clerk is aware that I may write to you.
I should be grateful to know whether the Foreign
Affairs Committee considers this episode is also of interest to
them, particularly in respect of the attempt to bind public officials
for life to commitments the Office clearly do not intend to enforce
but also do not know how to police at all. If you or the Chairman
would like to have more details about my dealings with the Office
over the last 15 months or so, I shall be happy to co-operate
in whatever way you wish.
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