Letter to the Chairman of the Committee from the

Secretary of State for Foreign and Commonwealth Affairs

 

 

Thank you for your letter of 21 July 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 2001-2003, 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 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.

 

Rt Hon David Miliband MP

Secretary of State

Foreign and Commonwealth Office

 

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 (i.e. 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 cc: 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 PUS 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 (i.e. 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 through 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 is takes between 6-8 weeks. Agreement is dependent on the host government. This can take up to 6 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 6 months sick absence in any rolling period of 4 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 6 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 5 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 2 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.