Written evidence from Sir Edward Clay
KCMG
When I was told that Diplomatic Service Regulations
(DSR) had been changed, I asked to see a copy of a new standard
letter of appointment, revised to take account of the amended
DSR 5. I got no response so asked for it under FoI.
The attached is the response. The standard letter
is altered out of all recognition, for the better. In particular,
there is no attempt to bind signers for life to particular rules
on public statements. The three elements of paragraph 7 relate
only to protecting confidential matters in the proposed role,
though, of course, the requirements of the OSA continue indefinitely.
For a retired officer, however, that imposes no new obligation.
I think this revision does suggest the amendment
of DSR 5 was a real and significant change. But the approach of
the FCO to their argument with me, their failure to offer any
re-interpretation or amendment of the letter back in 2006 when
I first questioned it, their slothfulness over amending DSR 5
and their failure to disclose the new standard letter of appointment
until they were forced under FoI, suggests a management which
never dreamt they might be wrong or might have to justify their
stance. When challenged, their response has suggested an institution
brittle and defensive in its response to argument. I find it strange
that the FCO should beat its breast about its attachment FoI while
declining to provide perfectly straightforward, unclassified information
in response to my first, simple request without recourse to FoI.
I am grateful for the DSA's support over the
money question and their sympathetic interest in DSR 5 itself.
Getting that amended has been well worthwhile.
19 June 2009
Annex A
LETTER TO SIR EDWARD CLAY FROM HUMAN RESOURCES
DIRECTORATE, FOREIGN AND COMMONWEALTH OFFICE
FREEDOM OF
INFORMATION REQUEST:
395-09
Thank you for your request dated 16 May 2009,
under the Freedom of Information Act. You asked that the Foreign
and Commonwealth Office (FCO) should disclose "a copy of
the revised standard letter of appointment which would be presented
to retired officers such as you on taking up an appointment like
the Chevening job or chairmanship of Wilton Park or another part-time
position of this kind."
I can confirm that the Foreign and Commonwealth Office
does hold information to answer your request. I'm attaching a
copy of the standard terms and conditions of appointment with
this letter (Annex B).
In keeping with the spirit and effect of the Freedom
of Information Act, all information is assumed to be releasable
to the public unless exempt.
You may re-use the Crown copyright protected
material (not including the Royal Arms and other departmental
or agency logos) free of charge in any format for non-commercial
research, private study or internal circulation within your organisation.
The material must be acknowledged as Crown copyright and you must
give the title of the source document/publication.
For any other proposed use of the material please
apply for a PSA Licence (http://www.opsi.gov.uk/click-use/) for
core material from the Office of Public Sector Information: Office
of Public Sector Information, Information Policy Team, Kew, Richmond,
Surrey, TW9 4DU.
Email: licensing@opsi.gsi.gov.uk
Website: http://www.opsi.gov.uk/about/team-information/information-policy
For further information on Crown copyright policy
and licensing arrangements, see the guidance featured on the OPSI
Website (http://www.opsi.gov.uk/advice/crown-copyright/copyright-guidance/index.htm)
If you are unhappy with the way the Foreign
and Commonwealth Office has handled your request, you may ask
for an internal review. You should contact me within 40 working
days if you wish to complain.
If you are not content with the outcome of your
complaint, you may apply directly to the Information Commissioner
for a decision. Generally, the ICO cannot make a decision unless
you have exhausted the complaints procedure provided by the FCO.
The Information Commissioner can be contacted at: The Information
Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire,
SK9 5AF.
16 June 2009
Annex B
NON-EXECUTIVE CHAIR TERMS OF APPOINTMENTThis document
sets out your principal terms and conditions of appointment.
NAMES OF
PARTIES......
THE FOREIGN
AND COMMONWEALTH
OFFICE ("THE
DEPARTMENT")
1. COMMENCEMENT
OF APPOINTMENT
Your appointment will begin on......
2. DURATION
Subject to earlier termination your appointment
will be for a fixed period ..... of ..... It will run from ........
to......
3. ROLE AND
FUNCTION
a) You are appointed, subject to security
clearance, as the Chair of the Wilton Park Departmental Board,
and ex-officio as the Chair of the Wilton Park Advisory Council.
Nothing in this agreement is intended, or shall be taken, to have
the effect of making you an employee of the Department.
b) You are appointed to lead both boards,
ensuring that together they set, implement and monitor Wilton
Park's delivery against its mission and specific targets effectively.
Time commitment will be approximately ..... per month including
attending meetings and preparation time.
c) You will have the opportunity to meet
regularly with the Senior Responsible Officer for Wilton Park
in the FCO, currently ...... to reflect on your role, review performance
and evaluate the arrangement between you and the FCO.
d) Subject to clause 8, you may during your
appointment do other work and pursue other interests apart from
this role.
4. REMUNERATION
a) Your remuneration will be ......
b) This fee will be reviewed annually. You
will be notified in writing of any change to your fee.
c) in addition to your fee, you will be
eligible to claim travel expenses (according to FCO rules and
procedures for senior staff) reasonably incurred for travel undertaken
as part of your responsibilities. You will need to retain receipts
if you intend to claim for travel expenditure.
d) You should claim your travel expenses
retrospectively at the end of each month on the form provided
by Public Diplomacy Group and payment will then be made monthly
by credit transfer to your bank or building society.
5. DISCLOSURE
a) Your fee has to be disclosed in the Wilton
Park annual report. In entering into this agreement and accepting
this appointment you thereby consent to this disclosure.
6. NOTICE
a) Either party may terminate this contract
for any reason before the expiry of the fixed period by giving
three months notice in writing.
b) The Seven Principles of Public Life are
considered to provide good guidance on the standards of conduct
expected in this role. Breach of these standards amounting to
misconduct could lead to termination of your appointment.
7. CONFIDENTIALITY/USE
OF OFFICIAL
INFORMATION
a) This appointment is subject to SC security
clearance.
b) You are required to exercise care in
the use of information which you acquire in the course of your
duties and to protect information which is held in confidence.
c) You are also subject to the Official
Secrets Act 1989. An explanatory leaflet summarising the provisions
of the Act as they affect civil servants (which will also be broadly
applicable to you) is attached.
8. CONFLICTS
OF INTEREST
a) You must declare to the Senior Responsible
Officer any personal or business interest which may, or may be
perceived (by a reasonable member of the public) to influence
your judgement in performing your functions and obligations under
this agreement. These interests include (without limitation),
personal direct and indirect pecuniary interests, and any such
interests of your close family members and/or of people living
in the same household as you or as your close family members.
b) You must inform the Senior Responsible
Officer in advance of any new appointments that may impinge on
your performance of your functions and obligations under this
Agreement.
c) You must inform the Senior Responsible
Officer in advance if it is your intention to take up a position
in any political party.
d) It will be your responsibility to withdraw
from any discussions where you have any interests that may, or
may be perceived to, influence your judgement.
e) All information on potential conflicts
of interest will be held on a Cabinet Office Register and could
be disclosed to the public under the Freedom of Information Act.
In entering into this agreement and accepting this appointment
you thereby consent to this disclosure.
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