1 Pre-appointment
hearing
Background
1. The July 2007 Green Paper, The Governance of Britain,
proposed the introduction of pre-appointment hearings for key
public officials in which Parliament has a strong interest. It
stated that, in each case, it should fall to the relevant select
committee to conduct the hearing, which should cover issues such
as the candidate's suitability for the role, his or her key priorities,
and the process used in selection.[1]
The House of Commons Liaison Committee subsequently agreed a list
of posts that would be subject to such a hearing with the Government
in May 2008.[2]
2. The Liaison Committee has published guidance for
committees to ensure that hearings are conducted appropriately.
The outcome of the hearing is non-binding, although the report
from a committee holding a pre-appointment hearing should inform
Ministers' decision-making on whether or not to proceed. Our purpose
in conducting pre-appointment hearings is to satisfy Parliament
that the post would be filled by someone of sufficient calibre.
3. On 9 December 2014 we held a pre-appointment hearing
with Baroness Angela Browning, the Prime Minister's preferred
candidate for the post of Chair of the Advisory Committee on Business
Appointments (ACOBA).
4. We have expressed elsewhere our views on the Business
Appointment Rules and the need for reform and renewal of ACOBA.[3]
This short report gives our view of Baroness Browning's suitability
for the post as it is currently constituted.
THE ROLE
5. The Chair of ACOBA is one of the posts agreed
to be suitable for pre-appointment hearings because of its "important
role in ensuring public trust in government by regulating exit
from government".[4]
ACOBA advises the Prime Minister and others on the application
of the Rules on the Acceptance of Outside Appointments by Crown
Servants (also known as the 'Business Appointment Rules') to very
senior Crown servants.[5]
The Rules set out the circumstances in which civil servants, diplomats,
members of the armed forces and others need to obtain Government
permission to take up outside appointments within two years of
leaving the service of the Crown. The Advisory Committee also
provides advice to Ministers and former Ministers looking to take
up outside appointments within two years of leaving office. Ministers
are required to seek the Committee's advice for appointments,
other than unpaid posts in non-commercial organisations, under
the Ministerial Code. The Ministerial Code states that Ministers
are "expected" to follow the Committee's advice.[6]
Appointment process
6. The post was advertised at £8,000 per annum
in the Sunday Times/Times Online and on the Cabinet Office Public
Appointments website.
7. The appointment was offered on a single five-year
non-renewable appointment term. The initial advertising period
was three weeks and concluded on 30 October 2014. The essential
criteria for the role were advertised as:
· Understanding
of the work of the Committee, and the ability to work well as
part of a diverse team of influential people;
· Understanding
of the machinery of government, preferably gained through practical
experience at a senior level;
· Excellent judgment
and ability to command the confidence and trust of Parliament
and the public, and of Ministers, civil servants and other Crown
servants subject to the Business Appointment Rules;
· Good communication
skills;
· Personal integrity
and strength of character; and
· Excellent leadership
skills, and experience over several years of operating at Board
level or equivalent in one or more major organisations.
The Prime Minister's preferred
candidate
8. We were notified on 3 December that the Prime
Minister's preferred candidate was Baroness Browning, a Conservative
Member of the House of Lords and a current member of the Advisory
Committee. We also received Baroness Browning's curriculum vitae
and supporting documentation setting out the requirements of the
post and details of the recruitment process. We held a pre-appointment
hearing with Baroness Browning on 9 December 2014. Her curriculum
vitae is appended to this Report.
The hearing
9. Our aim during the hearing was to test Baroness
Browning's suitability for the post and her ability to demonstrate
robust independence. We asked questions about her professional
competence and personal independence. We also sought to elicit
background information about her past career and about the selection
process for the post. As Baroness Browning has been a Member of
ACOBA since June 2014 we explored her work so far, including her
thoughts on the future of ACOBA and the Triennial Review.
Conclusion
10. We are satisfied that Baroness Browning has the
professional competence and personal independence required for
the post of Chair of the Advisory Committee on Business Appointments
as it is currently constituted.
1 Cabinet Office, The Governance of Britain,
Cm 7170, July 2007, para 76 Back
2
Liaison Committee, First Special Report of Session 2007-08, Pre-appointment hearings by select committees: Government Response to the Committee's First Report of Session 2007-08,
HC 594 Back
3 3
Public Administration Select Committee, Sixth Report of Session
2006-07, The Business Appointment Rules, HC 651, First Report
of Session 2008-09, Lobbying: Access and influence in Whitehall,
HC 36-I, Third Report of Session 2012-13, Business Appointment Rules,
HC 404 [incorporating HC 1762-i-v, Session 2010-12] and First
Special Report of Session 2014-15, Business Appointment Rules: Government Response to the Committee's Third Report of Session 2012-13 Back
4
Liaison Committee, First Report of Session 2007-08, Pre-appointment hearings by select committees,
HC 384, Annex B and Pre-appointment hearings by select committees: Government Response to the Committee's First Report of Session 2007-08 Back
5
Advice is provided to the Foreign Secretary if the applicant
is from the diplomatic service, the Defence Secretary for most
Ministry of Defence staff, to the First Ministers of Scotland
and Wales in the case of the Devolved Administrations, or the
relevant Permanent Secretary if the applicant is a special adviser. Back
6
Cabinet Office, Ministerial Code, May 2010 Back
| 
