Appendix One: Correspondence following the hearing
Letter from the Chair of the Committee to the Secretary of State re the Appointment of the Chair of the Charity Commission, dated 20 February 2018
Dear Secretary of State,
Appointment of the Chair of the Charity Commission
The Committee held a pre-appointment hearing with the Government’s preferred candidate for the Chair of the Charity Commission, Baroness Stowell, this morning. I am sorry to report that we cannot support the Government’s nomination.
This is the first time that this Committee has not supported the Government’s candidate, and it is not a decision that we have taken lightly. The Committee was unanimous in its view that, for four reasons, Baroness Stowell should not be appointed:
- Experience: Baroness Stowell has little more than 6 months of negligible charity sector experience, and a complete lack of experience of working for a regulatory body. According to the Government’s Code on Public Appointments, individuals selected by Ministers for public appointments must possess the “skills, experiences and qualities […] to meet the needs of the public body or statutory office in question.” In addition to this, Baroness Stowell was unable to demonstrate to the Committee any real insight, knowledge or vision for the charities sector.
- Neutrality: the candidate was a longstanding Government Minister less than two years ago. The fact that Baroness Stowell had a political career is not itself a bar, and the candidate has publicly committed to giving up the Conservative Whip upon appointment. However, her political past is a source of concern for the Committee and those within the charity sector. As the umbrella body for voluntary organisations, NCVO, told us in written evidence, “perceived independence – being seen to be independent – is just as important as actual independence. Charities cannot afford for their regulator to be anything other than beyond all suspicion.”
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The recruitment process: our concerns here are twofold:
- The process has lacked transparency and has been protracted. A hearing was set up at your Department’s behest for 12 December 2017. The Committee clerk was told in a phone-call on 5 December that the announcement of the preferred candidate was imminent. However, the then Secretary of State, Rt Hon Karen Bradley MP, wrote to the Committee on 6 December informing us that the process “is taking slightly longer than we anticipated.” No further communication took place until mid-January. While we have been told that two other candidates were deemed appointable, we have not been given their names (despite Committee staff seeking this information.) We would like to request this information again: ie. the names of the other appointable candidates, and why Baroness Stowell was chosen over them?
- On 19 December, the Committee wrote to you explaining that we thought it regrettable that candidates for public roles of the kind we scrutinise apparently continue to be drawn from a narrow group of establishment figures. Baroness Stowell claimed to be a “veteran outsider” and yet she has been Leader of the House of Lords, Head of Corporate Affairs at the BBC, and Deputy Chief of Staff to the Leader of the Conservative Party. This does not strike us as the CV of an “outsider.”
- Performance: Cabinet Office Guidance on Pre-Appointment Scrutiny stipulates that “The candidate will need to be able to withstand parliamentary and public scrutiny should they take up post and the Committee may wish to test this.” On this occasion, it is our judgment that Baroness Stowell was unable to withstand scrutiny. Members asked fair questions that gave the candidate the opportunity to demonstrate her knowledge, skills and experience. Indeed, several Members made proactive efforts to tease out relevant examples of her interest in, and vision for, the sector, and were disappointed to receive answers that were often lacking in detail or relevance.
Our full report, and reasoning, will follow. I hope you will take the Committee’s considerations into account.
DAMIAN COLLINS MP, CHAIR, DCMS COMMITTEE
Response from the Secretary of State to the Chair of the Committee re the Appointment of the Chair of the Charity Commission, dated 21 February 2018
Dear Damian
Thank you for your letter of 20 February following on from Baroness Tina Stowell’s pre-appointment hearing as the preferred candidate for the Chair of the Charity Commission.
I have considered your response and the reasoning for the Committee’s recommendation very carefully but remain convinced that the best candidate has been selected for the role.
Baroness Stowell was selected as the preferred candidate following a fair, open and transparent competition - a process which is regulated by the Office for the Commissioner for Public Appointments (OCPA) and is in line with the Cabinet Office Governance Code for Public Appointments.
The advisory assessment panel included two independent members, one of whom is a respected charity sector expert. The panel assessed all candidates against the criteria as set out in the role specification. I confirm that the panel unanimously agreed the outcome that Baroness Stowell was not just the most qualified candidate, but is an exceptionally strong candidate for this role. They noted that she delivered an excellent presentation which was well structured and spanned a wide range of issues, evidencing an ability for clear strategic oversight. They were also impressed by the high degree of emotional intelligence and personal integrity that Baroness Stowell displayed.
You will be aware that this is a critical time for the Charity Commission and the charity sector as a whole. There is evidence of declining public trust in the face of recent revelations, and strong leadership from the Charity Commission is an urgent imperative. Like her predecessor, who was an exceptional Chairman, Baroness Stowell does not have strong connections to the charity sector. But there is no evidence that this is a weakness. After all this is a crucial regulatory role and a fresh perspective is very valuable. The Commission itself is packed with sector expertise.
Baroness Stowell set out a clear vision of how she plans to build upon the excellent progress made at the Commission by William Shawcross, by ensuring a robust approach as a regulator while encouraging and supporting charities to deliver their services to high standards. This firm but collaborative approach is critical to supporting charities to deliver, and ensuring that any problems, where discovered, are properly dealt with. I am confident that Baroness Stowell will build on this by working with charities to restore public trust.
Baroness Stowell is absolutely clear about the need to be seen as impartial leader and the need to demonstrate a commitment to working only in the public interest. I have every confidence that she will work tirelessly to protect and promote the great work that charities do and ensure they uphold the highest standards of integrity.
The Rt Hon Matt Hancock MP
Letter from the Chair of the Committee to the Secretary of State re the appointment fo the Chair of the Charity Commission, dated 22 February 2018
Dear Secretary of State,
Thank you for your letter of 21 February stating that Baroness Stowell remains the Government’s preferred candidate for the role of the Chair of the Charity Commission. We were disappointed that the concerns raised by the Committee were dismissed so swiftly.
In our letter to you regarding Baroness Stowell’s proposed appointment, we set out four points of contention relating to her lack of relevant experience; perceived lack of political neutrality; the recruitment process; and performance in front of the Committee. Your letter does not address the substance of these points. We would ask that you provide a fuller response that addresses each of our point in writing to the Committee.
We would also like to note that in your statement to the press you asserted that ‘Select Committee advisory decisions have often been set aside by appointing Ministers’. In fact, such action is unusual, having happened only three times out of nine negative committee reports, following over 100 pre-appointment hearings.
We would also like to put following additional questions to you, in order to help the Committee better understand the process that led to the selection of Baroness Stowell as the Government’s preferred candidate to be Chair of the Charity Commission.
- Can you confirm that the role of the interview panel was simply to assess which candidates were appointable, and not to indicate which one should be appointed? Can you confirm that the final decision on who should be appointed was a decision for Ministers to make?
- Did your Department recommend to 10 Downing Street the appointment of any other candidate for the role of Chair of the Charity Commission to succeed Sir William Shawcross, prior to recommending Baroness Stowell - either before or since your appointment as Secretary of State?
- Since she left the Government in 2016, has Baroness Stowell been offered or recommended for any other public appointments by the Department?
- Were any candidates with regulatory and/or charities experience interviewed? If so, why was the preferred candidate was chosen ahead of them?
We would appreciate answers to these questions by noon on Monday 26 February, following which we will issue a report setting out in further detail our reservations about the appointment.
DAMIAN COLLINS MP, CHAIR, DCMS COMMITTEE
Letter from the Secretary of State to the Chair of the Committee re the recruitment process for the role of Charity Commission Chair, dated 23 February 2018
Thank you for your letter of 22 February regarding the recruitment process for the role of Charity Commission Chair.
As I said in my previous letter, the recruitment process was conducted fully in accordance with the Governance Code for Public Appointments. Peter Riddell, the Commissioner for Public Appointments has confirmed this. The advisory assessment panel’s report identified appointable candidates and their assessment of each candidate. Obviously it would be completely inappropriate for me to give further personal details. As the appointing Minister, I have the final decision of who is appointed to the role.
You may have seen that one of the advisory assessment panel’s independent members, Julia Unwin, has said publicly that the process was both rigorous and fair, that Baroness Stowell was an outstanding candidate on the day, and that the panel was unanimous in this assessment.
Baroness Stowell has never claimed to possess significant experience of working in charities. This was not an essential criteria within the role description. She does, though, have significant executive and Government experience, including at the highest level. Baroness Stowell will bring a wealth of relevant expertise and experience, including regulatory experience, and will bring a fresh perspective to the role of Charity Commission Chair. That is very important, especially now.
As you know, past political activity should be no bar to a public appointment. However, I do understand that her previous position as a Conservative Peer and Cabinet Minister has prompted questions about her ability to undertake the role independently and impartially. She has publicly committed to do so, acting only in the public interest. I have every confidence that she will. Of course she will be accountable to the Committee for this once she takes up the Chair post and I expect she would welcome the parliamentary scrutiny and accountability.
Baroness Stowell was the best and right candidate for the role and I am sure will be an excellent Chair of the Charity Commission.
The Rt Hon Matt Hancock MP
27 February 2018