The Business Appointment Rules (ministers)

It is in the public interest that former ministers should be able to move into business or other areas of public life, and to be able to start a new career or resume a former one.

It is equally important that when a former minister takes up a particular appointment or employment, there should be no cause for any concerns on the propriety of the appointment.

The Ministerial Code places the following requirement on Welsh Ministers:

5.27 Former ministers must abide by the Business Appointment Rules and seek advice from the Independent Adviser on Ministerial Standards about any appointments or employment they wish to take up. This applies for a period of two years after leaving office.

5.28 Former ministers must abide by the advice provided by the Independent Adviser and ensure that no new appointments are announced, or taken up, before such advice has been provided. Details of the advice will be published by the Independent Adviser when a role is announced or taken up.

5.29. As a general rule, former ministers are prohibited from lobbying government or undertaking activity that could reasonably be perceived to be lobbying for a period of two years after leaving office, and they must also avoid working or advising on any bids to secure government funding or contracts during that period. At any time after leaving government, former ministers must not draw on privileged information gained in office.

The purpose of the Business Appointment Rules is to provide safeguards against suggestions of impropriety, in particular that:

• the decisions and statements of a serving minister might be influenced by the hope or expectation of future employment with a particular firm or organisation, or
• an employer could make improper use of official information to which a former minister has had access, or
• there may be cause for concern about the appointment in some other particular respect.

Former ministers are required to provide details of any proposed appointment or employment to the Welsh Government’s Independent Adviser on Ministerial Standards for a 2-year period after leaving office.

This is the case for all appointments (including consultancy work) whether they are remunerated or not. Details should be provided on the relevant form to ensure all necessary information is captured.

If necessary, the Independent Adviser will seek, in confidence, additional information from senior officials of the former minister’s department(s) about any contact with the prospective employer or its competitors and the nature of any contractual, regulatory or other relationships with them. They will also undertake their own due diligence using publicly available information if this is deemed necessary.

The Independent Adviser will also, if relevant to the proposed appointment or employment, take account of any other role that the former minister may have been (or still be) carrying out on behalf of the Government. With the former minister’s permission, the Independent Adviser may wish to contact the proposed new employer for clarification of the proposed appointment or employment and notification of the conditions that will apply to it.

The Independent Adviser will consider each request for advice about an appointment or employment on its merits, against specific tests relating to the following:

1. to what extent, if at all, has the former minister been in a position which could lay him or her open to the suggestion that the appointment was in some way a reward for past favours?
2. has the former minister been in a position where he or she has had access to trade secrets of competitors, knowledge of unannounced government policy or other sensitive information which could give his or her new employer an unfair or improper advantage?
3. is there another specific reason why acceptance of the appointment or employment could give rise to public concern on propriety grounds directly related to his or her former ministerial role?

The Independent Adviser will need to balance any points arising under these tests against the desirability of former ministers being able to move into business or other areas of public life, and the need for them to be able to start a new career or resume a former one.

Former ministers can expect the Independent Adviser to apply the following standard conditions in all cases:

• Privileged information condition - You may draw on skills and experience gained from your time in office however you must not, at any time, draw on any privileged information gained in office.
• Lobbying condition - Any contact with the government, directly or indirectly must only be where it could not reasonably be perceived as lobbying.
• Contracts and bids condition - You must not work or advise on any bids to secure governmental funding or contracts.

The Independent Adviser may advise that they see no reason why an appointment or employment should not be taken up forthwith without any further conditions than those above.

However, if they consider that public concern could be of such a degree or character, they may recommend further conditions also be applied. These could include a delay in taking up the appointment or that for a specified period the former minister should stand aside from involvement in certain activities, for example, commercial dealings with his or her former department, or involvement in particular areas of the new employer’s business.

Any conditions advised apply for a maximum of 2 years after the former minister leaves office.

Exceptionally, the Independent Adviser may advise that they view a particular appointment or employment to be unsuitable.

Lobbying

As a general principle, ministers are prevented from lobbying the government for a period of 2 years after they leave office. This means that a former minister should not engage in communication with government (including ministers, civil servants including special advisers, and other relevant officials/public office holders) – wherever it takes place - with a view to influencing a government decision, policy or contract award/grant in relation to their own interests or the interests of the organisation by which they are employed, or to whom they are contracted or with which they hold office.

This does not prohibit contacts, including at a social or party-political level which are unrelated to such lobbying.

In certain cases, due to the nature of the proposed appointment or employment, the Independent Adviser may, at their discretion, recommend that the lobbying ban need not prevent communications with government on matters that are an integral part of the normal course of business for the organisation concerned.

Waiting period

Welsh Ministers are not subject to a standard waiting period before taking up an appointment after they leave office. In certain cases, the Independent Adviser may advise that a waiting period should be applied however, depending on the nature of the appointment or role to be taken up.

Former ministers are encouraged to provide the required information as early as possible when considering accepting an appointment or offer of employment.

In all cases, information needs to be provided, and a response from the Independent Adviser received, before any appointment or offer of employment is accepted.

Retrospective applications will not normally be considered.

The Independent Adviser aims to provide their advice within 2 weeks of application. Complex cases may take longer, but in such cases, the Independent Adviser will notify the former minister concerned.

If, having received the Independent Adviser’s advice, a former minister has concerns, he or she will have an opportunity to make representations to the Independent Adviser, including an opportunity to meet with the Independent Adviser if they so wish.

All applications submitted to, and discussions held with, the Independent Adviser on Ministerial Standards will be handled in strict confidence, and will remain confidential until the appointment or employment is publicly announced or taken up, at which time the Independent Adviser will publish their advice, alongside summary details of the former minister’s last ministerial post, and the appointment or employment to be taken up. Details will be placed on the Welsh Government’s pages.

The Independent Adviser handles personal information provided to them in accordance with the General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. The Independent Adviser responds to requests for information held that is not already published in accordance with the provisions of the Freedom of Information Act 2000.

Further information on preparing and submitting an application under the Business Appointment Rules is set out under separate Guidance for Ministers available on the Welsh Government website.