Decision

Summary of business appointments applications - Gregory Bagwell

Published 19 July 2017

Air Marshall Gregory Bagwell left his role as Deputy Commander Operations, Air Command at the MOD in May 2016. He left Crown service in December 2016.

1. Independent Consultancy

Air Marshal Bagwell sought advice on establishing an independent consultancy to provide general aerospace related advice, such as: assisting companies with delivering current contracts; providing horizon scanning about issues and risks for the future, based on his personal views rather than having knowledge of planned RAF requirements. He would not be involved in negotiating contracts themselves.

When considering this application, the Committee noted that Air Marshal Bagwell had spent his RAF career in operations and had never been involved in procurement. Although he had personal views on RAF requirements as a user he had never had any involvement in, or knowledge about, detailed plans on procurement. The Committee took into account the fact that the Countersigning Officer, Commercial Head and MOD panel raised no concerns about the new role, or the general aerospace consultancy, subject to conditions on lobbying and advising on bids or contracts relating to the MOD.

The Committee felt that although Air Marshal Bagwell had not been involved contracting and procurement, there was still a perception risk with him establishing an aerospace consultancy immediately after leaving Crown service, and that a waiting period should therefore apply. Given the time elapsed between last day in post and last day of Crown service, the Committee thought it appropriate for the waiting period to run from last day in post in this case.

The Secretary of State for Defence accepted the Committee’s advice that, under the Business Appointment Rules, the consultancy be subject to the following conditions:

• a waiting period of six months from his last day in post (i.e. until 27 November 2016);
• that he should not draw on (disclose or use for the benefit of himself or the organisations to which this advice refers) any privileged information available to him from his time in Crown service;
• for two years from his last day in Crown service, he should not become personally involved in lobbying the UK Government on behalf of any of his clients or those he advises, nor should he make use, directly or indirectly, of his Government and/or Crown service contacts to influence policy or secure business on behalf of his clients;
• for 12 months from his last day of service he should not undertake any work as a consultant which involves providing advice to any company or organisation on the terms of a bid or contract relating directly to the work of the MOD or its trading funds; and
• for two years from his last day of service, before accepting any new commission he should make a case directly to the Committee to confirm that each individual commission he wishes to undertake would be consistent with the terms of the consultancy. (If, after enquiry, the Committee takes the view that a commission is, or may be, outside the terms of the consultancy he will be expected to submit a fresh application).

The Committee provided its advice on this application in September 2016.

2. Commissions

Under his general aerospace related consultancy, Air Marshal Bagwell has since taken up commissions with:

• KPMG, the Committee’s advice letter was sent in November 2016.
• Martin-Baker, the Committee’s advice letter was sent in November 2016.
• QI Results, the Committee’s advice letter was sent in December 2016.
• Cobham, the Committee’s advice letter was sent in June 2017 and the work was taken up the following month. In addition to the conditions that apply to his independent consultancy, the Committee decided that, given the contractual relationship between Cobham plc and the MOD, it would be appropriate to extend the 12-month ban on providing advice in relation to the terms of a bid or contract relating directly to the work of the MOD to two years for this particular Commission.