Correspondence to the Cabinet Office regarding Steve Brine's work with Sigma
Updated 22 March 2023
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The Rt Hon Steve Barclay MP Chancellor of the Duchy of Lancaster and Minister for Cabinet Office
24 January 2022
I am writing to you in my capacity as Chair of the Advisory Committee on Business Appointments (the Committee) to bring your attention to the correspondence I have exchanged with Mr Steve Brine MP, enclosed.
The Business Appointment Rules (the Rules) are set by the government, with the policy owned by the Cabinet Office. The Committee is independent, with a remit to consider applications received under those Rules, consider the risks and advise on the conditions that should apply.
It was reported in recent press articles that Mr Brine had made contact with the government on behalf of Sigma Pharmaceuticals (Sigma). Mr Brine had approached the Committee retrospectively and had not received advice on this role.
The government’s Rules (and any advice offered as a result) include provisions which seek to prevent any reasonable suggestion that a former minister’s employer may be offered unfair access or influence within the government as a result of their former role. As you will see from the correspondence enclosed, I have no doubt Mr Brine believed contacting the government on Sigma’s behalf was appropriate and you might wish to take this into consideration when formulating your view of the matter.
However, I consider there is a reasonable concern that his direct engagement with the then Minister for COVID Vaccine Deployment during the pandemic was only made available to Sigma as a direct result of Mr Brine’s time as a minister at the Department for Health and Social Care (DHSC). I do not consider it was in keeping with the letter or the spirit of the government’s Rules for a former minister at DHSC to contact a minister with responsibilities for health on behalf of a pharmaceutical company which pays him.
I am growing increasingly concerned that not all former Ministers of the Crown are sufficiently clear on the various standards of behaviour, rules and legislation that are incumbent on them. The government’s Business Appointment Rules administered by departments and the Committee relate to conflicts presented by an individual’s previous role in government and are separate to rules administered by other bodies such as the Office of the Registrar of Consultant Lobbyists or the Parliamentary Commissioner for Standards. You will see from Mr Brine’s correspondence that he has confused advice in relation to ‘consultant lobbying’ and the Rules. Having met with the Registrar in November 2021, I understand that some individuals have recently sought to draw on the government’s Business Appointment Rules and related advice in relation to the duties incumbent on them under the lobbying legislation.
The Committee’s advice letters will now make explicit reference to a former minister’s responsibility to understand any other rules and regulations they are subject to in parallel with the Committee’s advice. I understand the Registrar of Consultant Lobbyists will also be adding some clarification text to the Registrar’s formal guidance when it is next reissued.
It is the Committee’s policy to act transparently, including making public any failure to follow the Rules, or the Committee’s advice, that it is made aware of. It is now a matter for you to decide what appropriate action to take.
The Rt Hon Lord Pickles