Letter from ACOBA to the Cabinet Office regarding breach of the Rules (My Death, My Decision)
Published 19 February 2025
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Dear The Rt Hon Pat McFadden MP,
I am writing to you in my capacity as Chair of the Advisory Committee on Business Appointments (ACOBA) regarding a failure to follow the government’s Business Appointment Rules (the Rules) by Ms Dehenna Davison. This is outlined in the correspondence ACOBA has exchanged with Ms Davison, set out in the annex.
The Committee is independent, with a remit to consider applications received under the Rules, consider the risks and advise on the conditions that should apply.
The Business Appointment Rules (the Rules) are set by the government, with the policy owned by the Cabinet Office. The requirement for former ministers to seek and abide by ACOBA’s advice is set out clearly in the Ministerial Code, including specifically that: ‘…Former Ministers must ensure that no new appointments are announced, or taken up, before the Committee has been able to provide its advice.’
Ms Davison has acknowledged that she made a mistake and should have sought advice before signing a contract and apologised for her failure to do so. Failure to await advice in this case is a breach of the government’s Rules. Although breaches of the Rules remain a very small proportion of the casework ACOBA sees, they are most often caused by a lack of clarity by the applicant on the various processes and obligations that exist. In this case, as the two year period is fundamental to the Rules, her failure is simple forgetfulness. I do however remain concerned that not all former Ministers and Crown servants of the Crown are sufficiently clear on the various standards of behaviour, rules and legislation that are incumbent on them. What action you now take is a matter for the government.
It is the Committee’s policy to act transparently, including making public any failure to follow the Rules that it is made aware of - correspondence on this matter will be published on our website.
The Rt. Hon Lord Pickles
Copied to: The Rt Hon Nick Thomas-Symonds MP, Minister for the Cabinet Office; Darren Tierney Director General, Propriety and Ethics, Cabinet Office.