Decision

Advice Letter: Simone Finn, Director, FMAP Ltd.

Updated 11 July 2024

1. BUSINESS APPOINTMENTS APPLICATION FOR ADVICE: Baroness Simone Finn, former Deputy Chief of Staff at No.10. A paid appointment with FMAP Ltd.

Baroness Finn sought advice from the Advisory Committee on Business Appointments (the Committee) under the government’s Business Appointments Rules for former Crown Servants (the Rules) on an appointment she wishes to take up with FMAP Ltd as a director.  The material information taken into consideration by the Committee is set out in the annex.

The purpose of the Rules is to protect the integrity of the government. Under the Rules, the Committee’s remit is to consider the risks associated with the actions and decisions made during   Baroness Finn’s time in office, alongside the information and influence she may offer FMAP.

The Committee has advised that a number of conditions be imposed to mitigate the potential risks to the government associated with this appointment under the Rules; this does not imply the Committee has taken a view on the appropriateness of this appointment in any other respect.

The Rules^{[footnote 1]} set out that Crown servants must abide by the Committee’s advice.  It is an applicant’s personal responsibility to manage the propriety of any appointment. Former Crown servants are expected to uphold the highest standards of propriety and act in accordance with the 7 Principles of Public Life.

2. The Committee’s consideration

Baroness Finn did not meet with FMAP whilst in post and did not make any decisions regarding FMAP or its competitors while in post. The Rt Hon Lord Maude of Horsham personally (the Chairman of FMAP) carried out some work for the Cabinet Office (independently from FMAP). Further, the decision to appoint the Rt Hon Lord Maude of Horsham was made by ministers and Baroness Finn had no involvement.  It is also significant she is returning the role she previously held with FMAP, before joining government.  The Committee considered the risk she was offered this role as a reward for decisions or actions taken in office is low.

As the former Deputy Chief of Staff at No.10, due to the breadth of her work, Baroness Finn would have gained general insight and had access to information that would likely be of benefit to any organisation. The Committee recognised any company may be considered to unfairly gain insight from her time at the centre of government that is unavailable to its competitors. However, the Committee^{[footnote 2]} considered there were significant factors that help to mitigate the risks associated with her access to information:

• this is a general risk, Cabinet Office confirmed that as Deputy Chief of Staff at No.10 she had no specific responsibilities for the specific area FMAP operates in;

• Baroness Finn is returning to the same role she held with the same company before she entered government service;

• the Cabinet Office said the new administration, following the appointment of the new PM in September means the currency of any such information is likely to be degraded

• the company provides advice to overseas governments on efficiency implementation and public sector reform. This significantly reduces the risk Baroness Finn will be working on any matters that overlap with her time in government; and

• she has an ongoing duty of confidentiality.

There are significant risks associated with Baroness Finn’s potential influence, gained as a result of her time at No. 10. As Deputy Chief of Staff, Baroness Finn will have gained contacts within the UK and internationally - within other governments. As such there is a risk her network and influence might be used to assist FMAP unfairly. The Committee noted FMAP does not work within the UK and as such the risks associated are limited. However, the Committee noted there was a risk her influence and contacts outside the UK government gained in office may be seen to provide an unfair advantage to FMAP, particularly if it looked for new business.

In any such application, there are risks related to FMAP’s unknown clients - should Baroness Finnadvise clients she had contact with during government, or advising on matters she had involvement in whilst in post.

3. The Committee’s advice

The Committee would draw Baroness Finn’s attention to the conditions below which prevent her from providing an unfair advantage to FMAP in respect of any contacts gained whilst in government service, including those within international governments and external organisations.

As FMAP has clients which are unknown, the Committee considered it necessary to impose a further condition as is usual in such applications.  This makes it clear that in working with FMAP, she should not advise on work with regard to any policy she had a material role in developing or determining as Deputy Chief of Staff.

The Committee recognised the opportunity for her to offer an unfair advantage is limited, given FMAP’s work is limited to providing advice to overseas governments on efficiency and reform, the changing political circumstances and that she is prevented from drawing on such information and/or advising on specific matters. However, the Committee considered Baroness Finn’s appointment should be made subject to a three month waiting period from her last day in Crown service to put a gap between her access to information at the centre of government and taking up this role.  The Committee agreed with the Cabinet Office that this gap was sufficient mitigation in the circumstances of this case. This waiting period, alongside the conditions below, appropriately mitigates the risks under the Rules in relation to insight derived from any information she had access to as Special Adviser to the Prime Minister.

The Committee’s advice in accordance with the government’s Business Appointment Rules is that this role with FMAP Ltd be subject to the below conditions:

• A waiting period of 3 months from her last day in Crown service;

• she should not draw on (disclose or use for the benefit of herself or the persons or organisations to which this advice refers) any privileged information available to her from her time in Crown service;

• for two years from her last day in Crown service, she should not become personally involved in lobbying the UK government or any of its Arm’s Length Bodies on behalf of FMAP Ltd (including parent companies, subsidiaries, partners and clients); nor should she make use, directly or indirectly, of her contacts in the government and/or ministerial contacts to influence policy, secure business/funding or otherwise unfairly advantage FMAP Ltd (including parent companies, subsidiaries, partners and clients);

• for two years from her last day in Crown service she should not provide advice to FMAP Ltd on the terms of, or with regard to the subject matter of, a bid or contract with, or relating directly to the work of the UK government or any of its Arm’s Length Bodies;

• for two years from her last day in Crown service, she should not become personally involved in lobbying contacts she has developed during her time in office and in other governments and organisations for the purpose of securing business for FMAP Ltd (including parent companies, subsidiaries and partners);

• for two years from her last day in Crown service, she should not advise FMAP Ltd (including parent companies, subsidiaries, partners and clients) on work with regard to any policy she had a material role in developing or determining or where she had a relationship with the company or organisation during her time as Deputy Chief of Staff at No. 10.

The advice and the conditions under the government’s Business Appointment Rules relate to an applicant’s previous role in government only; they are separate to rules administered by other bodies such as the Office of the Registrar of Consultant Lobbyists or the Parliamentary Commissioner for Standards. It is an applicant’s personal responsibility to understand any other rules and regulations they may be subject to in parallel with this Committee’s advice.

By ‘privileged information’ we mean official information to which a minister or Crown servant has had access as a consequence of his or her office or employment and which has not been made publicly available.  Applicants are also reminded that they may be subject to other duties of confidentiality, whether under the Official Secrets Act, the Ministerial Code/Civil Service Code or otherwise.

The Business Appointment Rules explain that the restriction on lobbying means that the former Crown servant/Minister “should not engage in communication with Government (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.”

Baroness Finn must inform us as soon as she takes up this work or if it is announced that she will do so.  We shall otherwise not be able to deal with any enquiries since we do not release information about appointments that have not been taken up or announced.  This could lead to a false assumption being made about whether Baroness Finn has complied with the Civil Service code.  Similarly, she must inform us if she proposes to extend or otherwise change her role with the organisation as depending on the circumstances, it might be necessary for her to seek fresh advice.

Once this appointment has been publicly announced or taken up, we will publish this letter on the Committee’s website.

4. Annex - Material Information

4.1 The role

Baroness Finn said FMAP is a company providing advice to overseas governments on efficiency implementation and public sector reform. The website states in 2016 Francis Maude (Former Minister of State for Trade and Investment from 11 May 2015 to 11 April 2016) and Simone Finn founded FMAP to work with governments outside the UK to help them save money, improve services and build lasting capability. FMAP has worked with the federal governments in Canada and Australia, the government of New South Wales and a number of governments in Asia and the Middle East. The website states its focus is on the implementation of fiscal, economic and public sector reform. The website clearly states FMAP does not undertake work for the UK government or seek to do so.

Baroness Finn said she wishes to take up a paid, part-time role as director. She will be supervising staff and accounts, reviewing reports and will be managing accounts. She will have no contact with government.

4.2 Dealings in office

Baroness Finn stated she neither had any dealings with, nor met with nor made any decisions specific to the FMAP company while in office.

4.3 Department Assessment

The Cabinet Office confirmed the details provided by Baroness Finn.

The department said as Deputy Chief of Staff to the Prime Minister, Baroness Finn is in a very senior position at No. 10 and, as such, has access to a wide range of sensitive information. The Cabinet Office said given the new administration will be starting in September and HMG policy could therefore change from that point, the currency of any such information is likely to be degraded. Furthermore, Baroness Finn does not intend to take up the role for three months after leaving Crown service, meaning that the currency of her information will be further degraded by that point. In addition, the government has determined that no significant new policy will be determined before the new Prime Minister is in post which means that - by the time she takes up the role - she will not have information on new policy decisions for approximately six months. Further it noted she was returning to her former career.

The Cabinet Office said given Baroness Finn was previously employed by the company prior to joining government, the risk of this being perceived as a reward is low. The Cabinet Office stated the perception risk is ‘…therefore largely around whether the prospective employer could stand to benefit from appointing the applicant. The seniority of the applicant’s Government role as Prime Minister’s Deputy Chief of Staff, in which she would have access to a wide range of confidential and sensitive information, does pose a risk. However this is mitigated by the fact that she is not intending to take up the role until 6 December 2022, a break of 3 months, meaning that at least some of the information she had access to will no longer be current’

The Cabinet Office had no concerns with Baroness Finn taking up this role and recommended the standard conditions, noting as above that she will not be taking up the role immediately.

1. Which apply by virtue of the Civil Service Management Code, The Code of Conduct for Special Advisers, the King’s Regulations and the Diplomatic Service Code ↩

2. This application for advice was considered by Jonathan Baume; Andrew Cumpsty; Sarah de Gay; Isabel Doverty; Mike Weir and Dr Susan Liautaud. Lord Larry Whitty and Richard Thomas were unavailable. The Rt Hon Lord Pickles was recused. ↩