Decision

Summary of business appointments applications - Bernard Galton

Updated 10 February 2016

Bernard Galton left his role as Director General in the Welsh Government in August 2014.

1. Non Executive Director, Joint Venture between local authorities and Capita

Mr Galton asked for the Committee’s advice retrospectively about taking up a part-time, paid appointment as a non-executive director in a company set up to pursue a joint venture (JV) between three Welsh local authorities and Capita Property and Infrastructure.

The Committee noted with concern that Mr Galton’s application had been submitted some time after he had accepted and taken up the appointment. Although unwilling to give retrospective approval for the appointment, the Committee was willing to provide the Welsh Government with a view on this occasion due to the extenuating circumstances in this case.

Mr Galton’s role is to develop the JV Board and to bring his personal experience of operating at Board level to improve the way the Board and its governance operates. The Committee noted his assurance that he does not does have, and has not had, responsibility for lobbying Government, and that he will not become involved in any procurement activity that Capita P&I may engage in with either the public or private sectors.

Additionally, both he and the Welsh Government confirmed that he did not have any direct contractual dealings with Capita P&I (nor did he have official dealings with competitors) during his last two years of service nor was he responsible for people who had.

Had the appointment not been taken up before the Committee could offer its advice, it would have advised that it saw no reason why he should not take up the appointment subject to the restrictions in the rules on drawing on privileged information and lobbying Government. The Committee noted Mr Galton’s assurances that he has honoured these conditions to date and will continue to do so.

The letter containing the Committee’s views was sent in February 2016.

2. Strategic Consultant, Green Park Ltd

Bernard Galton asked for the Committee’s advice about taking up a part-time, paid appointment with Green Park Limited, having left Crown service in August 2014.

The Committee noted that Mr Galton stated that the appointment is not likely to include any contact or dealings with the Welsh Government. However, Mr Galton has had direct contractual dealings with Green Park. An executive search contract for the Welsh Government was awarded to Green Park in June 2013 at a value of £1.25m. The HR Director was immediately responsible for letting the contract, but Mr Galton sat on the decision-making panel through the competitive tender exercise. The tender process and awarding of the contract to Green Park was handled by the HR Senior Civil Service Team. Whilst they were in Mr Galton’s line management chain they did not report directly to him but to the HR Director.

The Committee noted that Mr Galton did not have access to sensitive information relating to competitors of Green Park except that which would have been provided to him as a member of the tender panel for the awarding of the contract. This would have been information relating to the specific questions that were asked of all those tendering for the contract rather than of a more general commercially valuable or sensitive nature. He will have had access to information about others who had contracts to provide services to Welsh Government in other disciplines (such as ICT). These would not have been competitors of Green Park. He would not have been involved in any policy development or decisions which would have affected Green Park or its competitors.

Other than this, Mr Galton stated that he has not had any official contact with Green Park. He further states that he would not be working on any assignment within Wales.

The First Minister accepted the Committee’s recommendation that the application be approved subject to the conditions that:

• there is a waiting period of 6 months from his last day of Crown service;

• Mr Galton should not draw on privileged information available to him as a Crown servant and

• for two years from his last day of service, Mr Galton should not become personally involved in lobbying the Welsh Government on behalf of his new employer or its clients.

The letter containing the final advice was sent in January 2015 and he took up the appointment in May 2015.

3. Strategic Adviser, Sapienti Consulting

Bernard Galton asked for the Committee’s advice about taking up a part-time, paid appointment with Sapienti Consulting, having left Crown service in August 2014.

The Committee considered that fact that appointment is not likely to include any contact or dealings with the Welsh Government. Mr Galton has not had any contractual or official dealings with Sapienti.

The Committee took into account that Mr Galton has not had access to any commercially sensitive information about any competitors of Sapienti. He has not been involved in the development or administration of any Welsh Government policy which affects Sapienti or its competitors or the award of grants affecting Sapienti or its competitors.

The First Minister accepted the Committee’s recommendation that the application be approved subject to the conditions that

• Mr Galton should not draw on privileged information available to him as a Crown servant and

• for two years from his last day of service, Mr Galton should not become personally involved in lobbying the Welsh Government on behalf of his new employer or its clients.

The letter the final advice was sent in September 2014 and he took up the role later that month.