Decision

Advice Letter: Emma Haddad, Trustee of the UK Section Board, Amnesty International UK

Updated 21 August 2023

1. BUSINESS APPOINTMENTS APPLICATION FOR ADVICE: Dr Emma Haddad, former Director General Asylum and Protection at Home Office. Unpaid appointment with Amnesty International UK.

Dr Haddad 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 unpaid role she wishes to take up with Amnesty International UK (AIUK).

The purpose of the Rules is to protect the integrity of the government. The Committee has considered the risks associated with the actions and decisions made during Dr Haddad’s time in office, alongside the information and influence she may offer AIUK. The material information taken into consideration by the Committee is set out in the annex.

The Committee’s advice is not an endorsement of the appointment - it imposes a number of conditions to mitigate the potential risks to the government associated with the appointment under the Rules.

The Rules 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 advice

When considering this application, the Committee took into account Dr Haddad’s role as Trustee is unpaid. Generally, the Committee’s experience is that the risks related to unpaid roles are limited. The purpose of the Rules is to protect the integrity of the Government by considering the real and perceived risks associated with former ministers joining outside organisations. Those risks include: using privileged access to contacts and information to the benefit of themselves or those they represent. The Rules also seek to mitigate the risks that individuals may make decisions or take action in office to in expectation of rewards, on leaving government. These risks are significantly limited in unpaid cases due to the lack of financial gain to the individual.

As Director General for Asylum and Protection, Dr Haddad had limited contact with AIUK as a stakeholder, and may have made decisions that might be seen as indirectly impacting the work of AIUK. Dr Haddad made no specifically impacting the organisation and the unpaid nature of this appointment limits any perceived risk here. Additionally, Dr Haddad applied for this position and was offered the role after a fair and open competition.

AIUK also aims to influence government policy in order to improve human rights and the Home Office has noted the risk of Dr Haddad’s ability to unfairly advantage the organisation if she were involved in lobbying the government. However, Dr Haddad has confirmed she will not have contact with the government in this role and is inwardly focused. Given the unpaid nature of the case the risks associated with her contacts and influence are mitigated by the Committee’s agreed standard conditions.

3. The Committee’s advice

The Committee did not consider this appointment raises any particular proprietary concerns under the government’s Business Appointment Rules. Whilst there are inherent risks associated with Dr Haddad’s access to sensitive information and contacts, the standard conditions below, preventing her from drawing on her privileged information and using her contacts to the unfair advantage of her new employer, will sufficiently mitigate in this case.

Taking into account these factors, in accordance with the government’s Business Appointment Rules, the Committee advises this appointment with Amnesty International UK be subject to the following conditions:

• she should not draw on (disclose or use for the benefit of yourself 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 its arms’ length bodies on behalf of Amnesty International UK (including parent companies, subsidiaries, partners and clients); nor should she make use, directly or indirectly, of her contacts in the government and/or Crown service to influence policy, secure business/funding or otherwise unfairly advantage Amnesty International UK (including parent companies, subsidiaries, partners and clients); and

• for two years from her last day in Crown Service, she should not undertake any work with Amnesty International UK (including parent companies, subsidiaries, partners and clients) that involves providing advice on the terms of, or with regard to the subject matter of a bid with, or contract relating directly to the work of, the UK government or its arms’ length bodies.

The advice and the conditions under the government’s Business Appointment Rules relate to an individual’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 individual’s 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 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.”

Dr Haddad must inform us as soon as she takes up or announces this work. She must also inform us if she proposes to extend or otherwise change the nature of his work as, depending on the circumstances, it may be necessary for her to make a fresh application.

Once the appointment has been publicly announced or taken up, we will publish this letter on the Committee’s website, and where appropriate, refer to it in the relevant annual report.

4. Annex - Material information

4.1 The role

Amnesty International is an international non-governmental organisation focused on human rights, with its headquarters in the United Kingdom. The website states that ‘as a global movement of more than 10 million people, Amnesty International is the world’s largest grassroots human rights organisation’. They investigate and expose abuses, educate and mobilise the public, and help transform societies to create a safer, more just world. Amnesty International UK is a national section of this global movement.

Dr Haddad stated her role as Trustee of the UK Section Board with Amnesty International UK (AIUK) is unpaid and part time.

Dr Haddad stated that the role of the trustees is to work with AIUK’s senior management to provide leadership and governance to the Section and:

• Ensuring AIUK sets priorities and strategies that are consistent with those set by Amnesty International’s global movement and take into account the views of AIUK’s membership

• Monitoring the implementation of these strategies and holding the senior management accountable for the implementation of annual business plans and running of an effective and efficient administration.

• Ensuring compliance with legal, statutory and regulatory responsibilities

• Ensuring all parts of the Section act within the constraints of its constitution

• Ensuring that AIUK’s governance is at the highest possible standard

• Guarding the long-term future of AIUK, holding it and its assets in trust for the benefit of current and future beneficiaries, ensuring resources are applied in pursuance of AIUK’s objects

• Being responsible for AIUK and its culture

• Reviewing and approving financial strategies and monitoring income and expenditure, to ensure he Section is in good financial health

• Managing risk (including legal, security, reputational) and determining risk appetite

• Ensuring staff, volunteers and members are properly supported and making full use of their skills and abilities in achieving the Section’s goals

• Providing support and oversight so that AIUK delivers its policies and goals in inclusion, diversity, equity and anti-racism 5

• Monitoring the human resources and organisational development strategies and their implementation

• To help the Chair, Vice Chairs and Treasurer to supervise the Chief Executive by participating in the Chief Executive’s annual objective setting and performance assessment

• Valuing the contribution that children and young people make to Amnesty International by listening to and respecting their contribution.

Dr Haddad said her role will not involve contact with government.

Dr Haddad said she applied for the role through an advertised post.

4.2 Dealings in office

Dr Haddad advised the Committee that she met with Amnesty International UK as they are a member of the Home Office’s Asylum Stakeholder Engagement Group, which is made up of third sector organisations with an interest in issues relating to refugees and asylum. She did not attend this group regularly, but went once or twice in her role as DG Asylum and Protection to update the group on specific things such as the evacuation from Afghanistan in summer 2021.

Dr Haddad advised the Committee she did not make any policy or regulatory decisions specific to AIUK, nor any funding or commercial decisions and she did not meet with their competitors in her role as DG Asylum and Protection.

4.3 Departmental Assessment

The Home Office confirmed the details Dr Haddad provided.

The Home Office confirmed that AIUK were a stakeholder in the policy area covered in Dr Haddad’s previous role. The department also stated she would have had involvement in decisions on policy areas where AIUK was lobbying the Government. These decisions would not always have been in line with AIUK’s preferred approach.

Home Office confirmed that AIUK are a significant stakeholder on matters relating to asylum and immigration. They frequently lobby government and the Home Office. Further, The Home Office has no contractual relationship with AIUK and stated it does not believe that this appointment could be viewed as a reward.

The Home Office stated that AIUK is a non-profit so it does not have competitors in the commercial sense of bidding for government contracts. The Home Office stated that Dr Haddad will have had knowledge of broader Home Office strategic thinking on matters relating to asylum and immigration. As a lobbyist, this could give AIUK a 6 competitive advantage as it would improve their effectiveness as a lobbying organisation.

The Home Office did not have concerns with the appointment, but reiterated the importance of Dr Haddad not using her previous role in office to provide AIUK with an unfair advantage as a lobbying organisation.

The Home Office recommended the standard conditions.