Decision

Advice Letter: Brandon Lewis, Adviser on the Governance Board, Civitas Investment Management

Updated 11 July 2024

1. BUSINESS APPOINTMENT APPLICATION: The Rt Hon Brandon Lewis CBE MP,former Lord Chancellor and Secretary of State for Justice and Secretary of State for Northern Ireland. Paid appointment with Civitas Investment Management.

You approached the Advisory Committee on Business Appointments (the Committee) under the government’s Business Appointments Rules for former ministers (the Rules) seeking advice on taking up a paid role as an Adviser on the Governance Board at Civitas Investment Management (CIM).

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 your time in office, alongside the information and influence you may offer CIM. 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 Ministerial Code sets out that ministers must abide by the Committee’s advice. It is an applicant’s personal responsibility to manage the propriety of any appointment. Former ministers of the Crown, and Members of Parliament, 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 of the risks present

You did not meet with CIM, nor did you make any decisions at either the Ministry of Justice (MOJ) or the Northern Ireland Office (NIO) specific to CIM. The Committee^{[footnote 1]} considered the risk that you were offered this role as a reward for decisions or actions taken in post was low.

The Committee noted there are inherent risks regarding your general access to information and influence within government as a result of your time as a minister. The risks are limited given there is no direct overlap between your government service and this proposed role. It is also relevant that you have been out of government for more than 7 months, providing a gap between your access to information and you taking up this role.

As a former minister, there are inherent risks associated with your contacts and influence within government. The Committee noted your role is internal to the organisation’s governance board and does not involve contact with government.

3. The Committee’s advice

The Committee did not consider this appointment raises any particular proprietary concerns under the government’s Rules. There are inherent risks associated with your access to sensitive information and contacts which the standard conditions below appropriately mitigate. In particular, they prevent you from drawing on your privileged information and using your contacts and influence within government to the unfair advantage of CIM.

In accordance with the government’s Business Appointment Rules, the Committee advises this role with Civitas Investment Management be subject to the following conditions:

• you 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 you from your time in ministerial office;

• for two years from your last day in ministerial office, you should not become personally involved in lobbying the UK government or its arm’s length bodies on behalf of Civitas Investment Management (including parent companies, subsidiaries, partners and clients); nor should you make use, directly or indirectly, of your contacts in the government and/or ministerial office to influence policy, secure business/funding or otherwise unfairly advantage Civitas Investment Management (including parent companies, subsidiaries, partners and clients); and

• for two years from your last day in ministerial office, you should not undertake any work with Civitas Investment Management (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 arm’s length bodies.

The advice and the conditions under the government’s Business Appointment Rules relate to your previous roles 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 your personal responsibility to understand any other rules and regulations you 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 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’. This Rule is separate and not a replacement for the Rules in the House.

You must inform us as soon as you take up employment with this organisation, or if it is announced that you will do so. You must also inform us if you propose to extend or otherwise change the nature of your role as, depending on the circumstances, it may be necessary for you 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

You described the role as a paid, part–time advisor on the Governance Board for Civitas Investment Management (CIM).

You said CIM is an investment company focused on social and affordable housing. The website states ‘CIM is a leading impact investment manager that is dedicated to achieving long-term sustainable returns for our global investors by acquiring community-focused assets that deliver positive social outcomes.’

4.2 Dealings in office

You advised the Committee you did not meet with CIM as a minister whilst in office. Further, you said you did not have any involvement in any policy development or decisions that would have been specific to CIM; had no relevant commercial or contractual responsibilities; nor access to sensitive information.

4.3 Departmental Assessment

Both the MOJ and NIO confirmed the details you provided.

Neither the MOJ nor NIO have a departmental relationship with CIM. The NIO said it was likely you shared a table at a Conservative Party summer party event on 20 June 2022, with Andrew Dawber, Group Director of CIM. However, this was a party political event with no associations or input from the NIO.

Both the MOJ and NIO had concerns regarding your access to sensitive information and recommended the standard conditions be applied to this appointment.

1. This application for advice was considered by Jonathan Baume; Isabel Doverty; Sarah de Gay; Richard Thomas; Mike Weir. Andrew Cumpsty was unavailable. The Rt Hon The Lord Pickles was recused from this application in line with ACOBA’s published Code of Practice. This letter contains the Committee’s advice, arrived at without his input and which he is sending in his capacity as Chair of the Committee. ↩