Decision

Advice letter: John Manzoni, Advisor, Newton Europe

Updated 11 August 2021

1. BUSINESS APPOINTMENT APPLICATION: Sir John Manzoni, Newton Europe

Sir John former Chief Executive of Civil Service and former Permanent Secretary for the Cabinet Office, has 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 he wishes to take up with Newton Europe (Newton) as a Advisor. The material information taken into consideration by the Committee is set out in Annex A.

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 time in office, alongside the information and influence a former Crown servant may offer Newton.

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 consideration of the risks presented

When considering this application, the Committee^{[footnote 1]} noted that Sir John did not meet with Newton during his time in service and he did not make any decisions directly affecting Newton. Therefore, the Committee considered it unlikely this position should be perceived as a reward for decisions made or actions taken from his time in office.

As the former Chief Executive of Civil Service and Permanent Secretary for the Cabinet Office, the Committee noted he would have had access to general privileged information which may be seen to be of general use to any company he chooses to join. Specifically the Committee noted due to his role he would have access to sensitive information regarding the government’s planning around the impact of the UK’s departure from the EU. The Committee recognised any company operating in the UK and internationally may be considered to be gaining from his insight unavailable to its competitors (such as insight into possible approaches to future trade agreements). However, the Committee noted the length of time that has passed and the Cabinet Office has no concerns regarding this. Moreover, he has confirmed the role will not include use of privileged information gained in post. Further, the Committee noted Sir John left office before the UK’s departure. The Committee would draw Sir John’s attention to the restriction on using privileged information imposed below. The Committee considered that in this context he should specifically avoid giving his new employer privileged insight into the UK’s negotiating strategy post its departure from the EU. The Committee would also draw Sir John’s attention to the bids and contracts ban below, which prevents the use of any commercial information gained in post to the unfair advantage of Newton or its clients.

Additionally, the Committee noted due to Sir John’s seniority and influence at the centre of the Government, there is a risk it could be perceived his network and influence might assist Newton unfairly. The Committee would draw Sir John’s attention to the standard lobbying restriction. As with the aforementioned conditions, the Committee noted this was in keeping with his role as described.

Sir John will be advising consultants on their clients. As such, the Committee also noted that Newton’s potential clients are unknown and there is a risk he may be asked to advise clients who were affected by matters of policy that relate to policy areas he had direct involvement in or clients he had contact with whilst in service. Given this could cause possible unfair advantage, the Committee imposed a specific condition on this appointment which makes clear that in working with Newton, Sir John should not advise Newton or its clients on work with regard to any policy he had specific involvement or responsibility for as Chief Executive of Civil Service and/or Permanent Secretary for the Cabinet Office.

3. The Committee’s advice

The Committee advises, under the Government’s Business Appointment Rules, that Sir John’s role with Newton Europe should be subject to the following conditions: • he should not draw on (disclose or use for the benefit of himself or the persons or organisations to which this advice refers) any privileged information available to him from his time in Crown service. In the context of this general provision, the Committee considers he should specifically avoid giving Newton Europe or its subsidiaries, partners or clients, privileged insight based on information from his time in Crown service into Brexit related issues, insofar as it as it pertains to UK’s negotiating strategy post its departure from the EU;

• for two years from his last day in Crown service, he should not become personally involved in lobbying the UK government on behalf of Newton Europe (including parent companies, subsidiaries, partners and clients); nor should he make use, directly or indirectly, of his contacts in the Government and/or ministerial contacts to influence policy, secure business/funding or otherwise unfairly advantage Newton Europe (including parent companies, subsidiaries, partners and clients);

• for two years from his last day in Crown service, he should not provide advice to Newton Europe (including parent companies, subsidiaries, partners and clients) 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; and

• for two years from his last day in Crown service, he should not advise Newton Europe (including parent companies, subsidiaries, partners and clients) on work with regard to any policy he had specific involvement or responsibility for as Chief Executive of Civil Service and/or Permanent Secretary for the Cabinet Office, or where he had a relationship with the company or organisation during his time as Chief Executive of Civil Service and/or Permanent Secretary for the Cabinet Office.

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.”

I should be grateful if you would inform us as soon as Sir John takes up employment with this organisation, or if it is announced that Sir John 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 Sir John has complied with the Rules.

Please also inform us if Sir John proposes to extend or otherwise change the nature of his role as, depending on the circumstances, it may be necessary for him 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 A - Material information

4.1 The role

Sir John sought the Committee’s advice on taking up a paid part-time role, with Newton Europe as an advisor. Sir John said Newton Europe provides strategic consultancy. Newton’s website states it works across a number of fields including: central government, healthcare and manufacturing.

Sir John said as advisor, there will be ‘Specifically, no direct interaction with Government, but general advice to Newton on their proposals, how they think about structuring and solving problems for their clients. General business advice about how they help solve business problems’.

4.2 Dealings in office

Sir John advised the Committee he did not meet with Newton whilst in office. His former department, Cabinet Office, has a contractual relationship with Newton, however the first contract was issued in May 2020. Sir John was unaware of a contractual relationship and he left Crown service in April 2020. He met with competitors in so far as he met with other consultancies as part of his usual duties within his roles within Crown service however he did not have any involvement in any relevant policy development or decisions that would have affected Newton and no commercial or contractual responsibilities relating to Newton specifically.

4.3 Department assessment

The Cabinet Office confirmed the details provided by Sir John and confirmed he had no access to specific, policy or other departmental information. It confirmed that contracts relating to Newton were made after Sir John’s time in Crown service and thus rendered this role could not be perceived as a reward. However, it did inform the Committee Sir John’s role was high profile and senior and that the usual restrictions on preventing use of privileged information, lobbying the government and advising on bids and contracts should be applied.

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