Decision

Advice Letter: Sir Philip Rutnam, Trustee and Chair-designate, National Churches Trust

Published 13 December 2021

September 2021

1. BUSINESS APPOINTMENT APPLICATION: Sir Philip Rutnam KCB, former Permanent Secretary at the Home Office, National Churches Trust

Sir Philip 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 National Churches Trust (NCT) as a Trustee and Chair-designate. 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 time in office, alongside the information and influence a former Crown servant may offer NCT.

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 of the risks presented

When considering this application, the Committee^{[footnote 2]} took into account this role as a Trustee and Chair-designate is unpaid^{[footnote 3]}. 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 Crown servants using privileged access to contacts and information to the benefit of themselves or those they represent; and 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.

The Committee took into account that Sir Philip did not meet with NCT and there is no contractual relationship between NCT and the Home Office. Given this and the unpaid nature of this role, the Committee considered there was no evidence to suggest Sir Philip was offered this role as a reward for actions or decisions taken in office.

While this role does not overlap with Sir Philip’s time in office, the Committee noted there is a general risk he could have access to relevant privileged information and knowledge, which could unfairly benefit this organisation. The Committee noted the nature of the organisation and the unpaid nature of this appointment limits the real and perceived risk of individuals making improper use of information they had access to while in office for their personal benefit. Sir Philip also has an ongoing duty of confidentiality.

3. The Committee’s advice

The Committee did not consider this appointment to raise any particular proprietary concerns under the government’s Rules. The standard conditions below, preventing him from drawing on his privileged information and using his contacts to the unfair advantage of their new employer, will sufficiently mitigate the risks in this case. The Committee notes Sir Philip’s intention to have contact with government in his role as Chair, however he will not take up this role as Chair while he is still subject to the Rules.

Taking into account these factors, in accordance with the government’s Business Appointment Rules, the Committee advises this appointment with National Churches Trust 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;
• for two years from his last day in Crown service, he should not become personally involved in lobbying the UK government on behalf of National Churches Trust (including parent companies, subsidiaries, partners and clients); nor should he make use, directly or indirectly, of his contacts in the government and/or Crown service to influence policy, secure business/funding or otherwise unfairly advantage of National Churches Trust (including parent companies, subsidiaries, partners and clients); and
• for two years from his last day in Crown service he should not undertake any work with National Churches Trust (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.

Sir Philip must inform us as soon as he takes up employment with this organisation(s), or if it is announced that he will do so and we will publish this letter on our website.

Any failure to do so may lead to a false assumption being made about whether he has complied with the Rules.

Sir Philip must inform us if he 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(s) has been publicly announced or taken up, we will publish this letter on the Committee’s website and where appropriate refer to in the annual report.

4. Annex - Material information

4.1 The role

Sir Philip said NCT is a UK-wide charitable trust seeking to preserve historic church buildings of all Christian denominations. It aims to help maintain the UK’s heritage of Church buildings by providing grants for urgent repairs and community facilities.

Sir Philip said he would be appointed as Trustee and Chair-designate of the NCT. He would take on responsibility as Chair when the current Chair stands down in 2022, which is likely to be on a date more than two years after his departure from the Civil Service. As Trustee he will initially become more familiar with the activities of the Trust and the environment within which it operates. As Chair he said he will oversee the governance of the Trust, the operation and development of the Board, the development and execution of a new strategy to succeed the current strategy, and key relationships with third parties in order to promote the charitable objects of the Trust.

He also informed the Committee in the period between his appointment and 29 February 2022 it is possible that as a Trustee he may have some involvement in business involving the government. He said this is likely to be around the question of the preservation of historic churches and the availability or not of different types of public funding for this purpose (e.g. from the Heritage Lottery Fund, Historic England, and DCMS). He said he thinks it is very unlikely that he will be involved in business involving the Home Office. He said he expects that his role during this period is likely to include reviewing proposals and analysis generated by the NCT or others, and as a Trustee considering what if any action the NCT should take. He said when he assumes the role of Chair (expected to be after 29 February 2022) he would expect to have wider responsibilities, which may include engaging with HMG Ministers or officials from time to time to further the charitable purpose of the NCT.

4.2 Dealings in office

Sir Philip confirmed he did not have any involvement with NCT while in post. He also said he did not have access to sensitive information relevant to NCT and did not meet with competitors of NCT.

4.3 Department Assessment

The Home Office confirmed the details Sir Philip provided and confirmed he had no access to information that would provide an unfair advantage to NCT.

The Home Office confirmed it has no concerns with Sir Philip taking up this role and recommended this appointment be made subject to the standard conditions.

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

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

3. By unpaid the Committee means that no remuneration of any kind is received for the role. Applicants must declare where it is agreed or anticipated they may receive remuneration or some other compensation at some stage in the future. ↩