Decision

Advice Letter: Mark Sedwill, Member of the International Board, US Middle East Project.

Updated 4 May 2022

June 2021

1. BUSINESS APPOINTMENT APPLICATION: Lord Mark Sedwill KCMG FRGS, US Middle East Project.

Lord Mark Sedwill, former Cabinet Secretary and National Security Advisor, 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 US Middle East Project (USMEP) as a Member of the International Board. 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 USMEP.

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 advice

When considering this application, the Committee^{[footnote 2]} took into account this role as a Member of the International Board 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.

Given Lord Sedwill’s profile and seniority in government, the Committee noted he would have access to a wide range of information generally that could provide USMEP with an unfair advantage. However, the unpaid nature of this appointment limits the real and perceived risk of Lord Sedwill making improper use of information he had access to while in office for his personal benefit. Further, 8 months have passed since Lord Sedwill was in office, and he has an ongoing duty of confidentiality.

The Committee noted there may be risks associated with a former senior Crown servant advising a foreign government, not least in terms of the perception he may offer access and influence. However, the Foreign, Commonwealth and Development Office (FCDO) have confirmed it has no objection to Lord Sedwill taking up this role.

The Committee did not consider this appointment raised 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.

Taking into account these factors, in accordance with the government’s Business Appointment Rules, the Committee advises this appointment with US Middle East Project 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 US Middle East Project, 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 US Middle East Project (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 US Middle East Project (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 US Middle East Project (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.

Lord Sedwill 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.

Lord Sedwill 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.

Advisers, The Queen’s Regulations and the Diplomatic Service Code

must declare where it is agreed or anticipated they may receive remuneration or some other compensation at some stage in the future.

3. Annex - Material information

4. The role

Lord Sedwill said USMEP is a US research institute specialising in the Middle East, particularly Arab-Israel. The USMEP is an independent policy institute. Its mission is to provide non-partisan analysis of the Middle East peace process. It also presents policymakers in the United States, in the Middle East and in the larger international community with balanced policy analysis and policy options to prevent conflict and promote stability, democracy and economic development throughout the region. The USMEP pursues these goals under the guidance of an International Board. He said USMEP pursues its mission through a range of activities that include studies, periodicals and publications, conferences, consultations with heads of states in the region and collaboration with a wide range of international agencies pursuing similar goals.

Lord Sedwill said the International Board consists of public figures from the US, Europe and the region. Its role is to advise the executive team on the intellectual (but not business) direction of USMEP. It meets once a year although individuals can be consulted or involved in other activities of the Project. MS said the International Board comprises eminent personalities with extensive experience, in government and in the private sector, in dealing with the political, economic and social aspects of this critical and troubled region. He does not expect his role to involve contact with government.

5. Dealings in office

Lord Sedwill confirmed he did not meet with USMEP while in post. Lord Sedwill also confirmed he did not have any involvement in policy relevant to USMEP nor did he make any decisions affecting USMEP while in post. He also said he did not have access to sensitive information relevant to USMEP and did not meet with competitors of USMEP.

6. Department Assessment

Cabinet Office confirmed the details given in Lord Sedwill’s application and stated it had no relationship with USMEP. It said his official role was both high profile and senior, he is likely to have had access to a wide range of information about the sector in general. With appropriate conditions, this should not be an issue.

The department had no concerns with regards to this application and recommended the standard conditions.

1. Which apply by virtue of the Civil Service Management Code, The Code of Conduct for Special ↩

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

3. By unpaid the Committee means that no remuneration of any kind is received for the role. Applicants ↩