Decision

Advice letter: Lieutenant General Sir Tyrone Urch, commission with Jacobs Engineering Group

Published 6 December 2021

1. BUSINESS APPOINTMENT APPLICATION: Lieutenant General Tyrone Urch, commission with Jacobs Engineering Group.

Lieutenant General Tyrone Urch (Lt Gen Urch), former Commander, Home Command & Standing Joint Command in the UK, 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 his proposal work with Jacobs Engineering Group (JEG) under his independent consultancy. 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 Lt Gen Urch’s time in office, alongside the information and influence he may offer JEG.

The Committee considered whether this appointment was unsuitable given his former role as Commander with the Ministry of Defence (MOD), but the Committee must also consider the information provided by the department about his specific dealings with this employer and the sector. The Committee has advised that a number of conditions be imposed to mitigate the potential risks to the government associated with this appointment under the Rules; this does not imply the Committee has taken a view on the appropriateness of this appointment for a former Commander at the MOD in any other respect.

The Rules set out that Crown servants must abide by the Committee’s advice^{[footnote 1]}. 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

The Committee^{[footnote 2]} considered this commission to be consistent with the description of Lt Gen Urch’s consultancy which he described as ‘…aimed at Non- Executive advisory roles in non-defence sectors and comprise of leadership, team building, mentoring, project delivery, and construction programming advice’. It noted that whilst this commission does not involve giving any defence-related advice, it is nevertheless a commission for an organisation which does operate in the defence sector. As a consequence, a wait period and additional conditions are recommended as explained below.

When considering this application the Committee noted Lt Gen Urch had no official dealings with JEG and was not involved in any funding or contractual dealings with JEG. Therefore the risk is low that this commission was offered as a reward for actions taken while in service.

The Committee noted this specific role with JEG does not overlap with Lt Gen Urch’s time in service. However, the Committee noted, given his role as a senior member in the MOD at the centre of Joint Command, there is a risk associated with his access to privileged information, particularly around MOD operations. This information may provide an unfair advantage to JEG especially as it operates in the defence sector. This risk is limited as Lt Gen Urch has confirmed he will not be giving any defence-related advice whatsoever. However, given the overlap between JEG and defence, the Committee agreed with the MOD’s recommendation that this piece of work should be made subject to an additional restriction that prevents Lt Gen Utch advising JEG on the UK defence market. Due to this overlap the Committee also felt it was necessary to put a gap between his access to information and time in the MOD and him joining JEG. The Committee considered applying a waiting period in this case but recognised the opportunity for him to offer an unfair advantage is limited, given: the limitations to his role at JEG; that he is prevented from drawing on such information by the conditions below. Importantly JEG confirmed that he will have no involvement in defence work. It confirmed its business streams are separated and to manage this: his role and management structure will be separate from the defence business stream so he will have no contact with it - and this will be reviewed regularly via conflict of interest arrangement.

There are also inherent risks attached to his network of contacts across the UK government, especially as there is a contractual relationship between JEG and the MOD. However, the conditions below include a ban on lobbying the UK government and the MOD and a restriction on providing advice on the terms of, a bid or contract relating directly to the work of the UK government and the MOD, to mitigate the potential for unfair advantage to his clients if they apply for contracts or funding from the government.

Although this application has been made before Lt Gen Urch has left office the Committee is prepared to provide advice now. However, the Committee wishes to make clear its recommendation is made on the basis of the information provided. If Lt Gen Urch should become aware of any circumstances that would be relevant to his application and this advice, in the gap between receiving this advice and taking up this role, he should revert to the Committee for further advice.

The Committee’s advises, under the Government’s Business Appointment Rules, that this appointment, with Jacobs Engineering Group, should be subject to the same conditions which were previously applied to his independent consultancy (and the additional condition which follows below):

• 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, the UK MOD or any of its Arm’s Length Bodies on behalf of those he advises under his independent consultancy (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 those he advises under his independent consultancy (including parent companies, subsidiaries, partners and clients);

• for two years from his last day in Crown service he should not provide advice to any company or organisation on the terms of, or with regard to the subject matter of, a bid or contract with, or relating directly to the work of the UK government, the UK MOD and its trading funds or any of its Arm’s Length Bodies; and

• for two years from his last day in Crown service, before accepting any commissions for his independent consultancy and or/before extending or otherwise changing the nature of his commissions, he should seek advice from the Committee. The Committee will decide whether each commission is consistent with the terms of the consultancy and consider any relevant factors under the Business Appointment Rules.

In addition, the Committee considered this commission with Jacobs Engineering Group be subject to the following condition:

• For two years from his last day in Crown service, he should not advise Jacobs Engineering Group on the UK defence sector.

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 Lt Gen Urch takes up employment with this organisation, or if it is announced that he 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 he has complied with the Rules.

Please also inform us if Lt Gen Urch proposes to extend or otherwise change the nature of his consultancy 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.

2.1 Annex - Material information

3. The role

Jacobs Engineering Group (JEG)’s website says it is an American international technical professional services firm. The company provides technical, professional and construction services, as well as scientific and specialty consulting for a broad range of clients globally, including companies, organisations, and government agencies.

In regards to the MOD the website states ‘With a focus on long-term and ongoing client relationships, Jacobs offers an extensive range of program support capabilities to defense agencies that include… U.K. Ministry of Defence… along with other government agencies, defense contractors and suppliers across the globe.’

Lt Gen Urch said he would offer JEG leadership and project delivery advice - this role will not be involved with the defence sector.

JEG was asked by the Committee how it will manage the conditions placed on Lt Gen Urch, in particular given its business operates in defence, which he is prevented from working on. JEG told the Committee its business is split into two lines of business;

• People & Places Solutions– which covers infrastructure and buildings and is where Lt Gen Urch will support

• Critical Mission Solutions – which covers aerospace, nuclear and defence which Lt Gen Urch will have no involvement with.

JEG confirmed that Lt Gen Urch would have ‘zero involvement in’ its Critical Mission Solutions business. JEG said that its Vice President of Major Projects and Programmes and its Head of People and Places Solutions will be Lt Gen Urch’s ‘…sole points of contact and will be the only people who can direct him onto specific activities. We will also ask [Lt Gen Urch] to log each month if he does come into contact from [Critical Mission Solutions] in a Conflict of Interest book…’ reviewed on a monthly basis.

4. Dealings in office

Lt Gen Urch advised the Committee he did not meet with JEG while in service. He confirmed there was a contractual relationship between his former department, the MOD, and JEG. However, he said he was not involved in any commercial or contractual decisions relating to JEG. He also told the Committee he did not have any involvement in any relevant policy development or decisions that would have affected JEG nor did he have access to sensitive information. He also confirmed he did not meet with competitors of JEG.

5. Department Assessment

The MOD provided their views on this application. It confirmed the details provided by Lt Gen Urch and stated it had no concerns with the appointment.

It recommended the appointment be subject to the same conditions attached to his consultancy and also recommended an extra condition of preventing Lt Gen Urch from advising JEG on the UK defence market. It said although his role is not envisaged to be defence-related, JEG has a contractual relationship for supply of services into the MOD.

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; The Rt Hon Lord Pickles; Richard Thomas; Mike Weir; Lord Larry Whitty and Dr Susan Liautaud. Isabel Doverty was unavailable. ↩