Decision

Advice letter: Joanna Whittington, Vice President, British Institute of Energy Economics

Updated 5 March 2025

1. BUSINESS APPOINTMENT APPLICATION: Ms Joanna Whittington, former Director General, Energy and Security for Department for Business, Energy & Industrial Strategy. Unpaid appointment with the British Institute of Energy Economics.

Ms Whittington sought advice from the Advisory Committee on Business Appointments (the Committee) under the government’s Business Appointment Rules for Former Crown Servants (the Rules) on an unpaid role she wishes to take up with the British Institute of Energy Economics (BIEE).

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 Ms Whittington’s time in office, alongside the information and influence a former Crown servant may offer BIEE. The material information taken into consideration by the Committee is set out in the annex.

The Committee has advised that a number of conditions be imposed to mitigate the potential risks to government associated with this appointment under the Rules. The Committee’s advice is not an endorsement of this application in any other respect.

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 appointment as Vice President 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 government by considering the real and perceived risks associated with former Crown servants joining outside organisations. Those risks include: using privileged access to contacts and information to the benefit of themselves or those they represent.The Rules also seek to mitigate the risks that individuals may make decisions, or take action in office, 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 Department for Energy Security and Net Zero (DESNZ^{[footnote 4]} confirmed that it has a relationship with BIEE. From 2023-2024, BIEE was contracted for providing training and development – after Ms Whittington left office. The department confirmed she was not involved in policy or commercial decisions specific to BIEE. As such, the risk that this appointment could reasonably be perceived as a reward for decisions or actions taken in office is low.

This proposed role has some overlap with Ms Whittington’s time in post given its focus on the energy sector. Further, she noted there may be times when the government chooses to attend events hosted by the organisation. Where contact is instigated by government departments/officials it would not be contrary to the lobbying ban – which is imposed on all former senior officials for two years on leaving office.

3. The Committee’s advice

The Committee did not consider this appointment raises any particular propriety concerns under the government’s Business Appointment Rules. As above, the unpaid signature of this role significantly limits the risks subject to standard conditions. These seek to prevent Ms Whittington from drawing on privileged information and using her contacts to the unfair advantage of her new employer, will sufficiently mitigate the risks in this unpaid appointment.

In accordance with the government’s Business Appointment Rules, the Committee advises this appointment with the British Institute of Energy Economics subject to the following conditions:

• Ms Whittington should not draw on (disclose or use for the benefit of herself or the persons or organisations to which this advice refers) any privileged information available to her from her time in Crown service;

• for two years from her last day in Crown service, she should not become personally involved in lobbying the UK government or any of its arm’s length bodies on behalf of the British Institute of Energy Economics (including parent companies, subsidiaries, partners and clients); nor should she make use, directly or indirectly, of her contacts in the government to influence policy, secure business/funding or otherwise unfairly advantage the British Institute of Energy Economics (including parent companies, subsidiaries, partners and clients); and

• for two years from her last day in Crown service, she should not provide advice to the British Institute of Energy Economics 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 or any of its arm’s length bodies.

The advice and the conditions under the government’s Business Appointment Rules relate to an applicant’s previous role in government only; there are separate rules administered by other bodies such as the Office of the Registrar of Consultant Lobbyists, the Parliamentary Commissioner for Standards and the Commissioner for Standards^{[footnote 5]}. It is an applicant’s personal responsibility to understand any other rules and regulations they 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 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’.

Ms Whittington must inform us as soon as she takes up this work or if it is announced that she will do so. Similarly, she must inform us if she proposes to extend or otherwise change her role with the organisation as depending on the circumstances, it might be necessary for her to seek fresh advice.

Once this appointment has been publicly announced or taken up, we will publish this letter on the Committee’s website.

4. Annex – Material Information

4.1 The role

BIEE is a registered charity on the Charity Commission^{[footnote 6]}. According to the Charity Commission, BIEE holds seminars, talks and conferences to promote a better understanding of energy matters from an economic perspective. According to its website, the BIEE aims to:

• Provide a platform for high quality, informed debate of key energy issues in the UK.
• Encourage the exchange of ideas and information between energy professionals from different disciplines and different sectors of the energy industry.
• Support the use of economics and research analysis as a basis for good decision making and sound policies.
• Promote open dialogue and debate of key energy issues.

Ms Whittington stated she will be a Vice President and her role will be unpaid, part-time. She stated the functions of the role as follows:

• Making active and dynamic contributions to the Council, using their wide-ranging skills, knowledge and experience to ensure that the Institute meets its charitable aims and objectives.
• Willingness to engage with Council and members, act as ‘ambassadors’ for the BIEE and promote its purpose.
• Role is appointed for an initial three-year term and is eligible to be reappointed for a further two consecutive terms.
• To attend five two-hour Council meetings per calendar year (usually held online in January, March, June, September and November). There should be representation from the President or Vice Presidents at each Council meeting.

Ms Whittington noted that BIEE holds an annual conference and lecture series which is regularly attended by ministers and members of the civil service.

Ms Whittington stated she was approached directly for the role.

4.2 Dealings in office

Ms Whittington informed the Committee that she did not meet with, was not involved in policy or commercial decisions, nor had access to sensitive information specific to BIEE.

4.3 Departmental assessment

DESNZ confirmed the details Ms Whittington provided and stated that:

• It held a relationship with BIEE – stating that from October 2023 – January 24, BIEE was contracted for providing training and development – after Ms Whittington left office;
• Ms Whittington was not involved in policy or commercial decisions specific to BIEE;
• it does not have concerns regarding Ms Whittington’s access to sensitive information specific to BIEE - stating that ‘…as the former Director General responsible for Energy Security in BEIS, it is noted that [Ms Whittington] may have had general access to information that could be seen as useful. The department recognises there are inherent risks, but this is significantly reduced given the nature of the work of BIEE’; and
• it did not have concerns regarding Ms Whittington’s appointment and recommended the standard conditions.

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

2. This application for advice was considered by Andrew Cumpsty; Isabel Doverty; Hedley Finn OBE; Sarah de Gay; The Baroness Jones of Whitchurch; Dawid Konotey-Ahulu CBE DL; The Rt Hon Lord Pickles; Michael Prescott; and Mike Weir. ↩

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. ↩

4. Following the Machinery of Government changes in February 2023, Ms Whittington’s former role at the Department for Business, Energy and Industrial Strategy sat with DESNZ. ↩

5. All Peers and Members of Parliament are prevented from paid lobbying under the Parliamentary Code of Conduct and the Code of Conduct for Members of the House of Lords. ↩

6. https://register-of-charities.charitycommission.gov.uk/charity-search/-/charity-details/326875/charity-overview ↩