Decision

Advice letter: Jacob Young, Director for Corporate Affairs, Agilia Infrastructure Partners Ltd

Published 19 March 2025

1. BUSINESS APPOINTMENT APPLICATION: Jacob Young, former Parliamentary Under Secretary of State (Levelling Up) at the Department for Levelling Up, Housing and Communities between September 2023 - July 2024. Paid appointment with Agilia Infrastructure Partners Ltd. 

You approached the Advisory Committee on Business Appointments (the Committee) under the government’s Business Appointment Rules for Former Ministers (the Rules) seeking advice on taking up a paid role as a Director for Corporate Affairs with Agilia Infrastructure Partners Ltd (Agilia).

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 your time in office, alongside the information and influence you may offer Agilia, as a former minister. The material information taken into consideration by the Committee is set out in the annex.

The Committee’s advice is not an endorsement of the appointment - it imposes a number of conditions to mitigate the potential risks to the government associated with the appointment under the Rules.

The Ministerial Code sets out that ministers must abide by the Committee’s advice. It is an applicant’s personal responsibility to manage the propriety of any appointment. Former ministers of the Crown, and Members of Parliament, 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

The Ministry for Housing, Communities and Local Government (MHCLG^{[footnote 1]}) confirmed your ministerial portfolio did not overlap with Agilia’s current work in national infrastructure projects and you were not involved in policy, regulatory or commercial decisions specific to Agilia. Whilst Agilia has a commercial relationship across governments these fell to the departments involved - for example in relation to Sizewell C, the relationship sits with the Department for Energy and Net Zero. Therefore, the Committee^{[footnote 2]} considered the risk this appointment could reasonably be perceived as a reward for decisions or actions taken in office is low.

As a former minister within MHCLG, there is a risk that you may have had access to sensitive information which could benefit a range of organisations operating in relevant sectors, including Agilia. In particular in respect of potential opportunities that might occur as a result of housing and levelling up policy. The risks are limited because: * your portfolio in office has no direct overlap with the work of Agilia and the work on national infrastructure projects is carried out in other departments ; * whilst you were briefed on the Nationally Significant Infrastructure Project (NSIP) Action Plans in October 2023,  these are now the public domain; and * MHCLG is not aware of any specific information you had access to that could offer Agilia an unfair advantage.

There are risks your network of contacts in government may be seen as beneficial to Agilia, in offering unfair access to government Agilia.   As an infrastructure delivery consultancy that works with various government departments on several major projects, the company already has access to government. However, it would be improper for you to seek to influence the government or its arm’s length bodies, including the Department for Energy Security and Net Zero (DESNZ) and UK Investment Bank which regulates national infrastructure projects such as Sizewell C and Great British Nuclear.

The Committee carefully considered this particular risk given the nature of the role, which could be interpreted as involving external affairs, including with government. It is significant that you clarified your role is focussed on delivering Agilia’s engagement and communications strategy and navigating agreed government policy. You said the role will not involve lobbying, nor engagement with government officials or ministers. The Committee also  considered it was significant that Agilia confirmed your role will be separate from any lobbying of government.

The unknown nature of Agilia’s clients means that it is difficult to determine the precise work you will undertake. Whilst your role is focussed on communications and navigating government policy, there is a risk you may be asked to advise on matters that have overlap with your responsibilities in office, or with companies you had specific involvement with in office.

3. The Committee’s advice 

When considering the risks in this case, the Committee considered it significant that Agilia Infrastructure Partners confirmed there will be no lobbying of the government in this role, in line with the expectations set out in the Rules.

To address the risk associated with Agilia’s unknown clients, the Committee has imposed a condition that makes it clear you should not advise on matters overlapping with your responsibility as the Parliamentary Under Secretary of State at the Department for Levelling Up, Housing and Communities.

The Committee determined the remaining risks identified can be appropriately mitigated by the conditions below. These make it clear that you cannot make use of privileged information, contacts or influence gained from your time in ministerial office to the unfair advantage of Agilia.

The Committee advises, under the government’s Business Appointment Rules, that your appointment with Agilia Infrastructure Partners Ltd be subject to the following conditions:

• you should not draw on (disclose or use for the benefit of yourself or the persons or organisations to which this advice refers) any privileged information available to you from your time in ministerial service;

• for two years from your last day in ministerial office, you should not become personally involved in lobbying government or any of its arm’s length bodies on behalf of Agilia Infrastructure Ltd (including parent companies, subsidiaries, partners and clients); nor should you make use, directly or indirectly, of your contacts in government and/or ministerial office to influence policy, secure business/funding or otherwise unfairly advantage Agilia Infrastructure Ltd (including parent companies, subsidiaries, partners and clients);

• for two years from your last day in ministerial office, you should not provide advice to Agilia Infrastructure ltd (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 its arm’s length bodies; and

• for two years from your last day in ministerial office, you should not advise Agilia Infrastructure Partners Ltd (including parent companies, subsidiaries, partners and clients) on work with regard to any policy or operational matter you had specific involvement or responsibility for as Parliamentary Under Secretary of State at the Department for Levelling Up, Housing and Communities, or where you had a relationship with the company or organisation during your time at the Department for Levelling Up, Housing and Communities.

The advice and the conditions under the government’s Business Appointment Rules relate to your previous role in government only; they are separate from rules administered by other bodies such as the Office of the Registrar of Consultant Lobbyists, the Parliamentary Commissioner for Standards and the Registrar of Lords’ Interests^{[footnote 3]}. 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 Ministerial Code or otherwise.

The Business Appointment Rules explain that the restriction on lobbying means that you “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”.

You must inform us as soon as you take up employment with this organisation, or if it is announced that you will do so. Please inform us if you propose to extend or otherwise change the nature of your role as, depending

on the circumstances, it may be necessary for you 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 - Material Information 

4.1 The role 

Agilia is an infrastructure delivery consultancy that operates in the UK and globally - covering all major infrastructure sectors including energy, transport and utilities. Its website states it has a relationship across government, including working on Sizewell C - specifically Agilia delivers programme management services to the finance and economic regulation team and integration across the entire Sizewell C project^{[footnote 4]}. Its client page is listed^{[footnote 5]}, working with government clients such as National Highways Department of Transport, Home Office & Department for Food, Environment and Rural Affairs. 

In your proposed role as Director of Corporate Affairs (paid), you stated your role involves: * Stakeholder Management: Build and maintain strong relationships with internal and external stakeholders, understanding their needs and ensuring key relationships are administered appropriately. * Deliver effective communications mapping and planning for the promotion of Agilia in the public eye. * Development and delivery of a communications strategy for engagement and management including social media strategy * Manage relationships with the government and regulatory bodies, specifically in providing reviews of policy and developments to policy relevant to our operations. * Oversee the development and execution of internal communication strategies, including the distribution of newsletter and announcements as well as updates

You confirmed that the role will not involve influencing or involvement on proposed policy or contact with government.  Rather, it will involve providing the correct interpretation of policy with project sponsors of Agilia’s work - whom you confirmed are not government officials or ministers.  You stated your role may expedite the effective and efficient delivery of the project - and this role is one of someone who can interpret government policy and ensure that it is properly understood by parties who need to understand it. You stated Agilia’s delivery role on Major Projects means that in terms of government policy, the focus is always on the actual implementation of that policy once it has been developed.

As further clarification, you and Agilia provided the following description of the role: * The role is a completely new position within the organisation. * The role will be to develop and manage Agilia’s communication strategy and marketing plan. These will accord with normal business practices and will be aimed at general profile raising within the infrastructure sector as a whole and will be focused on Agilia’s experience in developing major and mega infrastructure projects. * It will not be linked to winning mandates/contracts. * In terms of the major projects Agilia engages with government on, for example: Great British Nuclear and Sizewell C, you will not be involved in any stakeholder management or engagement. This is firmly outside of the scope and remit of your role. Agilia’s project teams engage their own internal and external specialists to cover this work. * You will not be engaged in the sourcing or winning of mandates/projects within Agilia as they come directly under the remit of the Joint CEOs (Amar Qureshi & Mike Pugsley). * Further, you said that given that all tenders Agilia engage in are governed under strict procurement regulations, you stated he would have no influence over the outcome regardless.

The Committee contacted Agilia which confirmed your role will not involve lobbying government, stating:

‘Agilia are dedicated to providing services that are highly specialised in the delivery of major infrastructure projects, with a strategic focus on policy implementation rather than direct influence. [Your role] as Director of Corporate Affairs will be to develop and manage Agilia’s communication strategy and marketing plan and will be in no way linked to influencing policy or having any contact with government or officials around proposed policy.’

‘…..[you] will not be engaged in the sourcing or winning of mandates within Agilia as they come directly under the remit of the Joint CEOs’ [of the company]’.

4.2 Dealings in office 

You advised the Committee you did not meet with Agilia whilst in office. You said you did not have any involvement in policy, regulatory or commercial decisions that would have been specific to the company.

4.3 Departmental Assessment 

MHCLG confirmed the details in your application and in addition: 

• It confirmed you were not involved in decisions specific to Agilia.. Further, it confirmed MHCLG/DLUHC ministers are not the deciding ministers for infrastructure projects such as Sizewell C.
• It stated that your portfolio included Levelling Up funding, however the department does not believe Agilia was directly affected by funding/commercial decisions you made in office.
• It confirmed that whilst its ministers have responsibility for the framework of Nationally Significant Infrastructure Projects (NSIP), they do not have any responsibility for deciding which infrastructure projects are consented or funded by government. MHCLG confirmed that you were not the minister responsible for the NSIP Action Plan, although advice on the regime was copied to your office for information. Individual Secretaries of State consent to projects falling within their policy areas (for example, energy projects are determined by the DESNZ Secretary of State).
• It confirmed that from the Nationally Significant Infrastructure Projects (NSIP) perspective, it is not aware of any contact with Agilia’s competitors. It noted he may have interacted with construction stakeholders - though nothing specific of concern noted.
• It did not have specific concerns regarding your access to sensitive information specific to Agilia.
• It stated you led a Westminster Hall debate available on Hansard on 25 October 2023 on the topic of ‘Renewable Energy Providers: planning considerations’. You were covering for another minister as this wasn’t formally in his portfolio. Ahead of that debate, you was briefed by the NSIP team on policies of the government at the time, including for example the NSIP Action Plan.  This information regarding the NSIP Action Plan is in the public domain, has been progressed since October 2023 with latest renditions available since 6 March 2024^{[footnote 6]}, and 16 May 2024^{[footnote 7]}.

MHCLG stated that it is not concerned about privileged information you will have had access to during your time in office, however the Permanent Secretary is concerned about the perception of lobbying/influence on the department.

MHCLG recommended the standard conditions.

1. Following the General Election in June 2024, the Department for Levelling Up, Housing and Communities is now named as the Ministry of Housing, Communities and Local Government.  ↩

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

3. All Peers and Members of Parliament are prevented from paid lobbying under the the House of Commons Code of Conduct and the Code of Conduct for Members of the House of Lords. Advice on your obligations under the Code can be sought from the Parliamentary Commissioners for Standards, in the case of MPs, or the Registrar of Lords’ Interests, in the case of peers. ↩

4. https://www.agilia.co.uk/case-studies/sizewell-c ↩

5. https://www.agilia.co.uk/clients ↩

6. https://www.gov.uk/government/news/nationally-significant-infrastructure-reform ↩

7. https://www.gov.uk/guidance/nationally-significant-infrastructure-projects-2024-pre-application-prospe ctus#:~:text=The%20key%20areas%20of%20operational%20reform%20supported,cost%20recovery %20for%20the%20services%20it%20provides. ↩