Would You like a feature Interview?
All Interviews are 100% FREE of Charge
Labor Party leader Sir Kea Sturmer is set to face questions on Tuesday about his decision to offer former senior civil servant Sue Gray a job joining him as his chief of staff.
A Labor Party spokesperson confirmed in March that Ms Gray had been offered the job and said, “She hopes to accept the job following normal procedures.”
However, the appointment has drawn outrage from all over Westminster, with many questioning whether her taking on a political role for the party would undermine the impartiality of civil servants.
The government is expected to provide an update on her resignation to members of the House of Representatives this week, and will provide details of its stance on Gray’s appointment.
Did Sue Gray break the rules?
If a minister or civil servant resigns, the rules for appointments in other departments, known as business appointment rules, apply.
According to the Advisory Board on Business Appointments (Acoba), these are designed to prevent executives from benefiting from knowledge or contacts within Whitehall and to “prevent the perception of wrongdoing.”
Chaired by former Tory MP Lord Pickles, Acoba typically deals with commercial conflicts of interest as civil servants rarely hold party office.
However, we also scrutinize the appointment of senior civil servants to ensure they adhere to the core values of integrity, honesty, impartiality and objectivity of the Civil Service Act.
The rule applies to all civil servants for two years after retirement, but Akoba is employed only to supervise high-ranking officials.
How did the government respond?
Questions about Sue Gray’s appointment are likely to be raised on Tuesday, with the Cabinet Office expected to provide an update on its review of the matter.
Cabinet Office Minister Jeremy Quinn will issue a statement to MPs described on the Commons agenda as “an update on the circumstances leading to the resignation of a senior civil servant”.
He plans to explain whether the government believes Mr Gray has broken rules regarding impartiality, declaration of outside interests and contact with opposition parties.
Quinn released a Cabinet Office inquiry last month, accusing Labor of “acting swiftly and loosely” on the impartiality of civil servants, describing it as an “exceptional circumstance”.
He said at the time that the government had yet to receive information on when Gray was first drawn into discussions about leaving public service and joining Labor Party activism.
Can you stop Sue Gray from taking the job?
Shortly after her job opening was announced, Mr. Gray referred it to Akoba, who must approve all new roles of former ministers or senior civil servants.
This is separate from a Cabinet Office investigation into her resignation, and a final decision has yet to be announced.
The committee is likely to recommend that she take gardening leave before assuming the role, which could be as short as three months and as long as two years.
The Prime Minister endorses all Akoba’s recommendations and cannot block appointments outright, but can request a longer waiting period than Akoba recommends.
Acoba also cannot block appointments, but the committee can describe certain appointments as “inappropriate.” It argues that anti-corruption watchdogs often act as a “strong deterrent”.
Can Labor and Sue Gray Ignore Official Advice?
Neither Akoba’s advice nor the Prime Minister’s recommendations are binding. So Labor and Mr Gray are technically free to ignore it when it comes.
However, Shadow Culture secretary Lucy Powell said the party would “absolutely” follow Akoba’s advice regarding the appointment of Mr. Gray.
There have been numerous instances of Akoba being neglected in the past, with current chairman Lord Pickles lamenting last year that the body was “essentially toothless”.
Matt Hancock was reprimanded by Watchdog in November for refusing to ask permission before appearing on ITV. I’m a celebrity… get me out of here!.
Dominic Cummings also launched the Substack blog after stepping down as Downing Street Senior Counsel in 2020, breaking business appointment rules without seeking permission from Akoba before providing consulting services.