Sue Gray's failure to declare contact with Labour leader Keir Starmer was a "prima facie" breach of the civil service code, Cabinet Office minister Jeremy Quin has told Parliament.
The Cabinet Office launched an investigation after Gray resigned as second permanent secretary for the union and constitution in early March to become Starmer's chief of staff.
In a ministerial statement published this morning, Quin said: “This process, led by the civil service, found that the civil service code was prima facie broken as a result of the undeclared contact between Gray and the leader of the opposition.”
Quin said Gray failed to inform ministers or the civil service of interactions with Starmer and his team between October 2022 and her resignation in March.
The Cabinet Office paused concluding the investigation while it awaited the findings of the Advisory Committee on Business Appointments, which published its advice on the appointment on Friday.
Acoba found Gray had not breached business appointment rules as no evidence was provided that her contact with Labour “could lead to reasonable concerns that decisions or actions taken in office may have been impacted by the expectation of a paid appointment in the future”.
The watchdog said in its advice letter that it is “quite normal for individuals to discuss the possibility of new roles before leaving office” but added that “any potential conflict must be declared”.
According to Quin, Gray did not inform ministers or the civil service of her interactions with Starmer and his team at any point prior to her resignation. Gray gave evidence to Acoba but chose not to do the same for the Cabinet Office inquiry, he added.
In his statement, the minister for the Cabinet Office said he was “sure” MPs would agree with him that the “facts in this case, when compared to the rules and guidance in place for civil servants, speak for themselves, and that there is a public interest in ensuring that the civil service code is adhered to”.
The Civil Service Code sets out the four core values of the Civil Service:
- Integrity – putting the obligations of public service above your own personal interests;
- Honesty – being truthful and open;
- Objectivity – basing your advice and decisions on rigorous analysis of the evidence; and
- Impartiality – acting solely according to the merits of the case and serving equally well governments of different political persuasions
Quin highlighted that the political impartiality section states civil servants must “act in a way which deserves and retains the confidence of ministers”. This part of the code also states officials should concurrently ensure "they will be able to establish the same relationship with those whom you may be required to serve in some future government”.
“The rules and guidance that govern the conduct of civil servants are clear and transparent,” Quin said.
The code does not, however, mention declaring outside interests nor the need to tell ministers or civil service managers about job applications.
In his statement, Quin also referred to separate departmental HR guidance on the declaration and management of interests for civil servants, which sets out that individuals must declare all relevant outside interests to their line manager as soon as they arise.
It says all remunerated outside employment, work and appointments should be declared, but, again, does not mention the need to declare an interest when applying for a job.
Concluding his statement, Quin said: “It is deeply unfortunate that events have transpired in this way. However, regardless of the details of this specific situation, I remain confident in the impartiality of our civil service and would like to take this opportunity to reiterate that it is the responsibility of everyone in this House to preserve and support this impartiality.”
Quin also said the prime minister has accepted the advice of Acoba and “expects all parties to abide by the conditions set out in the letter”.
Labour told the BBC all rules were followed and branded the Cabinet Office's inquiry a "political stunt". It said Gray only had one phone call with Sir Keir before she resigned in March, and the conversation did not relate to any government business.