Decision

Advice letter: Bernadette Kelly, Independent Member of the Council and Finance and General Purposes Committee, University of Warwick

Updated 10 October 2025

1. BUSINESS APPOINTMENT APPLICATION: Dame Bernadette Kelly DCB, former Permanent Secretary at the Department for Transport. Unpaid appointment with the University of Warwick.

Dame Bernadette 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 University of Warwick (the University) as an Independent Member of the Council and Finance and General Purposes Committee.

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 taken during Dame Bernadette’s time in office, alongside the information and influence she may offer the University. 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 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 that this appointment 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 the 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.

As Permanent Secretary at the Department for Transport (DfT), Dame Bernadette engaged with the University in relation to local job opportunities and regional prosperity. She also had ad hoc dealings involving transport innovation, advanced manufacturing, engineering, and regional jobs. While she signed off on DfT’s overall R&D strategy for the transport sector, she had no direct involvement in awarding any grants to the University. Given the unpaid nature of this role the risk it could reasonably be perceived as a reward for decisions or actions taken in office is low.

As a former Permanent Secretary, there are inherent risks associated with any former Crown servant’s access to information, network of contacts and influence in government.

Dame Bernadette told the Committee that although she would not lobby the government, she expects to attend meetings or events at which officials or ministers may be present. Further, she expects to advise the Council on how best it can represent its case to government on some matters - without disclosing privileged or sensitive information of any kind.  The lobbying ban that applies to all former senior officials for two years on leaving office does not prevent all contact with government, but she must be careful not to directly, or indirectly, lobby the government for changes to policy, contracts or funding. To do so would risk granting the University an unfair advantage.

3. The Committee’s advice

The Committee did not consider this unpaid appointment to raise any particular concerns under the government’s Business Appointment Rules, subject to the standard conditions below. These seek to prevent Dame Bernadette from making improper use of privileged information, contacts and influence to the unfair advantage of the organisation.

In accordance with the government’s Business Appointment Rules, the Committee advises that this appointment with the University of Warwick be subject to the following conditions:

• Dame Bernadette 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 its arm’s length bodies on behalf of the University of Warwick (including parent companies, subsidiaries, partners and clients); nor should she make use, directly or indirectly, of her contacts in the government and/or Crown service to influence policy, secure business/funding or otherwise unfairly advantage the University of Warwick (including parent companies, subsidiaries, partners and clients); and

• for two years from her last day in Crown service, she should not undertake any work with the University of Warwick (including parent companies, subsidiaries, partners and clients) that involves providing advice 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 or its arm’s length bodies.

The advice and the conditions under the government’s Business Appointment Rules relate to her 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 4]}. 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/Civil Service Code or otherwise.

The Business Appointment Rules explain that the restriction on lobbying means that the former Crown servant ‘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.’

Dame Bernadette must inform us as soon as she takes up this role, or if it is announced that she will do so, and we will publish this letter on our website. She must also inform us if she proposes to extend or otherwise change the nature of her role as, depending on the circumstances, it may be necessary for her to make a fresh application.

4. Annex – Material Information

4.1 The role

The University of Warwick (the University) is a public research university Dame Bernadette wishes to take up a part-time, unpaid role as an Independent Member of the Council of the University (which meets five times annually). The Council is the governing body of the University with a general remit to oversee the conduct of the University. It has specific responsibilities in relation to the finance of the University and oversight of the University estate. Its primary responsibilities include to:

• achieve and develop the University’s mission and objectives (learning, teaching, and research);

• approve and review long-term strategic plans;

• ensure performance and effectiveness evaluation processes;

• keep policies for effective management, delegated to the Vice-Chancellor under review;

• maintain robust control and accountability systems, along with effective governance and decision-making;

• align conduct with best practice for higher education;

• safeguard the University’s reputation and values;

• appoint the Vice-Chancellor, President, and Secretary;

• ensure effective financial and Human Resources Management;

• act as a legal authority for the University; and

• promote the University’s values and behaviours, ensuring a culture of diversity and inclusivity.

Dame Bernadette will also become a member of the Finance and General Purposes Committee, a sub-committee of the Council. The role of the Financial and General Purposes Committee is to act as the main financial planning and oversight Committee on behalf of the Council, including preparation of the University’s financial plan, annual financial statements, and strategy in relation to the University’s commercial activities and investment plans. Dame Bernadette said she may also be invited to attend other meetings or events of the University on an ad hoc basis.

Dame Bernadette expects to have contact with government in this role, for example attending meetings or events at which officials or ministers may be present. Dame Bernadette does not expect to be involved in lobbying of government in relation to key strategic issues, such as higher education funding. She anticipates that she will advise the Council on how to best represent its case on issues it is responsible for to government, noting this would not involve the disclosure of sensitive information.

4.2 Dealings in office 

Dame Bernadette noted that during her time as Permanent Secretary, she was present at discussions involving the University in relation to skills and partnership between the civil service, universities and the employers in the region. This was mainly about bringing parties together to work better, with the goal of creating more jobs and making the region more successful. She has also had ad hoc dealings with the University, primarily concerning transport innovation, advanced manufacturing, engineering, and regional jobs and skills. This included a visit, some years ago in 2018, to the Warwick Manufacturing Group and meetings with the Vice-Chancellor and local authority leaders on skills and jobs collaboration.

As Permanent Secretary, Dame Bernadette said she signed off on the department’s overall research and development strategy, which is used to guide investment decisions for DfT, and may have indirectly affected the University. She noted that the University may have had an interest in DfT’s work on regulatory standards in the transport sector during her tenure as Permanent Secretary; but she had no involvement in decisions specific to the University.

Dame Bernadette said that she did not have any access to information that could grant the University an unfair advantage.

4.3 Departmental assessment 

DfT confirmed the details provided by Dame Bernadette.

DfT stated it has a contractual and funding relationship with the University. While Dame Bernadette was in post as Permanent Secretary and Accounting Officer, the University received funding for research and development into AI safety in self-driving vehicles, and £22 million in funding for a Future Transport Zone across the West Midlands^{[footnote 5]}. DfT confirmed that although Dame Bernadette was responsible for signing off on the department’s overall research and development strategy, which may have indirectly impacted the university, she made no decisions specific to the university.

DfT notes that Dame Bernadette would have an understanding of the inner workings of DfT. She may also retain privileged knowledge, though its view is that any sensitive or valuable information on competitors is likely to be outdated.

DfT recommended 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 Isabel Doverty; Hedley Finn OBE; Sarah de Gay; Dawid Konotey-Ahulu CBE DL; Michael Prescott; and The Baroness Thornton.  ↩

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

5. https://www.warwicksciencepark.co.uk/ground-breaking-trial-project-launched-to-reduce-private-car-use-at-the-university-of-warwick/ ↩