Decision

Summary of business appointment applications - Lord Wallace of Tankerness QC

Published 31 May 2017

Lord Wallace of Tankerness QC left his position as Advocate General for Scotland and Deputy Leader of the House of Lords in May 2015.

1. Member and Chair of Regulation Board, Institute of Chartered Accountants of Scotland

Lord Wallace asked for the Committee’s advice about joining the Regulation Board of the Institute of Chartered Accountants of Scotland (ICAS). He would become Chair at the end of 2017.

The Committee noted this is a part-time, paid role, amounting to around 12 days of work a year. The Committee considered the contact Lord Wallace had with ICAS while in ministerial office, namely:

• he was a guest Speaker at ICAS’ Grampian Region Annual Dinner (2013);
• he participated in the London Area Burns Supper (2014); and
• as part of the ministerial team at the Scotland Office, he had some informal meetings with ICAS members and officials in connection with the referendum on Scottish independence.

The Committee also took into consideration that Lord Wallace would not have contact with Government in his role as a member or Chair of the Regulation Board.

Taking into account the specific facts in this case in accordance with the Government’s Business Appointment Rules, the Committee advised the appointment be subject to the following conditions:

• that he should not draw on (disclose or use for the benefit of himself or the organisations or persons to which this advice refers) any privileged information available to him as a Minister; and
• for two years from his last day in ministerial office he should not become personally involved in lobbying the UK Government on behalf of ICAS or its members, or make use, directly or indirectly, of his contacts in Government and/or Crown service to influence policy or secure business on behalf of ICAS or its members.

The Committee wrote its advice letter to Lord Wallace in December 2016 and the role was taken up in March 2017.

Lord German recused himself from this application.

2. Non-executive director, The Water Retail Company

Lord Wallace sought the Committee’s advice about taking up an appointment as a non-executive director on the board of The Water Retail Company.

The Committee noted that this is a part-time role and will be unpaid initially, although it is likely to be remunerated at a later date.

When considering this application the Committee took into account that Lord Wallace had no dealings with his proposed employer, or the sector in which it will operate while in Government and that the role is not likely to include contact with Government. It was also mindful that the Director of the Office of the Advocate General had no concerns about him taking up this role.

Taking into account the specific facts in this case, the Committee advised that, in accordance with the Government’s Business Appointment Rules, the appointment be subject to the following conditions:

• that he should not draw on (disclose or use for the benefit of himself or the organisations or persons to which this advice refers) any privileged information available to him as a Minister; and
• for two years from his last day in ministerial office he should not become personally involved in lobbying the UK Government on behalf of The Water Retail Company.

The Committee wrote its advice letter to Lord Wallace in February 2017 and the role was taken up later that month.

Lord German recused himself from this application.