Decision

Advice letter: Richard Wardlaw, Interim Director Logistics Hinkley Point C at EDF Energy UK, Wilson James Ltd

Published 19 February 2025

1. BUSINESS APPOINTMENT APPLICATION: Lieutenant General Richard Wardlaw OBE MSc BEng MInstRE, former Chief of Defence Logistics and Support at UK Strategic Command, Ministry of Defence between October 2019 - September 2023. Appointment with Wilson James Ltd as Interim Director Logistics Hinkley Point C at EDF Energy UK.

Lieutenant General Richard Wardlaw OBE (Lt Gen Wardlaw) 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 taking up a role with Wilson James Ltd (Wilson James) as Interim Director Logistics Hinkley Point C at EDF Energy UK (EDF).

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 Lt Gen Wardlaw’s time in office, alongside the information and influence he may offer Wilson James or EDF. 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 set out that Crown servants must abide by the Committee’s advice ^{[footnote 1]}. 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

Wilson James is a company providing services in construction logistics, aviation services, technology services and security. EDF’s operations span electricity generation and gas and electricity supply to homes and businesses UK-wide. It is the developer of the Hinkley Point C nuclear power station, under construction since 2017. EDF is one of the UK’s largest energy suppliers and is regulated by Ofgem, an arm’s length body of the Department for Energy Security and Net Zero (DESNZ, previously BEIS). Nuclear power is a key priority of government, for decarbonisation and net zero; and EDF is one of the biggest nuclear power companies in the UK. There is a significant contractual relationship between EDF and government relating to the construction and delivery of two nuclear power stations: Sizewell C and Hinkley Point C.

The Ministry of Defence (MOD) confirmed that Lt Gen Wardlaw had no official dealings with Wilson James or EDF during his time as Chief of Defence Logistics; he made no decisions specific to either; and the MOD has no relationship with either. The Committee^{[footnote 2]} considered the risk this appointment could reasonably be perceived as a reward for decisions made or actions taken in office to be low.

As the most senior official at the MOD responsible for logistics, he will have had access to a range of generally sensitive information, none of which is specific to this role, which is limited to managing logistics at one power plant for EDF. There is no direct overlap with the subject of his responsibilities at the MOD, with energy policy and regulation falling to other departments. Hinkley Point C comes under the oversight of the Office for Nuclear Regulation, an agency of the Department for Work & Pensions, and energy more broadly sits under DESNZ and Ofgem. Additionally, Lt Gen Wardlaw has been out of office for more than seven months, further reducing any risks associated with his access to information.

There are inherent risks associated with any former senior official’s contacts and potential influence within government. EDF, the end client, also has no known relationship with government but will have an interest in government decisions about energy infrastructure and Hinkley Point C in particular. Lt Gen Wardlaw might therefore be seen as having influence within government. There is an inherent risk he could be seen to offer unfair access. This is limited in this case because there is a framework already in place for the relationship between EDF and government and because this is a limited role to manage logistics, and is therefore an internal, operational role.

3. The Committee’s advice

The Committee did not consider this appointment raises any specific proprietary concerns under the government’s Rules. The risks are appropriately mitigated by the standard conditions below. These seek to prevent any undue influence as a result of Lt Gen Wardlaw’s access to privileged information contacts and influence.

In accordance with the government’s Business Appointment Rules, the Committee advises that this role with EDF Energy UK under contract with Wilson James Ltd be subject to the following conditions:

• he should not draw on (disclose or use for the benefit of himself or the persons or organisations to which this advice refers) any privileged information available to him from his time in Crown service;
• for two years from his last day in Crown service, he should not become personally involved in lobbying the UK government or its arm’s length bodies on behalf of EDF or Wilson James (including parent companies, subsidiaries, partners and clients); nor should he make use, directly or indirectly, of his contacts in the government and/or ministerial office to influence policy, secure business/funding or otherwise unfairly advantage EDF (including parent companies, subsidiaries, partners and clients); and
• for two years from his last day in Crown service, he should not undertake any work with EDF or Wilson James (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, the Ministry of Defence or its trading funds.

The advice and the conditions under the government’s Business Appointment Rules relate to your previous role in government only; there are separate 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]}. You are reminded that as a Member of Parliament you have a separate ban on paid lobbying under the Parliamentary Code of Conduct. 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 Civil Service Code or otherwise.

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

Lt Gen Wardlaw must inform us when this role is taken up or announced. He must also inform us if he proposes to extend or otherwise change the nature of his role as, depending on the circumstances, it may be necessary for him 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

Wilson James is a company providing services in construction logistics, aviation services, technology services and security. EDF’s operations span electricity generation and gas and electricity supply to homes and businesses UK-wide. It is the developer of the Hinkley Point C nuclear power station, under construction since 2017. EDF is one of the UK’s largest energy suppliers and is regulated by Ofgem, an arm’s length body of the Department for Energy Security and Net Zero (DESNZ, previously BEIS). Nuclear power is a key priority of government for decarbonisation and net zero and EDF is one of the biggest nuclear power companies in the UK. There is a significant contractual relationship between EDF and government relating to the construction and delivery of two nuclear power stations: Sizewell C and Hinkley Point C.

In this paid, interim role, Lt Gen Wardlaw stated that he would be working in support of EDF, contracted by Wilson James Ltd as the Interim Director Logistics for Hinkley Point C. He would be responsible for addressing shortcomings in the end-to-end supply chain for the construction of the nuclear reactor. The role is interim pending appointment of a permanent employee (already selected) from Autumn 2024. The role does not involve contact or work with government.

4.2 Dealings in office

Lt Gen Wardlaw advised the Committee that he did not meet with Wilson James or EDF in his role as Chief of Defence Logistics; nor did he make any policy, regulatory, commercial or operational decisions specific to either.

4.3 Departmental Assessment

The MOD confirmed the details Lt Gen Wardlaw provided:

• he was not involved in any policy or decisions specific to Wilson James or EDF;

• he did not have access to sensitive information specific to either organisation;

• the department has no relationship with either organisation; and

• there is no concern around unfair access to the MOD as his role will not involve contact with the MOD.

The MOD did not have concerns regarding Lt Gen Wardlaw’s appointment and recommended the 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 Andrew Cumpsty; Sarah de Gay; The Baroness Jones of Whitchurch; Dawid Konotey-Ahulu CBE DL; The Rt Hon Lord Eric Pickles; Michael Prescott; and Mike Weir. Isabel Doverty and Hedley Finn OBE were unavailable. ↩

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