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1. BUSINESS APPOINTPOINTMENT APPLICATION: General Sir Patrick Sanders KCB CBE DSO OBE, former Chief of the General Staff at the Ministry of Defence. Paid appointment with the Maritime Humanitarian Aid Foundation.

General Sir Patrick 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 his proposal to work with the Maritime Humanitarian Aid Foundation (MHAF) as a member of the Board of Directors.

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 General Sir Patrick made during his time in office, alongside the information and influence he may offer MHAF. 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 risk presented

MHAF is a non-governmental organisation focused on providing humanitarian assistance in maritime contexts. It aims to support vulnerable populations affected by crises, such as those caused by conflicts, natural disasters, or other emergencies at sea.

There is no relationship between the Ministry of Defence (MOD) and MHAF. General Sir Patrick did not make any policy or regulatory decisions affecting the company. Therefore, the Committee^{[footnote 2]} considered the risk that he could be seen to have been offered this role as a reward for decisions made or actions taken in office is low.

There is no overlap with General Sir Patrick’s proposed role with MHAF and his responsibilities at the MOD. However, as Chief of the General Staff, General Sir Patrick would have had access to broad high-level information at the heart of the MOD/UK government. In addition, whilst MOD does not lead on government policy or regulation for humanitarian assistance, it is involved through Military Aid to the Civil Authority.^{[footnote 3]} Therefore, there remains a risk that General Sir Patrick could have access to privileged information that could offer unfair advantage to MHAF. The Committee recognised that there are several factors that limit this risk, in particular: the MOD confirmed General Sir Patrick did not have access to privileged information that could offer MHAF an unfair advantage; and it has now been ten months since he left his role as Chief of the General Staff at the MOD.

The MOD stated General Sir Patrick has contacts and influence at the highest levels of UK Defence; and this role may involve contact with government. The Committee considered the risk here associated with any reasonable concern of lobbying here is limited. The contact described in this application - to contact government to liaise and coordinate aid during a crisis at an operational level - is in keeping with the lobbying ban that applies to former senior Crown servants for two years on leaving office.

The MOD acknowledged that General Sir Patrick has contacts and influence at the highest levels of international governments.There is a risk that the contacts and influence General Sir Patrick has gained in organisations externally to government could be perceived as offering an unfair advantage if used to secure future business for MHAF.

3. The Committee’s advice

The Committee determined that the limited risks identified in this application can be appropriately mitigated by the conditions below. These make it clear that General Sir Patrick cannot make use of his access to privileged information, contacts or influence gained from his time in Crown service to the unfair advantage of MHAF.

The Committee advises, under the Government’s Business Appointment Rules, that General Sir Patrick’s role with the Maritime Humanitarian Aid Foundation should 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 any of its arm’s length bodies on behalf of the Maritime Humanitarian Aid Foundation (including parent companies, subsidiaries, partners and clients); nor should he make use, directly or indirectly, of his contacts in government and/or Crown service to influence policy, secure business/funding or otherwise unfairly advantage the Maritime Humanitarian Aid Foundation (including parent companies, subsidiaries, partners and clients);
• for two years from his last day in Crown service, he should not provide advice to the Maritime Humanitarian Aid Foundation (including parent companies, subsidiaries, partners and clients) on the terms of, or with regard to the subject matter of, a bid or contract with, or relating directly to the work of the UK government, the Ministry of Defence or its trading funds; and
• for two years from his last day in Crown service, he should not become personally involved in lobbying contacts he has developed during his time in office in external organisations (including other governments) for the purpose of securing business for the Maritime Humanitarian Aid Foundation (including parent companies, subsidiaries and partners).

The advice and the conditions under the government’s Business Appointment Rules relate to General Sir Patrick’s 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 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’.

General Sir Patrick must inform us if and when he takes up this role or if it is announced that he will do so. 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

The Maritime Humanitarian Aid Foundation (MHAF) is an NGO focused on providing humanitarian assistance in maritime contexts. It aims to support vulnerable populations affected by crises, such as those caused by conflicts, natural disasters, or other emergencies at sea. The foundation is involved in various initiatives, including search and rescue operations, medical assistance, and the provision of essential supplies.

General Sir Patrick wishes to take up a part-time, paid role with MHAF as a Member of the Board of Directors. General Sir Patrick said his role would involve:

• promoting the long-term sustainable success of MHAF
• providing leadership of the Foundation within a framework of prudent and effective controls;
• setting MHAF’s strategic aims;
• ensuring that the necessary financial and human resources are in place for the Foundation to meet its objectives, and review management performance;
• ensuring effective external engagement.

He confirmed he may have contact with government in the event that MHAF are operating in crisis situations in theatres or countries where the UK MOD, the FCDO (and any other international partner) is engaged - where he could liaise with and coordinate the delivery of humanitarian aid.

4.2 Dealings in office

General Sir Patrick advised the Committee that he did not meet with MHAF whilst in office. He said he did not have involvement in any policy development or decisions that would have been specific to the company, and held no commercial or contractual responsibilities relating to it.

4.3 Departmental assessment

The MOD confirmed the details General Sir Patrick provided and confirmed there is no known overlap with his responsibilities in office.

The MOD said he had insight at the highest levels on the areas for which he held responsibility. However, he made no decisions in office specific to MHAF, nor did he have access to privileged information that could offer MHAF an unfair advantage.

The MOD recognised that General Sir Patrick has contacts and influence at the highest levels of UK Defence and within international governments. MOD said that MHAF may wish to deploy General Sir Patrick in fundraising with overseas governments, which would be in support of humanitarian objectives. It considered the proposed contact with the MOD, and government more widely, is low risk given it relates the co-ordination of delivery of aid rather than any commercial arrangements.

The MOD recommended standard conditions.