An official Cabinet Office inquiry has revealed that Sue Gray, the senior civil servant recruited by Sir Keir Starmer, violated Whitehall impartiality rules, leading to potential suspension or termination if she hadn’t resigned. The assessment, approved by Simon Case (Cabinet Secretary) and the government’s senior lawyer, determined that Ms. Gray failed to meet the requirements of the Civil Service Code and her employment contract by secretly engaging in discussions about joining the Labour Party as Sir Keir’s chief of staff. This will not only embarrass Ms. Gray, formerly responsible for government propriety and ethics, but also raise concerns about the judgment of Sir Keir, who frequently criticizes “Tory sleaze.”
The Conservatives had previously questioned whether the way in which Ms. Gray was recruited undermined the impartiality and rules of the Civil Service.
Sue Gray ‘in breach of Civil Service Code’
Darren Tierney, the successor to Ms. Gray as director-general of propriety, prepared the internal Cabinet Office document, labeled “official” and “sensitive,” in response to ministers and civil servants’ anger over her decision to leave the Civil Service for a position within the opposition party. Concerns were raised among senior officials that her move could damage the reputation of the Civil Service.
The document, dated April 27, stated that “SG’s contract, like all permanent secretary contracts, clearly outlined the expected conduct, including the declaration of any conflicts when they arose. The Civil Service Code requires all civil servants to act with integrity, openness, and impartiality. During the relevant period, it is evident that Ms. Gray did not meet these expectations and consequently violated both the Civil Service Code and her employment obligations.”
The FDA, the Civil Service union representing Ms. Gray, denies that she violated the Ministerial Code or her employment contract. Sir Keir also expressed confidence that she did not break any rules.
Ms. Gray is expected to assume the role of Sir Keir’s most senior aide for the Labour Party starting in the autumn. However, the Advisory Committee on Business Appointments (Acoba) is anticipated to recommend a six-month gardening leave from her departure in March before she begins work.
This disclosure will also raise questions about Ms. Gray’s involvement in investigations related to Covid rule-breaking by Boris Johnson and other Conservative figures. While at the Department for Levelling Up, she was commissioned by the Prime Minister to conduct an inquiry into alleged rule-breaking in Downing Street. However, Mr. Johnson has since questioned her “independence.”
Mr. Tierney stated, “We cannot make definite conclusions about the outcome of a disciplinary process as none has been initiated due to Ms. Gray’s immediate resignation. Given her seniority and the need for ministers to have confidence in their permanent secretaries, as well as the requirement to uphold the reputation of the Civil Service, there could have been reasonable grounds for immediate suspension during disciplinary proceedings. If she had been found guilty of gross misconduct, she likely would have been summarily dismissed.”
Labour ‘acting fast and loose’
Five days after the document was drafted, Oliver Dowden, the Deputy Prime Minister, referred to Mr. Tierney’s investigation in a written ministerial statement, indicating that “Ms. Gray had the opportunity to present her case but chose not to do so.” Mr. Dowden highlighted that, in addition to adhering to the Civil Service Code, all senior officials are in the “politically restricted” category, which imposes further limitations on their political activities. He further stated that the Directory of Civil Service Guidance, which supports the Civil Service Code, stipulates that “contacts between senior civil servants and leading members of the opposition parties… should… be cleared with… ministers.”
During a parliamentary session earlier this year, Jeremy Quin, the Cabinet Office minister, remarked, “Many have noticed that the leader of the opposition often claims a self-righteous monopoly on morals, but there are now serious questions as to whether Labour, by acting fast and loose, undermined the rules and the impartiality of the Civil Service.”
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