Civil Servants

20. Acceptance of outside appointments and of consultancy engagement following resignation or retirement

20.1 The following provisions are designed to foster a culture in which civil servants are fully aware of the potential for conflict of interest in accepting positions outside the Civil Service. It is important to declare to the appropriate authority (see paragraph 20.4) such potential conflicts of interest in order to avoid any suspicion that the advice and decisions of a serving officer might be influenced by the expectation of future employment with a particular firm or organisation. However, it is not the intention to place an unnecessary burden on civil servants in this regard and it is expected that these provisions will not affect the generality of former civil servants joining outside employment.

20.2 Any civil servant intending to be engaged in or connected with (i) any outside business with which he or she had official dealings or (ii) any outside business that might gain an unfair advantage over its competitors by employing him or her, must inform the appropriate authority of such an intention. Additionally, civil servants who hold positions which are designated positions for purposes of the Ethics Acts shall not, within twelve months of resigning or retiring from the service:

• accept an offer of appointment from an employer outside the Civil Service or
• accept an engagement in a particular consultancy project,

where the nature and terms of such appointment or engagement could lead to a conflict of interest, without first obtaining approval from the appropriate authority as outlined at 20.4. Even where the twelve months moratorium has elapsed, or where for other reasons approval is not required before taking up outside employment, officers must continue to observe the restrictions imposed by the Official Secrets Act 1963 as amended by the Freedom of Information Acts 1997 and 2003. These rules also apply to other persons designated under the Ethics Acts (for example, special advisors who are appointed personally by Ministers) and to officers in grades below the pay level of Principal who, although not serving in a designated post at the time of their retirement/resignation, have served in such a post at any stage during the six months prior to their retirement/resignation. In such cases, the twelve month period in which these rules apply will be reckoned from the officer’s last day in the designated post.

20.3 In general, Departments and Offices should monitor the acceptance of outside appointments by civil servants and former civil servants.

20.4 Civil servants who (i) intend to be engaged in or connected with any outside business in the manner described at paragraph 20.2 or (ii) who hold designated positions (under the Ethics Acts) must make their applications as follows:

• Officers below Assistant Secretary level must apply to the Secretary General or Head of Office in which they are serving, or have last served before retirement or resignation;
• Officers at and above Assistant Secretary level must apply to the Outside Appointments Board.

20.5 Applications will be considered by the appropriate authority on the basis of determining whether or not a clear conflict of interest exists. Approval to take up an appointment or accept an engagement may either be unconditional or conditions may be attached.

20.6 Where a Secretary General or Head of Office attaches conditions to taking up an appointment, the civil servant concerned may refer the decision to the Outside Appointments Board for review.

20.7 The Secretary General or Head of Office and the Minister for Finance reserve the right to take appropriate action in the event that the provisions of this section are not complied with.

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