The report states that Sue Gray «failed». the requirements of both the Civil Service Code and her employment contract when discussing a job with Sir Keir Starmer. Credit: Gov.uk/PA
Sue Grey, a senior civil servant poached by Sir Keir Starmer, violated Whitehall's impartiality rules and could have been suspended or fired if she didn't resign, according to the findings of an official Cabinet investigation.
An assessment signed by Simon Case, Cabinet Secretary and the government's most senior lawyer, concluded that Ms Gray «did not meet» the requirements of both the Civil Service Code and her employment contract when she discreetly took part in negotiations for joining the Labor Party. Sir Keir's Chief of Staff.The findings, published by The Telegraph, will embarrass Ms Grey, who was previously in charge of public ethics and decorum. It will also raise new questions about the judgment of Sir Keir, who has repeatedly spoken out against the «Thorian sleaze».
Conservatives have previously questioned whether he undermined the way he poached Ms. Gray «undermining the rules and impartiality of the civil service.»
Sue Gray «in violation of the Civil Service Code»
An internal Cabinet document was written by Darren Tierney, Ms Gray's successor as Chief Decency Officer, and was marked «official» and «confidential.»
The investigation was launched after the anger of ministers and civil servants over her decision to leave public service to take a job at the highest level in the opposition party.
Senior officials were concerned that this decision could damage the reputation of the civil service.
The April 27 document stated: “The SG contract, like all contracts with the permanent secretary, clearly defined the behavior expected of her, including with regard to declaring any conflicts as they arose.
“The Civil Service Code establishes a requirement for all civil servants to behave honestly, openly and impartially.
“I believe that during the period under review, S.G. failed to live up to these expectations and, as a result, acted in violation of the Civil Service Code, as well as its contractual obligations.
“This is a position for which I have consulted with Sarah Healy [Permanent Secretary of the Department of Excellence], Cabinet Secretary, Solicitor of the Treasury and colleagues in Human Resources; they all agree with these findings and the underlying analysis.”
The FDA, the civil servants union representing Ms. Gray, said she denied violating the Civil Service Code or her employment contract.
Sir Keir also said he was «sure she didn't break any rules.»
Ms. Gray refused to cooperate with the internal investigation, and Dave Penman, FDA Secretary General, insisted that he understood «no conclusion» had been reached.
Ms. Gray is expected to join to the Labor Party as Sir Keir's most senior aide since the autumn, she was initially approached last October when she was Second Permanent Secretary in the Department of Upgrading, Housing and Communities.
The Whitehall Advisory Committee on Business Appointments (Acoba) is expected to issue a separate recommendation that Ms Gray only take up six months of gardening leave following her departure in March.
Disclosure will cause more questions about Ms. Gray's involvement in investigations into Covid rule violations by Boris Johnson and other conservative figures.
While at the Level Up Department, she was commissioned by the then Prime Minister to investigate allegations of rule violations at Downing Street — a decision that Johnson later suggested was a mistake due to questions about her «independence». /p>
Mr. Tierney continued: “We cannot draw any definite conclusions as to where the disciplinary proceedings will lead as they were not undertaken as a result of SG's immediate resignation.
“Given her seniority and the need for ministers to trust their permanent secretaries, as well as the requirement not to damage the reputation of the civil service, there would be reasonable grounds for immediate removal from office during any disciplinary action.
«If the charge of gross misconduct had been upheld, she would most likely have been disciplinary fired.»
Labor «acted quickly and laxly»
Five days after the document was written, Deputy Prime Minister Oliver Dowden released a written ministerial statement in which he referred to Mr. Tierney's investigation, stating: «This process included questioning relevant individuals to establish further details of contacts between Gray and the Leader of the Opposition.
«Ms Gray was given the opportunity to make statements as part of this process, but chose not to.»
Mr. Mr. Dowden noted that, in addition to the requirements of the Civil Service Code, the Civil Service Management Code stipulates that all senior officials are «categorized as 'politically restricted', which imposes additional restrictions on their political activities.»
He added: “Furthermore, there is a requirement under the Civil Service Manual, which is at the heart of the Civil Service Code, that “contacts between high-ranking civil servants and leading members of opposition parties … must … be coordinated with … ministers.” .
Speaking before the House of Commons earlier this year, Jeremy Quinn, Cabinet Minister, said: «Many in the House observed that the leader of the opposition tends to claim a complacent moral monopoly, but there are now serious questions as to whether Labor has undermined, acting quickly and loosely, the rules and impartiality of the civil service». > Mr. Penman, who represented Ms. Gray in negotiations with her former employers, said: “The government's position is in line with the minister's written statement. No conclusions have been drawn as to whether Sue Gray violated the Ministerial Code.
“There was an agreement that the investigation would be suspended until the Akoba process was completed. The investigation has not been completed, it has not received evidence from Sue, and therefore it is just a guess.”
In May, Sir Keir said that he “did not have any discussions with her while she was investigating the Boris Johnson cases at all.” .
On Saturday, a Labor spokesman added: «The official process is Acoba and we have consistently stated that we will abide by it.»
A cabinet spokesman said: «We do not comment on private individuals» .
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