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Appointment details

Chair of the Security Vetting Appeals Panel (SVAP)

Summary

• Organisation: Security Vetting Appeals Panel
• Sponsor department: Cabinet Office
• Location: London
• Sectors: Judicial, Prisons & Policing
• Skills: Legal, Judicial
• Number of vacancies: 1
• Time commitment: Adhoc
• Remuneration: £997 per day
• Length of term: 5 years
• Application deadline: 11:59pm on 24 February 2023

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Timeline for this appointment

1. Opening date

   30 January 2023

2. Application deadline

   11:59pm on 24 February 2023

3. Sifting date

   10 March 2023

4. Interviews expected to end on

   17 March 2023

Timeline dates are only an estimate and can change

About the appointment

Introduction

The Cabinet Office is looking for someone with exceptional communication and leadership skills to join us in chairing the Security Vetting Appeals Panel. This is both a challenging and exciting time to join the Security Vetting Appeals Panel. National Security Vetting is a critical service for the Government and enables people to be appointed and moved into sensitive roles around government and industry, and also supports trusted relationships and the sharing of information with international partners.

Introduction from the Minister

Dear Candidate

Thank you for your interest in this vacancy for the Chair of the Security Vetting Appeals Panel (SVAP).

You may already have an understanding of the important work of the SVAP and the following pages will go into further detail about its purpose and the nature of the Panel, and the role of the Chair, as well as the application process. Please view the Cabinet Office website to understand the work of the SVAP and the strategic framework review they are currently undertaking.

Should you have questions about any aspect of this post, you are welcome to speak to Jon Palmer, Secretary of the SVAP Secretariat within the Government Security Group (0207 2760074 or 07796709396) Jon.Palmer@cabinetoffice.gov.uk.

If you believe you have the experience and qualities we are seeking, we very much look forward to hearing from you.

Chancellor of the Duchy of Lancaster, The Rt Hon Oliver Dowden CBE MP

Appointment description

The Chair is expected to use their skills and essential experience as a senior judge to run effective appeal hearings of a complex and sensitive nature, drafting hearing reports and issuing final judgements. The Chair is also expected to consider matters of non-disclosure and provide well-reasoned arguments to resolve these issues between parties. The Secretariat is currently undergoing a period of transition and transformation to modernise and improve its practices and the successful candidate will have an integral role working alongside the Secretariat to achieve these aims.

The successful candidate will also need to develop and maintain a close working relationship with the Secretariat, the Deputy Chair and the Panel’s Lay Members. The Chair of the SVAP has overall responsibility for the performance of the Panel, to ensure that it fulfils its remit and meets the governance, financial management and efficiency standards required of it as a public body.

Organisation description

The establishment of the Security Vetting Appeals Panel (SVAP) was announced by the Prime Minister (Mr Blair) in July 1997. It is a Non-Departmental Public Body (NDPB) with advisory functions, sponsored by the Cabinet Office, and hears appeals against the refusal or withdrawal of national security vetting clearance. It is available to employees in the public and private sectors and in the Armed Forces who are subject to national security vetting and have exhausted existing appeals mechanisms within their own organisations and remain dissatisfied with the result. It is also available to contractors, but not to candidates for employment.

The arrangement was confirmed by the Prime Minister (Mr Cameron) following the change of government in 2010, when he published a new document: “HMG Personnel Security Controls” (https://www.gov.uk/government/publications/hmg-personnel-security-controls).The document sets out the process for reviewing decisions to refuse or withdraw national security vetting clearance. It requires organisations to have an internal appeals process against an initial decision. This internal process must follow natural justice principles, with individuals who hear appeals having had no prior involvement in the case. The arbiter is enjoined to operate as transparently as possible, and to consider (i) the decision (including scrutinising the information on which it was based); (ii) the decision-making process; and (iii) the level of disclosure provided to the applicant.

Where an individual has exhausted the internal appeals process, he or she can bring an appeal to the SVAP.  The Panel will seek a statement from the appellant and from the organisation and will arrange a hearing. The appellant may be accompanied by a “friend” who can help them present their case. Since the issues considered by the Panel are not matters of law, formal legal representation is not generally permitted.

When the SVAP hears a case, it follows an informal procedure, with hearings confidential to the parties concerned. The Panel will review the decision to refuse or withdraw security clearance and the process involved.  It can recommend that the vetting decision should stand, or that security clearance should be granted or restored.  It can also comment on the process followed, and can recommend that it be re-run. It makes an ‘open’ report of its findings with recommendations to the head of the department or organisation involved and copies the report to the appellant. SVAP recommendations are not binding on departments and organisations, though in practice they are almost invariably followed.

Where the case involves sensitive information which cannot be shared with the appellant, the Panel may offer the appellant the opportunity to request the appointment of a special advocate, who can make representations on behalf of the appellant.  In such cases, a separate ‘closed’ report will be made to the head of the department or organisation.

Board composition

Due to the nature of the Panel’s work, the Chair and Deputy Chair are senior retired members of the judiciary, with Lay Members having suitable experience at a senior level in public service or the legal and private sector.

Cases are normally heard by a panel of three, consisting of the Chair or Deputy Chair supported by two Lay Members. The Panel is supported by a small Secretariat in the Government Security Group of the Cabinet Office.

Further information on the Cabinet Office can be found here and the information on the SVAP can be found on this link: 

Current Membership

Chair

●     Dame Heather Hallett

Deputy Chair

●     Sir Antony Edwards-Stuart

Lay Members

●     Jim Barron

●     Sally Berlin

●     Helen Dearden

●     Nick Griffin

●     Philippa Hardwick

●     Stephen Hawker

●     Iain McGrory

●     Claire Stokes

Location

The role will be based in London as a number of Panel hearings are held in person, but the Panel occasionally hears cases in Belfast. The Panel has also taken the opportunity to hold hearings via video link. Some travel may be required.

Regulation of appointment

This post is regulated by the Commissioner for Public Appointments. For more information, please refer to the Commissioner’s website 

Person specification

Essential criteria

●     Senior retired member of the judiciary (Appeal Court or High Court judge).

●     The ability to lead with confidence the Deputy Chair and Lay Members, managing contributions in an effective and constructive way with a commitment to consensual decision-making.

●     The ability to provide strong corporate governance and constructive challenge to the executive.

●     Experience of presiding over hearings which require complex legal arguments to be assessed and authoritative rulings made, which might be subject to further legal challenge.

●     The ability to question witnesses and manage legal representatives in order to effectively conduct a hearing involving conflicting arguments and evidence.

●     The ability to examine and analyse complex issues impartially.

●     The ability to communicate with all parties to an appeal in a thorough and clear way, both orally and in writing, including the drafting of case reports.

●     Good team-working skills and the ability to produce meaningful performance assessments on other members of the Panel.

Desirable criteria

●     The ability to deliver balanced recommendations to Heads of Organisations in individual cases which may be highly critical of the action of those organisations or specific individuals within them.

●     The ability to consider work constructively and its impact for change (e.g. to HMG’s national security vetting policy).

●     The ability to hold and maintain the confidence of Ministers, Parliament and the public.

Application and selection process

How to apply

In order to apply you will need to provide:

1. A  Curriculum Vitae which provides your contact details, details of your education and qualifications, employment history, directorships, membership of professional bodies and details of any relevant publications or awards;

2. A supporting statement setting out how you meet the criteria for appointment, as set out in the person specification for the role;

3. Information relating to any outside interests or reputational issues;

4. Diversity monitoring information. This allows us to see if there are any unfair barriers to becoming a public appointee and whether there are any changes that we could make to encourage a more diverse field to apply. You can select “prefer not to say” to any question you do not wish to answer. The information you provide will not be used as part of the selection process and will not be seen by the interview panel;

5. Disability Confident – please state if you want to be considered for the disability confident scheme;

6. Reasonable adjustments - requests for reasonable adjustments that you would like to the application process (if applicable);

Please provide the information at points 3-6 above on the relevant form, or as part of your supporting statement.

Completed applications should be submitted to  Jon Palmer via svap@cabinetoffice.gov.uk

The Advisory Assessment Panel reserves the right to only consider applications that contain all of the elements listed above, and that arrive before the published deadline for applications.

Overview of the application process

Public appointments are made on merit following a fair and open competition process which is conducted in accordance with the Governance Code for Public Appointments. We will deal with your application as quickly as possible and will keep you informed at key stages. We aim to conclude the appointment process within three months of the deadline for applications – this is in accordance with the Governance Code.

The assessment process

1. Ministers are responsible and accountable to Parliament for the public appointments made within their department. As a result, they must be consulted at every stage of the appointments process.

2. An Advisory Assessment Panel (“Panel”) is appointed by Ministers to assist them in their decision making. The role of the Panel is to decide, objectively, which candidates meet the eligibility criteria for the role.

3. At the shortlisting meeting the Panel will assess applications against the eligibility criteria and decide which candidates have best met the criteria, who should be recommended for interview. Ministers will then be consulted on the Panel’s recommended shortlist. If you have applied under the Disability Confident Scheme and you meet all the essential criteria, then you will also be invited for an interview.

4. Once the shortlist has been agreed by Ministers, you will be advised (by e-mail) whether you have been shortlisted. Those shortlisted will be invited to an interview.

5. The Panel will meet again to interview candidates and determine who is appointable to the role. The Panel may invite you to make a brief presentation at the start of the interview and will go on to question you about your skills and experience, including asking specific questions to assess whether you meet the criteria set out for the post. The Panel will also explore with you any potential conflicts of interest or any other issues arising from your personal and professional history which may impact on an appointment decision.

6. Details of the panel’s assessment of interviewed candidates are provided to Ministers, including whether they have judged a candidate to be appointable to the role. It is then for Ministers to determine merit and decide who should be appointed. In some circumstances, Ministers may choose not to appoint any candidates and re-run the competition.

7. Ministers may choose to meet with candidates before deciding the outcome. Candidates should therefore be prepared for a short time gap between interview and a final appointment decision being made. Candidates who have been interviewed will be kept informed of progress.

8. Once the decision on the appointment has been made, interviewed candidates will be advised of the outcome of their application, including whom they may approach for feedback. Successful candidates will be issued with their Terms & Conditions and a letter of appointment should they agree to take up the position.

Further information about appointments, including tips on applying, can be found on our guidance pages on gov.uk.

Advisory Assessment Panel (AAP)

• Tom Bramley, Director, Strategy & Policy, Government Security Group, Cabinet Office Representative and Chair of AAP
• The Right Hon. the Baroness Stuart of Edgbaston, Independent Panel Member
• The Lord Hastings of Scarisbrick CBE, Independent Panel Member

Eligibility criteria

In general, you should have the right to work in the UK to be eligible to apply for a public appointment.

There are a small number of specialist roles that are not open to non-British citizens. Any nationality requirements will be specified in the vacancy details.

The Government expects all holders of public office to work to the highest personal and professional standards. 

You cannot be considered for a public appointment if:

• you are disqualified from acting as a company director  (under the Company Directors Disqualification Act 1986);

• have an unspent conviction on your criminal record;

• your estate has been sequestrated in Scotland or you enter into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17) as the debtor or have, under Scots law, granted a trust deed for creditors.

When you apply, you should declare if:

• you are, or have been, bankrupt or you have made an arrangement with a creditor at any point, including the dates of this. 

• you are subject to a current police investigation.

You must inform the sponsor department if, during the application process, your circumstances change in respect of any of the above points. 

When you apply you should also declare any relevant interests, highlighting any that you think may call into question your ability to properly discharge the responsibilities of the role you are applying for. You should also declare any other matters which may mean you may not be able to meet the requirements of the Code of Conduct of Board Members (see Outside interests and reputational issues section below)

If you need further advice, please contact Jon Palmer via svap@cabinetoffice.gov.uk

Security clearance

The successful candidate will be required to undertake Baseline Personnel Security Standard checks in line with the Civil Service guidelines. Additional Security Clearance may also be required for certain roles. However, where this applies, candidates will be notified during the appointment process. Further information on National Security Vetting can be found on the Gov.uk website here.

Additional information for candidates

Equality and diversity

We encourage applications from talented individuals from all backgrounds and across the whole of the United Kingdom. Boards of public bodies are most effective when they reflect the diversity of views of the society they serve and this is an important part of the Government’s levelling up agenda.

We collect data about applicants’ characteristics and backgrounds, including information about people’s educational and professional backgrounds, so that we can make sure we are attracting a broad range of people to these roles and that our selection processes are fair for everyone. Without this information, it makes it difficult to see if our outreach is working, if the application process is having an unfair impact on certain groups and whether changes are making a positive difference.

When you submit your application, your responses are collected by the Cabinet Office and the government department(s) managing your application. The data is used to produce management information about the diversity of applicants. You can select “prefer not to say” to any question you do not wish to answer. The information you provide will not be seen by the Advisory Assessment Panel who review applications against the advertised criteria and conduct interviews.

Disability confident

We are a member of the Government’s Disability Confident scheme. We use the Disability Confident scheme symbol, along with other like-minded employers, to show our commitment to good practice in employing people with a disability. The scheme helps recruit and retain disabled people. 

As part of implementing the scheme, we guarantee an interview for anyone with a disability whose application meets the essential criteria for the role, set out in the advert, and who has asked that their application is considered under the scheme. Indicating that you wish your application to be considered under the scheme will in no way prejudice your application. By ‘minimum criteria,’ we mean that you must provide evidence which demonstrates that you meet the level of competence required under each of the essential criteria, as set out in the job-advert.

When you apply you will have the opportunity to select if you would like your application considered under this scheme.

Reasonable adjustments

We are committed to making reasonable adjustments to make sure applicants with disabilities, physical or mental health conditions, or other needs are not substantially disadvantaged when applying for public appointments. This can include changing the recruitment process to enable people who wish to apply to do so.

Some examples of common changes are:

• ensuring that application forms are available in different or accessible formats;
• making adaptations to interview locations;
• allowing candidates to present their skills and experience in a different way;
• giving additional detailed information on the selection / interview process in advance to allow candidates time to prepare themselves;
• allowing support workers, for example sign language interpreters;
• making provision for support animals to attend.

When you apply you will have the opportunity to request reasonable adjustments to the application process.

Principles of public life

Holders of public office are expected to adhere to and uphold the Seven Principles of Public Life https://www.gov.uk/government/publications/the-7-principles-of-public-life/the-7-principles-of-public-life--2. These are:

1. SELFLESSNESS - Holders of public office should act solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family or their friends;
2. INTEGRITY - Holders of public office should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties;
3. OBJECTIVITY - In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, holders of public office should make choices on merit;
4. ACCOUNTABILITY - Holders of public office are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office;
5. OPENNESS - Holders of public office should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions and restrict information only when the wider public interest clearly demands;
6. HONESTY - Holders of public office have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest;
7. LEADERSHIP - Holders of public office should promote and support these principles by leadership and example.

Code of conduct for board members

The Government expects all holders of public office to work to the highest personal and professional standards. In support of this, all non-executive board members of UK public bodies must abide by the principles set out in the Code of Conduct for Board Members of Public Bodies. The Code sets out the standards expected from those who serve on the boards of UK public bodies and will form part of your terms and conditions of appointment.

Management of outside interests and consideration of reputational issues

Holders of public office are expected to adhere and uphold the Seven Principles of Public Life and the Code of Conduct for Board Members of Public Bodies. Before you apply you should consider carefully: 

• any outside interests that you may have, such as shares you may hold in a company providing services to government; 
• any possible reputational issues arising from your past actions or or public statements that you have made; 
• and/or - any political roles you hold or political campaigns you have supported; 

which may call into question your ability to do the role you are applying for.

You will need to answer relevant questions in relation to these points when making an application. Many conflicts of interest can be satisfactorily resolved and declaring a potential conflict does not prevent you from being interviewed. If you are shortlisted for an interview, the panel will discuss any potential conflicts with you during that interview, including any proposals you may have to mitigate them and record that in their advice to ministers. Alongside your own declaration, we will conduct appropriate checks, as part of which we will consider anything in the public domain related to your conduct or professional capacity. This may include searches of previous public statements and social media, blogs or any other publicly available information. The successful candidate(s) may be required to give up any conflicting interests and their other business and financial interests may be published in line with organisational policies. 

Details of declared political activity will be published when the appointment is announced, as required by the Governance Code (political activity is not a bar to appointment, but must be declared).

Status of appointment

As this is an office holder appointment, you will not become a member of the Civil Service. You will not be subject to the provisions of employment law.

Appointment and tenure of office

Appointments are for the term set out in this advert, with the possibility of re-appointment for a further term, at the discretion of Ministers.  Any re-appointment is subject to satisfactory annual appraisals of performance during the first term in the post. There is no automatic presumption of reappointment; each case should be considered on its own merits, taking into account a number of factors including, but not restricted to, the diversity of the current board and its balance of skills and experience. In most cases, the total time served in post will not exceed more than two terms or serve in any one post for more than ten years

Remuneration, allowances and abatement

Remuneration for this role is treated as employment income and will be subject to tax and National Insurance contributions, both of which will be deducted at source under PAYE before you are paid. 

You can claim reimbursement for reasonable travel and subsistence costs which are properly and necessarily incurred on official business, in line with the travel and subsistence policy and rates for the organisation to which you are applying. However these payments are taxable as earnings and will be subject to tax and national insurance, both of which will be deducted at source under PAYE before you are paid.  

Pension and redundancy

This is an office holder appointment and does not attract any benefits under any Civil Service Pension Scheme. You will not be eligible for redundancy pay as you are not an employee. No other arrangements have been made for compensation upon the end of your term of appointment because an office holder who is appointed for a limited duration would have no expectation of serving beyond that period.

Application feedback

We will notify you of the status of your application. We regret that we are only able to offer detailed feedback to candidates who have been unsuccessful at the interview stage.

How to complain

We aim to process all applications as quickly as possible and to treat all applicants with courtesy.

Please contact the Cabinet Office public appointments team in the first instance if you would like to make a complaint regarding your application at publicappointments@cabinetoffice.gov.uk. They will acknowledge your complaint upon receipt and respond within 15 working days.

How to complain to Office of the Commissioner for Public Appointments (OCPA)

If you are not content with the appointing department’s response you may wish to further complain to the Commissioner at publicappointments@csc.gov.uk.Further information on how the Commissioner handles complaints can be found on the Commissioner for Public Appointments’ website https://publicappointmentscommissioner.independent.gov.uk/regulating-appointments/investigating-complaints/

Data protection

The Cabinet Office will use your data in line with our privacy policy.

Your personal information will be held in accordance with the General Data Protection Regulation.  You will not receive unsolicited paper or electronic mail as a result of sending us any personal information.  No personal information will be passed on to third parties for commercial purposes.

When you submit personal information to us when making an application, we promise we will:

•      only ask for what we need, and not collect too much or irrelevant information;

•      ensure you know why we need it;

•      protect it and insofar as is possible, make sure nobody has access to it who shouldn't;

•      ensure you know what choice you have about giving us information;

•      make sure we don't keep it longer than necessary; and

•      only use your information for the purposes you have authorised.

We ask that you:

•      give us accurate information;

•      tell us as soon as possible of any changes; and

•      tell us as soon as possible if you notice mistakes in the information we hold about you.

If you apply for a post, the manner in which we share information with the interview panel is described above.

Contact details

Should you have questions about any aspect of this post, you are welcome to speak to Jon Palmer, Head of the SVAP Secretariat within the Government Security Group (0207 276 0074 or 07796709396) Jon.Palmer@cabinetoffice.gov.uk.

Attachments

• SVAP Candidate Pack