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Role details

Commissioner for Public Law and the Law in Wales - PAT 160079

Application deadline 31 May 2023

Summary

• Organisation: Law Commission
• Sponsor department: Ministry of Justice
• Location: London
• Sectors: Judicial, Prisons & Policing
• Skills: Legal
• Number of vacancies: 1
• Time commitment: 365 day(s) per annum
• Remuneration: £123460 per annum
• Length of term: 5 years
• Application deadline: 11am on 31 May 2023

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Timeline for this appointment

1. Opening date

   11 May 2023

2. Application deadline

   11am on 31 May 2023

3. Sifting date

   22 June 2023

4. Interviews expected to end on

   21 July 2023

Timeline dates are only an estimate and can change

About the role

Introduction

Dear Candidate,

Thank you for considering applying for this important role.

Law Commissioners are instrumental in leading law reform in England & Wales. Our new appointment can expect to play an important and influential part in the evolution of the law in England & Wales during a period of potentially unprecedented change.

The role of a Law Commissioner is not confined to the task of preparing consultation papers and reports.  It is a much bigger job than just that.  You will be directly involved in discussions with Ministers and officials in London and in Wales and with Parliamentary and Legislative Counsel and you will play an active role in the process of steering legislation through Parliament and the Senedd. You will take a leading role in engaging with the public and the press and media in relation to your projects at seminars, roundtables, conferences, during one-to-one meetings and on social media.  You will liaise with the senior judiciary. You will participate in shaping the future strategy of the Commission. You will participate in “peer review” exercises whereby all the Commissioners and the Chair discuss and agree the key policy issues arising in each project.  It is an important feature of our work that all Commission consultation papers and reports are published as the work of the Commissioners and the Chair collectively. 

You will also be good with people. Each Commissioner works closely with a Team Head, a senior lawyer who provides direction and support to the team of lawyers and research assistants, who in turn make up the individual teams working on each project. You will be closely involved in leading a body of exceptionally bright and talented lawyers and researchers who will look to you for on-going direction and support.  The atmosphere within the Commission is collegiate.

We are anxious to look to as broad and diverse a pool of talent as we possibly can to find our new Commissioner. It might be a statement of the obvious but our work, over the next few years, will take place in a challenging constitutional, technical, economic and social climate. The Law Commission must keep abreast of developments and remain relevant. You will be central to that endeavour.

You will be a person of exceptional intellectual ability. You may well have areas of experience and expertise but equally important is that you will be intellectually curious and enthusiastic about turning your abilities to issues and topics which you might not be so familiar with. You will undoubtedly have (and will need) a good sense of humour.

Traditionally, Law Commissioners have been senior Professors, judges, top KCs or leading partners in law firms. 

But I wish to emphasise that we will be looking well beyond our traditional recruiting grounds and I wish to encourage those who might never have considered themselves to be “Law Commission” material to apply.  You might be in Government or in a non-university academic setting. You might be someone on the cusp of senior status in your profession or in your academic institution but who wishes to change the direction of your career. You might be none of the above but nonetheless have the abilities and drive that we are looking for.

Please do not be deterred if the process of law reform is unfamiliar to you. There will be few, if any, candidates who can demonstrate existing abilities and competences in this area.  We are looking for individuals with potential, who will relish the experience of learning new skills on the job.

If you have further questions about these roles, you are welcome to speak to either me or the Commission’s Joint Chief Executives, Joanna Otterburn and Stephanie Hack (Otterburn-Hack@lawcommission.gov.uk)

If you have questions about the appointment process, you can contact the Public Appointments Team at: PublicAppointmentsTeam@Justice.gov.uk, or call Kathy Malvo on 07849 854567.

If you believe you have the experience and qualities we are seeking, I hope you consider applying for this important role.

Sir Nicholas Green

Chair, Law Commission

May 2023

Role description

Specific skills

Each Commissioner takes the lead on a number of jurisdiction-specific projects and this accounts for a substantial proportion of their time.

The present vacancy is for a Commissioner for public law and the law in Wales. Public law is understood broadly to cover law relating to the relationship between the individual and the state apart from purely criminal law. It can cover a wide range of issues spanning constitutional law, administrative law, environmental law, the law relating to the safety and security of vulnerable persons, the use of AI in decision making, etc.

The post-holder’s responsibility for the law of Wales reflects the Commission’s role in relation to Welsh devolved law.  The scope of devolution to Wales has meant that the Welsh law projects so far conducted have been in the public law field, and this is likely to continue to be the case. In the event of the Commission undertaking a project falling within the remit of another Commissioner it is envisaged that that Commissioner would supervise the project, with the Commissioner for public law and Wales playing a supporting and facilitating role.

Projects recently concluded include:

• Automated Vehicles
• Devolved Tribunals in Wales
• Simplification of the Immigration Rules
• Employment Law Hearing Structures
• Regulating Coal Tip Safety in Wales
• Planning Law in Wales

The team’s current work comprises:

• Autonomy in Aviation
• Compulsory Purchase
• Supporting implementation of the Planning Law in Wales Report
• Supporting implementation of the Automated Vehicles Report and Remote Driving Advice
• Disabled chidrens social care

General skills

The Commissioner’s role is participative and proactive. Ultimately, it is the responsibility of the Commissioners collectively to take final decisions in relation to the policy recommendations put forward to the Peer Review process. They also take responsibility for ensuring that work submitted is of high quality and clearly expressed. All of this requires hands-on involvement at every stage of a project. Commissioners are not expected to be an expert in all aspects of every project; it is necessary to be flexible from project to project depending on the Commissioner’s background and expertise and that of the project’s lead lawyer. However, although not exhaustive, the Commissioner’s legal knowledge should always be sufficient to:

• Set the structure and parameters of the project, including involvement in drafting Terms of Reference.
• Develop the main policy proposals.
• Oversee the approach to research.
• Lead stakeholder planning and the building of relationships.
• Test concepts and arguments.
• Write and supervise parts of the Consultation Paper, Report or other publications, where required.

A Commissioner’s role in drafting will differ from project to project, according to the Commissioner’s preferences and capacity, and the extent and expertise of the other lawyer resources available to the project team. Commissioners need to be able to evaluate and comment constructively on drafts and to take on drafting and revision of drafts where required.  

While it is for the Team Head (a civil servant) to ensure that there are systems in place to ensure successful and timely delivery of the project, a Commissioner’s responsibility for the ultimate output means that it is necessary for the Commissioner to engage with the Team Head to project plan and allocate team resources. Commissioners should ensure that they personally adhere to agreed timescales to support project delivery.

Commissioners, working with the Chair, take a lead in trying to attract new projects for the Commission. This involves building networks with Ministers, Government Departments and external stakeholders. Commissioners devote time to identifying potential problem areas of the law within their portfolio, exploring ways to heighten awareness of the issues therefore building a case for reform. They should familiarise themselves with Government, stakeholder and Parliamentary views in relation to potential new projects.

Commissioners lead efforts to bring about implementation of the Commission’s reports, including meeting with Ministers or persuading key stakeholders to support recommendations and make the case for change. Where legislation is involved, Commissioners ensure that they are aware of relevant Parliamentary matters, including use of the Special Procedure for uncontroversial Law Commission Bills, and are confident in liaising with in-house Parliamentary Counsel about possible mechanisms for taking forward legislation.

Commissioners also have responsibility for the portfolio of completed projects which they inherit from their predecessors, including efforts to bring about implementation of that work.

Commissioners spend a considerable proportion of their time building external relationships relevant to their portfolio; they are the outward ‘face’ of their projects. This involves leading key meetings, attending Ministerial meetings, and speaking at events and with the press. They engage directly with senior stakeholders with influence over their projects. They will be open to the use of social media.

Commissioners also act as a ‘salesperson’ for the Commission more generally, delivering speeches or attending relevant external events to create a public profile for the Commission across their areas of law and the wider work of the organisation. Commissioners build relationships with Parliament, especially relevant All Party Parliamentary Groups or interested Members. Commissioners establish strong links with key opinion-forming groups, with academia and the judiciary. They should regularly attend receptions and conferences.

The relationship between the Commission and Wales is of particular importance. The Commissioner will be expected to be pro-active in developing working relations with the Government of Wales and the Senedd.  They will also work closely with the Commission’s Wales Advisory Group. The Commissioner is not required be familiar with Welsh devolved law as a whole, but will need to develop a general knowledge of the principles of devolved legislative competence.

In order to have maximum impact, Commissioners must be able to adapt tone and style depending on the audience, explaining difficult legal concepts in plain English. They should always have sufficient knowledge of the subject matter to represent the Commission authoritatively. Commissioners should be comfortable talking to the media (with appropriate training where necessary).

Commissioners play an active part in Peer Review, the process by which all Law Commission consultation papers and reports are agreed and published. The focus is on ensuring that the legal policies under consideration are robust, well-reasoned, supported by evidence and in keeping with the values of the Commission. Commissioners respond to papers according to the agreed timetables. The relevant Commissioner is accountable for their team’s work during peer review discussions, though in many cases the lead team lawyer will also play a key role.

Commissioners also make a full contribution to meetings of the Board of the Law Commission, ensuring they are familiar with Board papers. They should be comfortable talking about project and programme management; staffing issues; and budgets. They should be able to lead discussions about strategic issues affecting their own team’s work confidently to the Board, making recommendations in a non-partisan, non-defensive way. Commissioners are expected to take collective decisions for the benefit of the Commission as a whole, putting aside the interests of their team.

Commissioners need to be comfortable using IT and willing to manage their own diaries.

Organisation description

The Law Commission was established in 1965 and is an independent arm’s length body operating under the sponsorship of the Ministry of Justice. Our statutory function is to keep the laws of England and Wales under review and to recommend reform where it is needed. The aim of the Commission is to ensure that the law is fair, modern, simple, and cost effective. We achieve this by conducting law reform projects looking at areas of law that are causing problems to individuals, businesses, the third sector or Government. We examine the law, consider options for reform in consultation with stakeholders, and finally make recommendations to Government and the legislature .

We have produced more than 350 sets of law reform recommendations over more than 50 years. Less than 10% of our reports have been rejected in that time.  We tackle any area of law that is suitable for consideration by an independent body of legal policy experts. Our work ranges from the technical, such as exercises in codification and the streamlining of over-complicated law, to the formulation of new legal approaches to high-profile social and economic policy issues. Our projects generally address relatively broad and complex areas and systems of law rather than narrow legal issues. 

We employ, and work with, some of the best legal minds in the country and have an excellent track record of building consensus so that Government and  the legislature can have confidence that our recommendations can be implemented effectively.

The archetypal Law Commission end-products are our detailed law reform reports. Our reports are often accompanied by draft legislation and are backed up by impact assessments. We also have experience in providing advice to Government, and in proposing draft regulatory or non-legislative solutions including official guidance and explanatory legal clarification, often for a non-legal audience. The Law Commission is not suitable for projects where the answer is required in weeks or just a few months. Our commitment to intensive research and analysis, in-depth consultation and the Law Commissioners’ detailed peer review of our law reform teams’ work, means that our projects are likely to take in excess of twelve months.

The Commission has five statutory Commissioners. The Chair is a serving Court of Appeal Judge. Each of the other four Commissioners is a leading legal expert and oversees a team of lawyers and research assistants working in one of four teams, currently: Criminal Law; Property, Family and Trust Law; Public Law and Welsh Law; and Commercial and Common Law.

Details of the Law Commission’s projects are available on our website (www.lawcom.gov.uk).

Consultation

The Commission is asked to consider some of the most challenging areas of the law. We have the capacity to work through the issues and understand the differing perspectives before we put forward recommendations for reform. The Commission is wedded to the principles of genuine public consultation with the widest possible audience. This enables thorough scrutiny of our proposals, which are frequently developed and adjusted in the light of the contributions of stakeholders, both in the UK and overseas. Our approach involves a significant amount of face-to-face engagement with expert individuals and representative bodies, as well as formal public consultation. This process is time consuming, but it leads to well-considered recommendations which can be demonstrated to be based on the best possible evidence. The process gives the greatest opportunity for consensus to emerge.

Independence

One of the reasons the Government asks the Law Commission to undertake work is because we are rigorously apolitical and independent. Our recommendations are based on a balanced analysis of options, and our view of the best way to reform the law. To demonstrate our independence, the Commission always publishes its conclusions at the end of a project, laying our final reports in Parliament. The Lord Chancellor and Welsh Ministers have a duty to make an annual statement to Parliament and the Senedd respectively about the implementation of Law Commission reports.

We are, however, responsible in the exercise of our independence. We are acutely aware of the need to put forward realistic and workable solutions. We are often able to frame terms of reference in a way which focuses our work within particular parameters avoiding controversies or the opening of issues where Government policy is fixed. We have developed Protocols with the UK and Welsh Governments which record that we will only undertake work where Government has a “serious intention” to take forward law reform in the area.

Staff

The Law Commission is a small organisation of approximately 70 staff, the majority of whom are legal experts, many specialising in a particular area of law. Each team is led by a Commissioner and a Legal Team Head, overseeing a number of lawyers and Research Assistants. Our staff have policy, legislative and legal expertise, which results in our recommendations demonstrating not just strong legal analysis but also a deep understanding of policy development and the mechanics of changing the law, and experience of what will work in practice. We bring in external expert lawyers and others where necessary for particular specialist projects where we do not already have suitable staff. We also have in-house Parliamentary Counsel (legislative drafters) who not only draft any legislation accompanying the project but also offer advice as to the legislative workability of our proposals from the outset of the project. We also employ an economist who ensures that the costs and benefits of our recommendations are accurately and robustly assessed through the provision of accompanying Impact Assessments. There is a small Corporate Services Team, providing communications, HR and Finance advice.

Budget

The Law Commission receives approximately £4-5million annually from the Ministry of Justice but also seeks to secures funding from Whitehall Departments to offset that MoJ funding.

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

Those considering becoming a Law Commissioner will need to demonstrate that they have:

• Excelled in their chosen field of public law, and also have the ability to deal successfully with the law in Wales, and are committed to the importance of delivering effective law reform
• the ability to think analytically and creatively to resolve complex legal problems and to take reasoned decisions, including a keen interest in the challenges and opportunities presented by emerging technologies.
• excellent oral and written communication skills, with the ability to present complex ideas to a diverse range of audiences, including members of the public.
• an open-minded approach with a willingness to think flexibly and consult widely before reaching firm conclusions.
• awareness of the diverse needs and backgrounds of those affected by the work of the Commission and of colleagues and staff within the Commission, including a desire to learn about, build relationships with and engage with Parliament, Ministers and a diverse range of stakeholders.
• The ability and aptitude to lead both people and the strategic direction of the organisation.

Application and selection process

How to apply

In order to apply you will need to create an account or sign in on the public appointment website https://apply-for-public-appointment.service.gov.uk/create-account  Once you are logged into your account, click on 'apply for this role' and follow the on-screen instructions.

To apply, all candidates are required to provide:

a Curriculum Vitae (CV) - (maximum two sides of A4) detailing your qualifications, employment history and any appointments or offices you hold. Please also provide your preferred contact number and email address.

a supporting statement - (maximum two sides of A4) providing evidence against the role criteria and your suitability for the post, including evidence of leadership qualities and a vision for the organisation. Please consider the role and criteria carefully in preparing your statements. Structuring the statement around the criteria using relevant headings also aids clarity. Guidance on how to write a successful application can be found at Appendix 2.

equality information - Information is requested for monitoring purposes only and plays no part in the selection process. It will be kept confidential and will not be seen by the AAP.

information relating to any outside interests or reputational issues - If you have any interests that might be relevant to the work of the Commission and which could lead to a real or perceived conflict of interest if you were to be appointed, please provide details in your supporting documents. Given the nature of public appointments, it is important that those appointed as members of public bodies maintain the confidence of Parliament and the public. If there are any issues in your personal or professional history that could, if you were appointed, be misconstrued, cause embarrassment, or cause public confidence in the appointment to be jeopardised, it is important that you bring them to the attention of the AAP. Please provide details of the issue/s in your supporting letter. In considering whether you wish to declare any issues, you should also reflect on any public statements you have made, including through social media.

The AAP may explore any issues with you before they make a recommendation on the appointment. Failure to disclose such information could result in an appointment either not being made or being terminated. Conflicts might arise from a variety of sources such as financial interests or share ownership, membership of, or association with, particular bodies or the activities of relatives or partners.

requests for referees - Please provide names and contact details of two people who may be asked to act as referees for you to PublicAppointmentsTeam@justice.gov.uk (quote PAT160079 in any correspondence). At least one referee must have knowledge of your work relating to your most recent professional and/ or voluntary activity. They will be expected to have authoritative and personal knowledge of your achievements in a professional or public service capacity.

If you have any questions about any aspects of this post, you are welcome to contact  Joanna Otterburn or Steph Hack at 

Otterburn.Hack@lawcommission.gov.uk

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)

• Amy Randall, MoJ Director, Victims, Vulnerabilities and Criminal Law (Panel Chair);
• The Rt Hon Sir Nicholas Green, Law Commission Chair;
• The Rt Hon Lady Justice Nicola Davies, Specialist Member; and
• Professor John Tasioulas (Independent Panel Member)

Advisory Assessment Panels (AAP) are chosen by ministers to assist them in their decision-making. These include a departmental official and an independent member. For competitions recruiting non-executive members of a board (apart from the Chair), the panel will usually include a representative from the public body concerned.

AAP’s perform a number of functions, including agreeing an assessment strategy with ministers, undertaking sifting, carrying out interviews in line with the advertised criteria and deciding objectively who meets the published selection criteria for the role before recommending to ministers which candidates they find appointable. It is then for the minister to decide who to appoint to the role.

Eligibility criteria

In order to be considered for appointment as a Law Commissioner, you must meet the criteria in section 1(2) of the Law Commissions Act 1965, which requires you to be the holder of a judicial office, or a person who has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990, or a teacher of law in a University.

There must be no employment restrictions, or limit on your permitted stay in the UK

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  PublicAppointmentsTeam@justice.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. These are:

1. Selflessness - Holders of public office should act solely in terms of the public interest.
2. Integrity - Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.
3. Objectivity - Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.
4. Accountability - Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.
5. Openness - Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.
6. Honesty - Holders of public office should be truthful.
7. Leadership - Holders of public office should exhibit these principles in their own behaviour and treat others with respect. They should actively promote and robustly support the principles and challenge poor behaviour wherever it occurs.

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 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

• The salary is currently £123,460.
• Annual leave, excluding public holidays, is 30 days per year.
• As the office of Commissioner is full-time, paid outside work may be undertaken only with the agreement of the Lord Chancellor.
• Travel expenses will not be paid for journeys from home to the Commission, however, they will be paid for travel undertaken while on Commission business.

Pension and redundancy

This post is pensionable

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 Maggie Garrett public appointments team in the first instance if you would like to make a complaint regarding your application at PublicAppointmentsTeam@justice.gov.uk.  They will acknowledge your complaint upon receipt and respond within 20 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.

In accordance with the Public Appointments Order in Council 2019(4)(5), we will process your application in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and the Ministry of Justice’s Information Charter, which can be found at https://www.gov.uk/government/organisations/ministry-of-justice/about/personal-information-charter.

Your data will be held securely and access will be restricted to those dealing with your application or involved in the recruitment process. Your data may also be shared with the Commissioner for Public Appointments and other relevant government departments, including the Cabinet Office, as part of a complaint investigation or review of the recruitment process. Cabinet Office will handle data in accordance with their Privacy Notice https://publicappointments.cabinetoffice.gov.uk/privacy-notice. Your data may also be disclosed as required by law or in connection with legal proceedings.

Your data will be stored for up to two years and processed for the purpose of the recruitment process, diversity monitoring unless you specifically request us not to.

Should you wish your data to be removed from our records, please contact publicappointmentsteam@justice.gov.uk

Contact details

If you have any questions about any aspects of this post, you are welcome to contact the Commission’s Joint Chief Executives, Joanna Otterburn and Stephanie Hack (Otterburn-Hack@lawcommission.gov.uk)

Attachments

• Commissioner for Public Law and the Law in Wales - Candidate Information Pack