The Commissioners' Recruitment Code sets out the way in which ministerial interest can be accommodated within a system which selects on merit, is free from personal or political bias and ensures that appointments can last into a future administration.
(see the section Involvement of ministers).
The Code encourages consultation with the relevant Minister on the terms on which the post is to be advertised; the job and person specifications; the selection criteria; and the composition of the selection panel.
Exceptionally and because of the change in the accountability of the post-holder, the First Commissioner agreed that the Secretary of State could brief the shortlisted candidates on the NHS's future. She also invited the Secretary of State to brief the interviewing panel on her hopes and aspirations for the NHS.
The Code also envisages the Minister being kept in touch with the progress of the competition. This includes being provided with full information on the candidates on the longlist and shortlist so that he or she is able to express any further views to the selection panel on the expertise, experience and skills required for the post.
Therefore, the Secretary of State, after the briefing meetings, was given the opportunity to raise with the First Commissioner any areas she would want the panel to explore with candidates. This additional part of the selection process was not an opportunity for the Secretary of State to interview the candidates or to express a view about their relevant merits – which would be against the Code. The Secretary of State's briefing meetings and all of the interviews conducted by members of the panel were minuted by one of the First Commissioner's staff.
The process was published on our website at the time.
