First-tier Tribunal (General Regulatory Chamber)

EA-2023-0405 - [2024] UKFTT 00700 (GRC)

Fecha: 30-Jul-2024

Factual background to the appeal

Factual background to the appeal

10.

Rishi Sunak has been the Conservative MP for Richmond (Yorkshire) since 7 May 2015. He was first appointed as a Minister of the Crown in January 2018 as the Parliamentary Under-Secretary of State at the then Ministry of Housing, Communities and Local Government. From 13 February 2020 – 5 July 2022, he served as Chancellor of the Exchequer.

11.

In accordance with the Ministerial Code Mr Sunak made declarations of interest (or confirmed previous declarations) upon his appointment to Ministerial positions (in January 2018, July 2019, February 2020 and November 2021).

12.

In 2022 Boris Johnson, the then Prime Minister, asked Lord Geidt, the Independent Advisor on Ministers Interests, to advise on Mr. Sunak’s adherence to the requirements of the Ministerial Code in respect of his declarations of interest. The resulting advice was published in April 2022 and is entitled ‘Advice from the Independent Advisor on Ministers’ Interests about the Chancellor of the Exchequer’s outside interests’. It is referred to in this decision as Lord Geidt’s report.

13.

Lord Geidt’s report dealt with a number of interests held by Mr. Sunak or by his wife, in relation to which allegations had been made that these had not been declared or that they gave rise to conflicts of interest. One of those interests was the Chancellor’s possession of a US Permanent Resident Card (known as a Green Card) until October 2021.

14.

Lord Geidt’s report included the following:

“18.

While having initially been declared, on appointment to ministerial office at HM Treasury the fact of the [Green] Card was not repeated in the declaration. The Chancellor has explained that this was based on his previous understanding of the relevance of the Card. In light of the above analysis I am satisfied that this was an appropriate course of action. In doing so I note that, at the point of considering ministerial travel to the USA, he informed the department that he possessed the Card in case it should give rise to any material issue. He also discussed the matter with the relevant authorities in the United States and, as a result of those discussions, decided that it would be appropriate at that point to relinquish the Card.”

15.

The appeal relates to correspondence between HMT and US officials on the subject of the green card during the period of time when Mr. Sunak occupied senior ministerial roles at HMT namely Chief Secretary to the Treasury and then Chancellor of the Exchequer.