MPs raise conflict concerns over Pinsents partner's proposed EHRC role

Connections between legal firm Pinsent Masons and the UK Government mean that an otherwise suitable candidate to chair the Equality & Human Rights Commission cannot be recommended for appointment so long as he remains a senior equity partner at the firm, according to MPs scrutinising the proposal.

Harriet Harman MP, chair of Westminster's Joint Committee on Human Rights, and Maria Miller MP, chair of the Women & Equalities Committee, have written to the minister responsible, Nicky Morgan, to say that their respective committees are of the view that despite certain proposed assurances, they are unable to recommend that the appointment of David Isaac should proceed in present circumstances.

The letter confirms that "if the concerns relating to potential or perceived conflict of interest were to be addressed, Mr Isaac would be a good candidate for appointment as the next chair of the EHRC".

It also notes assurances received over the propriety of the appointment process, and the assurance of the Director General of Propriety & Ethics at the Cabinet Office that there is "no conflict of interest that would call into question" Mr Isaac's ability to perform the role.

However, the letter continues, "The committees have received advice both from the [Joint Committee's] legal advisers and from the Office of Speaker's Counsel which confirms our view that Mr Isaac’s appointment, in conjunction with his continuance as a senior equity partner of a law firm which conducts a significant amount of business with the Government, would constitute a serious potential conflict of interest.

"We also believe, notwithstanding the Government's assurances to the contrary, that there is a possibility that Mr Isaac’s appointment might trigger a review of the EHRC’s 'A' status, given that a key requirement of the Paris Principles is that a [National Human Rights Institution] should be independent of Government."

Pinsent Masons' website boasts – alongside a picture of Mr Isaac – of its being "immersed in Government policy" and of its appointment to a panel of expert advisers in a number of practice areas. The committees also note the firm's involvement in areas such as public procurement or employment law, which could raise difficulties if the EHRC were to consider litigation or investigatory work in a field where the outcome could have a direct effect on clients of the firm. Both his interests as an equity partner and his duties to his clients could give rise to issues, the letter states.

It adds: "The Commission has a very broad remit and Pinsent Masons LLP undertakes a very wide range of work. It is difficult in these circumstances to reconcile these professional duties with the Nolan principles which require a public official to act solely in the public interest and in an open and transparent manner."

While it had been suggested that Mr Isaac might recuse himself in appropriate cases, the MPs are concerned that if this hapened frequently, it could call into question his ability to perform the role of chair.