- ACOBA chair Lord Eric Pickles said in July 2021 that Dominic Cummings had broken the rules.
- Ministers have sent letters to Pickles about subsequent rule breaches by others, but not about Cummings.
The government is refusing to disclose records on its work on responding to a letter sent in July 2021 from the chair of the revolving door watchdog about a breach of the rules by Boris Johnson's former senior adviser, Dominic Cummings.
ACOBA chair Lord Eric Pickles wrote to Michael Gove – Cummings's old boss – in July 2021 informing him that Cummings had broken the government's business appointment rules, which are supposed to limit how former ministers, civil servants and special advisors can use their experience and knowledge from time in government to personally profit afterwards.
Pickles said Cummings failed to seek ACOBA's advice before offering consultancy services on his paid-for blog Substack, and that Cummings had not responded to a letter requesting an explanation for the breach. Insider first revealed ACOBA's probe into Cummings's post-government business activities.
More than a year on, the government is yet to respond to Pickles's letter about Cummings's breach of the rules, despite responding to two other letters about breaches by former ministers Steve Brine and Lord Philip Hammond.
In April 2022, Insider made a freedom of information request for records held by minister Lord Nicholas True and his office relating to the breach, seeking documents on work being done to respond to the letter.
After several months of consideration, the Cabinet Office has refused to disclose the records, saying ministers and civil servants need a "safe space" to discuss issues with the business appointment rules, and that "they need to be able to undertake rigorous and candid assessments of the potential outcomes of applying the Business Appointment Rules".
Alistair Carmichael, a Liberal Democrat MP and spokesperson on constitutional reform, asked Cabinet Office minister Michael Ellis in early June when ACOBA might expect a response. Ellis pledged to "look into the matter", but is yet to provide further detail.
Carmichael told Insider it "should be a point of shame" that details had been withheld for more than year, but there was "little shame left in Boris Johnson's government."
He added: "Cummings' time in Number 10 – and indeed the wider Johnson government of these past three years – has been marked by attempts to erode institutional norms and accountability. Now is the time for a course correction – starting with answers to ACOBA and the wider public."
George Havenhand, senior legal researcher at campaigning group Spotlight on Corruption, called for a reform of the process to address the "hugely problematic status quo".
He said: "This case raises serious questions about [the government's] commitment to anything other than secrecy by default and the hugely problematic status quo."
Steve Goodrich, head of research and investigations at Transparency International UK, said it was "deeply concerning" that such details were being kept "under lock and key".
"ACOBA and its recommendations are frequently ignored, making clear it is not fit for purpose," he added. "The sooner it is replaced by a body with real teeth, the sooner the 'revolving door' between public office and private employment can be fixed."
An ACOBA spokesperson referred Insider's query to the Cabinet Office. The Cabinet Office declined to comment.