D. The DExEU Complaint
(1) Introduction
136. Only a limited amount of information can be included in the report in respect of my findings about the DExEU Complaint because confidential information about individuals would otherwise be made public, contrary to their rights.
137. The DExEU Complaint is concerned with interactions between the DPM and civil servants. The DPM was Secretary of State for Exiting the European Union between 13 July 2018 and 15 November 2018 (the "DExEU Period").
(2) Findings of fact
138. The DExEU Complaint was made on 21 November 2022. It followed media reporting and was made in the knowledge that the MoJ Group Complaint and the FCDO Complaint had been made and were to be investigated independently. This timing was approximately four years after the end of the DExEU Period.
139. The DExEU Period was intense and politically fraught. This was the DPM's first experience as a Secretary of State. The DPM considered that some officials were being deliberately unhelpful. It was not possible for me to form any view about such matters, which did not in any event concern the individuals who had made the DExEU Complaint.
140. There were genuine limitations on the DPM's ability to deal fairly with the DExEU Complaint, in view of the significant passage of time and the lack of specificity of most of the allegations (in terms of dates or contextual circumstance). In addition, some of the allegations were based on information provided by individuals who did not wish to participate in the investigation.
141. Although the DExEU Complaint was made with knowledge of the fact (but not the content) of the MoJ Group Complaint and the FCDO Complaint, there was no sign of collusion, advertent or inadvertent, which might have affected the evidence.
142. Some of the content of the DExEU Complaint was communicated by the individuals concerned to the Cabinet Office in March 2019. However, no action was requested or expected and the Cabinet Office considered that an investigation was not necessary.
143. By his own account, the DPM is demanding, driven and focused on detail. He works long hours. He can be impatient and will become frustrated when others do not deliver
33
