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1. BUSINESS APPOINTMENT APPLICATION: Mr Cassian Horowitz, former Head of Strategic Communications and Digital at No.10 Downing Street. Paid appointment with Google LLC (USA).

Mr Horowitz sought advice from the Advisory Committee on Business Appointments (the Committee) under the government’s Business Appointment Rules for Former Crown Servants (the Rules) on taking up a role with Google LLC (USA) (Google) as Head of Executive Digital Communications.

The purpose of the Rules is to protect the integrity of the government. The Committee has considered the risks associated with the actions and decisions taken during Mr Horowitz’s time in government service, alongside the information and influence he may offer Google. The material information taken into consideration by the Committee is set out in the annex.

The Committee’s advice is not an endorsement of the appointment – it imposes a number of conditions to mitigate the potential risks to the government associated with the appointment under the Rules.

The Rules set out that Crown servants must abide by the Committee’s advice^{[footnote 1]}. It is an applicant’s personal responsibility to manage the propriety of any appointment. Former Crown servants are expected to uphold the highest standards of propriety and act in accordance with the 7 Principles of Public Life.

2. The Committee’s consideration of the risks presented

Google is a multinational technology company primarily known for its search engine, online advertising, cloud computing, and Artificial Intelligence. In June 2020, the Crown Commercial Service signed a Memorandum of Understanding with Google, aimed to increase the adoption of Google Cloud products and technologies by the UK public sector across government departments^{[footnote 2]}.

As a Special Adviser, Mr Horowitz’s role in government precluded direct responsibility for involvement in contractual and commercial decisions. The Cabinet Office confirmed that he did not meet with Google, nor was he involved in decisions specific to the company, Therefore, the Committee^{[footnote 3]} considered the risk that this appointment could reasonably be perceived as a reward for decisions made or actions taken in office is limited.

Given Mr Horowitz’s former role in communications at No.10, there is a risk that he may possess sensitive information which may be of interest to any employer, including Google. The Committee considered the following factors limit this risk:

• it has been over 12 months, plus a change of government and of general policy direction, since Mr Horowitz’s time in government – providing a gap between his access to information and taking up this appointment
• his role was focussed on communications at No.10, not policy or operational decisions
• his access to information was, for the most part, about external communications, meaning the vast majority of information he had access to was about information ready to be placed in the public domain at the time or in the relatively near future
• his role will be focussed on shaping and executing the digital presence of Google’s executives and is not UK-facing
• prior to entering government, Mr Horowitz’s career was in communications
• the Cabinet Office did not consider Mr Horowitz to possess any particularly sensitive information that may offer an unfair advantage to Google

As a former senior Crown servant, there is a risk that Mr Horowitz might be seen to offer unfair access to, and influence within, government for Google. Google has a significant UK presence in promoting and maintaining its services with a wide range of applications, including with and across the UK government. Mr Horowitz and Google confirmed his work excludes any lobbying of the UK government – which all former senior Crown servants are prevented from doing for two years after leaving government service. If Mr Horowitz were to initiate any contact with the UK government, it would be difficult to manage the risk that this is seen as lobbying.

3. The Committee’s advice

The Committee advised that Mr Horowitz must avoid engaging in activity that could reasonably be seen as seeking to influence government decisions, including approaching the government, whether Special Advisers, other officials or ministers about its approach or policy on Google’s behalf. The Committee determined the remaining risks identified can be appropriately mitigated by the conditions below. These make it clear that Mr Horowitz must not make use of privileged information, contacts or influence gained from his time in Crown service to the unfair advantage of Google.

It is significant that Google confirmed its adherence to the Committee’s advice and in particular that Mr Horowitz would not be involved in any lobbying of the UK government, which would fall to others within Google.

The Committee’s advice in accordance with the government’s Business Appointment Rules is that Mr Horowitz’s appointment with Google LLC (USA) be subject to the below conditions:

• he should not draw on (disclose or use for the benefit of himself or the persons or organisations to which this advice refers) any privileged information available to him from his time in Crown service;
• for two years from his last day in Crown service, he should not become personally involved in lobbying the UK government or any of its arm’s length bodies, on behalf of Google LLC (USA) (including parent companies, subsidiaries, partners and clients); nor should he make use, directly or indirectly, of his contacts in the government and/or Crown service contacts to influence policy, secure business/funding or otherwise unfairly advantage Google LLC (USA) (including parent companies, subsidiaries, partners and clients);
• for two years from his last day in Crown service, he should not provide advice to Google LLC (USA) (including parent companies, subsidiaries, partners and clients) on the terms of, or with regard to the subject matter of, a bid with, or contract relating directly to the work of the UK government or any of its arm’s length bodies; and
• for two years from his last day in Crown service, he should not initiate any engagement with the UK government on behalf of Google LLC (USA) (including parent companies, subsidiaries, partners and clients).

The advice and the conditions under the government’s Business Appointment Rules relate to Mr Horowitz previous role in government only; they are separate from rules administered by other bodies such as the Office of the Registrar of Consultant Lobbyists, the Parliamentary Commissioner for Standards and the Registrar of Lords’ Interests. It is an applicant’s personal responsibility to understand any other rules and regulations they may be subject to in parallel with this Committee’s advice.

By ‘privileged information’ we mean official information to which a minister or Crown servant has had access as a consequence of his or her office or employment and which has not been made publicly available. Applicants are also reminded that they may be subject to other duties of confidentiality, whether under the Official Secrets Act, the Ministerial Code/Civil Service Code or otherwise.

The Business Appointment Rules explain that the restriction on lobbying means that the former Crown servant/minister ’should not engage in communication with government (ministers, civil servants, including Special Advisers, and other relevant officials/public office holders) – wherever it takes place – with a view to influencing a government decision, policy or contract award/grant in relation to their own interests or the interests of the organisation by which they are employed, or to whom they are contracted or with which they hold office.’

Mr Horowitz must inform us as soon as he takes up this work or if it is announced that he will do so. Similarly, he must inform us if he proposes to extend or otherwise change his role with the organisation as, depending on the circumstances, it might be necessary for him to seek fresh advice.

Once this appointment has been publicly announced or taken up, we will publish this letter on the Committee’s website.

4. Annex – Material information

4.1 The role

Google is a multinational technology company primarily known for its search engine, online advertising, cloud computing, and AI. It is a subsidiary of Alphabet Inc. It is the third largest cloud computing company after Microsoft and Amazon.

Google is a strategic supplier and contracts with the UK government as part of its multi cloud programme ensuring the government does not rely on a single supplier. In 2020, Google agreed a Memorandum of Understanding with the Crown Commercial Service, the government agency tasked with procuring commercial services for the public sector. Numerous government departments have a contractual relationship with Google to provide digital services and productivity applications. The Cabinet Office currently uses the Google Suite but a migration from Google to Microsoft is planned. Most recently, Google Cloud has a partnership across the UK government in offer tech support to help modernise government services^{[footnote 4]}. The Competition and Markets Authority is currently investigating Google over its market dominance within search. It has most recently published its proposed decision report^{[footnote 5]}.

In his paid, full-time role as Head of Executive Digital Communications, Mr Horowitz stated his role will involve:

• responsibility for shaping and executing the digital presence of Google’s executives.
• serving as a trusted advisor to senior executives and their teams, providing strategic counsel on all aspects of their digital communications.
• developing and owning the overarching global digital communications strategy for Google’s key executives, aligning with company priorities and communication objectives.

Mr Horowitz stated his role in Google’s communications team will be based in the USA and will not involve contact with, or lobbying, the UK government or interaction with anything UK-facing on behalf of Google.

Mr Horowitz also stated that the job offer is to work in a space (communications) that he was working in prior to his time in government.

4.2 Correspondence with Google

Google confirmed in writing its understanding of, and agreement to comply with, the Committee’s advice. The company confirmed his role will not involve lobbying of the UK government.

4.3 Dealings in office

Mr Horowitz informed the Committee that he did not meet with Google, nor did he have involvement in policy decisions, nor held access to information specific to the company during his time in government service.

4.4 Departmental assessment

The Cabinet Office confirmed the details provided by Mr Horowitz.

The Cabinet Office confirmed that Mr Horowitz was not involved in policy, commercial or regulatory decisions specific to Google. The department stated that as a Special Adviser his role would have precluded him from direct responsibility or decision-making on contractual or commercial work. It said this reduces the perceived risk of reward for past favours as does the fact that this role has come about following an open advertisement and fair competition.

The Cabinet Office confirmed Mr Horowitz did not have access to sensitive or commercially confidential information specific to Google or its competitors. It added:

• while he would have been privy to a wide array of sensitive information, any material commercial benefit is limited by the lapse of over 12 months since he had access to information;
• the currency of any such information he may possess is reduced by the rapid turnover of information in the public domain and change in government administration; and
• it is not aware of any access to information that would raise particular risks under the Rules.

The Cabinet Office stated it has a contractual relationship with Google in providing workspace applications, cloud storage, and other ongoing productivity services. The department stated that Google, and other services that are owned by its parent company Alphabet, are often used by the UK government and its departments. Google itself promotes partnership projects that it has performed with the UK government, such as delivering improvements to 51²è¹Ý search, shared benefits of the government’s use of Google’s cloud infrastructure, and promoting the benefits of AI. It also added that the Competition and Markets Authority is investigating Google over its market dominance within search engines.

The Cabinet Office noted that there is a perception risk of a former senior official advising a company to obtain further contracts from the UK government. However, it considered this limited given the role would be primarily based within the US to promote the profiles of the executive staff of Google. Further, Mr Horowitz said there is no plan to influence the UK government nor to lobby on behalf of his prospective employer as part of this role.

The Cabinet Office recommended the standard conditions apply to Mr Horowitz’ proposed appointment.