66. There has been no marked increase in the use of ministerial direction letters despite the extraordinary times departments are facing. HM Treasury advised Departments that Ministers should issue Ministerial Directions to Enable urgent spending which, if delayed, would jeopardise preparedness for EU exit.85 We saw too a direction to the accounting officer and Permanent Secretary at the Ministry for Housing to fund remedial works to leasehold properties where there was ongoing dispute about who would fund the fire safety works. Both of these cases were clear and reasonable political decisions which would not meet normal accounting rules.
67. The lack of ministerial direction on issues such as the decision to let a contract to Seaborne Freight was more surprising. The Permanent Secretary, when pressed, said: "my assessment, as an accounting officer, was that it met the requirements of managing public money and therefore a direction was not required".86 But as the letter of comfort from Seaborne's operating partner, Arklow Shipping, only arrived after the contract was signed we found this surprising.87
68. In this area we once again see Brexit as a reason for a number of extraordinary decisions. I am clear that it should not be a reason for senior civil servants not to seek a clear letter of direction. The electorate chose Brexit and the last three years have demonstrated some of the challenges of attempting to simultaneously prepare for departure with a yet to be finalised deal, and no deal. A ministerial direction clarifies who made a decision and who is accountable.
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85 Chief Secretary to the Treasury Written Ministerial Statement Spending Authority, 12 October 2017.
86 Committee of Public Accounts, Oral Evidence: Brexit and the UK Border: further progress review, HC 1942, 13 February 2019, Q 40
87 Correspondence from Arklow Shipping to Department for Transport, 18 January 2019