A gathering of ethical lawyers

21 May 2013

With ethics, as in most things, there can be a difference between theory and practice.

The Wellington Branch of the Law Society held a panel discussion on professional ethics tonight.   Sir David Gascoigne, the Judicial Conduct Commissioner, led the panel.  Talking about ethics seems to be both attractive and topical. When the event was promoted, over 120 members of the profession indicated a wish to attend. The first 80 who could be accommodated were asked yesterday to confirm that they would attend – or to advise otherwise so those on the waiting list could take their place.  In the event only 55 turned up.

The “no show” numbers seem common to other professional gatherings.  The Institute of Public Administration  (New Zealand ) finds that members are quick to indicate an enthusiasm for attending presentations, but, with regularity, 30% prove to have other priorities on the day.

Participation tonight may suggest that the problem doesn’t reflect the organisation,  venue, time or topic.  The Society made the arrangements, the venue was in a large commercial practice, the time was early evening to fit with business and personal commitments, and post event refreshments were on offer. It seems reasonable to infer that lawyers professing an interest in ethics would be predisposed to values – to behaving with integrity – and would be ethical in fulfilling their commitments or, as requested, advise if they were unable to do so.

Integrity, according to Harvard academics  Werner Erhard and Michael Jensen, means keeping your word – doing what you say you will do and what you profess to be – and ensuring that you tell people when you are unable to keep your word, or to behave as you have indicated you will.  If typical of their kind, tonight’s 30% “no shows”  may suggest that a number of Wellington’s lawyers lack integrity. That group may be unfortunate in having missed the opportunity to talk about ethics.

http://blogs.law.harvard.edu/corpgov/2007/11/09/michael-jensens-and-werner-erhards-talk-on-integrity/

www.wernererhard.com/integrity_paper.html

OK to be less compassionate and less trustworthy, but not to be most arrogant?

20 May 2013

During Budget week the media seems to give more than usual air time to politicians to express their policies, preferences and prejudices. Politicians perhaps more than most of us, consider they have the best insight on the way the world should be. Few public perception surveys would give any credence to that belief, politicians ranking among the most poorly rated occupational groups. On a world stage however one hopes that they all assertively champion our national interest ( whatever they may be). Politicians must always be conscious of how their constituency sees them…. As elections have characteristics of a popularity contest.  But does it really make any difference how we are seen in the eyes of others?

A Pew Survey published last week explored a range of attitudes within the European Union. One interesting but probably trivial assessment was of perceived national characteristics.  The survey shows that Germany is recognised as being the most trustworthy nation in the EU – except by the Greeks,  but also seen by many as the most arrogant and least compassionate.

Those surveyed seem prepared to concede that they may be less trustworthy and less compassionate that other Europeans, but it appears that only the Italians are willing to acknowledge that another national group may be less arrogant than themselves.

2013-EU-12

www.pewglobal.org/2013/05/13/the-new-sick-man-of-europe-the-european-union/

Deloitte certain about need for surveying integrity standards

18 May 2013

The comment in the State Services Commission 2013-2014 statement of intent, that it is “looking at undertaking a survey” in 2013-2014 as a measure of the trustworthiness of agencies and their staff, was published at the same time as Deloitte issued a risk and compliance guideline about the criticality of integrity to an organization (The Deloitte Governance Framework: Framing the Future of Corporate Governance).

“A commitment to … integrity is widely recognised as a “must have” in organisations, yet many people and organizations struggle to put this ideal into practice.” The need is for “… a corporate culture of integrity and ethics, coupled with corporate, environmental and social responsibility…. to build trust and long-term relationships with shareholders, customers, regulators and employees.”

Deloitte regards integrity as so central to business success that organisations should have an individual conversation about their code each year with each employee, manager and director. There must be an expectation that staff, from the time they join an organisation, understand integrity standards and the consequences of any breaches. The recommendation is that staff at all levels affirm in writing that they understand their organisation’s code, are fully compliant and that they are committed to reporting misconduct. Highly effective organisations evaluate and compensate managers who actively promote and model integrity and enforce those standards.

Deloitte identifies systems for measuring compliance, including

  • conducting cultural and ethical surveys and evaluating employee responses
  • reviewing reports to the ethics hotline, whistleblower reports and trend analyses
  • benchmarking against peer, industry, country and corruption indices
  • conducting quality surveys and evaluating employee responses
  • monitoring and evaluating public scrutiny from the media, shareholders, customers and external watchdog agencies

These seem to reflect the more comprehensive evaluation measures of integrity that the Auditor General has specified in the OAG statement of intent, rather than the SSC proposal to use just the Kiwis Count survey and possibly a survey of integrity breaches observed by State Servants.

Deloitte reports that 46% of public company respondents in the United States survey staff regularly. The results indicate how effective the “tone at the top” is being disseminated throughout the organisation – and more directly whether there is modelling by senior managers.

http://deloitte.wsj.com/riskandcompliance/2013/05/17/integrity-in-the-boardroom-what-does-it-really-mean/?mod=wsjrc_hp_deloitte

Integrity programme confirmed by SSC as critical to all its work.

17 May 2013

The State Services Commission statement of intent published yesterday in conjunction with the Budget lists its operating intentions.  These will focus on four activities;

  • Leading the System
  • Delivering Performance Excellence
  •  Building System Capability,  and
  • Strengthening Trust and Integrity

The Commission notes that “maintaining high standards is integral to ensuring the State Services are trusted by government and the public…Institutional integrity, a corruption-free bureaucracy and high-quality government institutions create a stable platform for business investment and economic growth… the Integrity … programme is a critical underpinning for all of our work across the State sector…”

SSC indicates that it will measure the effectiveness of its promotion of integrity across the State Services through results collated from the Kiwis Count survey, and in what is a proposal without any commitment, a further State Services Integrity Survey. Such a survey would add to data sets provided by the 2007 and the 2010 surveys. It is interesting to speculate on how likely it is that this survey will be take place.  The wording in the SOI is that “SSC is looking at undertaking a survey…”

There seems to be a worryingly lack of determination in the SSC mission to make a difference in the quality of integrity across the sector.  The target for the Kiwis Count measure of public trust is “at least 70%” of respondents agree that “…you can trust public servants to do what is right.”  But the standard last year was 74%. This suggests that a report at the year’s end could show that the standard of 70% had been exceeded, but having lowered the bar, it need not indicate that integrity standards may well be falling.

Is there an irony here about trusting public servants to do the right thing?

http://ssc.govt.nz/node/8876

“New Zealand – a country that works”

8 May 2013

The New Zealand chapter of Transparency International today released the first wave of its findings to update the 2003 National Integrity Survey.  Work has been underway since the beginning of the year on an expanded version of the NIS template upon which most jurisdictions have been assessed.  TINZ refers to “…moving well beyond the classical NIS with a much more comprehensive and prescriptive approach than ever before…” with what it calls “Integrity Plus NIS” (yet the classical pillared Greek temple provides the model rather than the tangled birds nest advocated by some at Griffith University.)

The findings should give credence to the low levels of public sector corruption in New Zealand reported every year since the Corruption Perceptions Index was established.

A summary of the work to date is referenced on the TINZ website and set out in the chapter’s May newsletter. The NIS model involves the pillars of good government.   Research into the makeup of each of these pillars and the support they give to system integrity is to be released in batches over the next few months.

The release of emergent findings today was an opportunity to recognise the contribution of the late Jeremy Pope both to the creation of Transparency International and to formulating the NIS as a model for consistency in the evaluation of national institutions upon which system integrity depends. Today’s release is also another marker of the centenary of the Public Service Act coming into force in April 1913, and a commemoration of the contribution which an integrity-rich public administration has made to the quality of life in New Zealand.

Today’s release covered the pillars relating to

  • Judiciary
  • Electoral Management
  • Ombudsman
  • Supreme Audit Institution, OAG
  • Media
  • Public Sector Components:
    • Fiscal Transparency
    • Environmental Governance
    • Procurement

The TINZ May newsletter sets out three or four findings about each of these elements. Although none is surprising, the value of the findings lies in the comprehensive research from which they are derived.

Sir Anand Satyanand in chairing the presentation today referred to Kofi Annan, after a visit to New Zealand as the UN Secretary General, declaring that it was “… a country that works…”

http://transparency.org.nz/index.php/indices-reports/new-zealand/parliamentary-submissions/doc_view/182-transparency-times-may-2013

http://transparency.org.nz/

http://www98.griffith.edu.au/dspace/bitstream/handle/10072/4158/32116_1.pdf?sequence=1

http://integritytalkingpoints.com/2012/08/31/integrity-is-more-than-just-measuring-corruption-the-passing-of-jeremy-pope/

Queensland imposes more transparency on lobbyists

7 May 2013

New obligations on lobbyists came into force in Queensland last week.  They flow from a 2012 amendment to the Right to Information and Integrity Act,

Not only are Ministers and Departments required to disclose contacts made by lobbyists and any document disclosed to the lobbyist but the State’s lobbyists code of conduct now includes requirement that lobbyists also record and declare their contacts with both Ministers and opposition MPs.

The code changes were planned for 1 April but procedural issues delayed the commencement date.

The enthusiasm in most western democracies for transparency obligations on both lobbyists and the lobbied continues to pass New Zealand by.  Engendering public interest in the current Constitution Review seems to be an uphill struggle.  Few seem interested in constraining what may be generally accepted as the way politicians go about their business. In New Zealand, lobbying does not appear to have the undesirable connotation it has elsewhere.

The new Queensland definition of lobbying activity is;

(a) contact with a government representative in an effort to influence State or local government decision-making, including—

(i) the making or amendment of legislation; and

(ii) the development or amendment of a government policy or program; and

(iii) the awarding of a government contract or grant; and

(iv) the allocation of funding; and

(v) the making of a decision about planning or giving of a development approval under the Sustainable Planning Act 2009; or

(b) contact with an Opposition representative in an effort to influence the Opposition’s decision-making, including—

(i) the making or amendment of legislation; and

(ii) the development or amendment of a policy or program of the Opposition; and

(iii) the Opposition’s position or view in relation to State or local government decision-making, including, for example, the matters mentioned in paragraph (a)(i) to (v).

www.integrity.qld.gov.au/page/tools/whats-new.shtml

www.integrity.qld.gov.au/page/lobbyists/code-of-conduct.shtml

Press Freedom in New Zealand unchanged

6 May 2013

The Press Freedom Index published by Freedom House on 3 May marked World Press Freedom Day.  The index suggests a disappointing lack of improvement in the extent of media freedom.  Countries ranked at the top of the index are not substantially different from the 2012 list – the “Free” jurisdictions cover nearly 14% of the world’s population.  But though there have been marked improvements in a few countries, best illustrated by Burma, there has been a deterioration of press freedom in many other developing jurisdictions. Similar numbers  - 43% of the the world’s population – live in countries which are “Partly Free” and those that are “Not Free”.

There are 197 countries on 2013 index.  A total of 63 (32 percent) were rated Free, 70 (36 percent) were rated Partly Free, and 64 (32 percent) were rated Not Free.  There was no general improvement in press freedom on the previous index  ( the totals last year were 66 Free, 72 Partly Free, and 59 Not Free ).

New Zealand’s placing at 13th, was unchanged from last year.

2013 Press Freedom Index – “Top 20″

1st = Norway
Sweden
3rd = Belgium
Finland
Netherlands
6th = Denmark
Luxembourg
Switzerland
9th Andorra
10th Iceland
11th Lichtenstein
12th St Lucia
13th = Estonia
Ireland
Monaco
New Zealand
Palau
San Marino
19th Germany Marshall Islands Portugal          St Vincent and Grenadines

USA ranked 23rd =, Canada 29th= and the United Kingdom and Australia were 32nd =.

All the Pacific Forum countries are ranked as Free, except for Fiji.

The world’s eight worst-rated countries, where there is almost nothing indicative of press freedoms, are Belarus, Cuba, Equatorial Guinea, Eritrea, Iran, North Korea, Turkmenistan, and Uzbekistan. 

www.freedomhouse.org/sites/default/files/FOTP%202013%20Booklet%20Final%20Complete%20-%20Web.pdf

http://batchgeo.com/map/8351f81ddc77f9f5db3c99b27f294c25

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