Are foreign practices really the solution to civil service accountability?

17 June 2013

The Institute for Public Policy has published research commissioned by the UK Cabinet Office Minister, on the accountability and responsiveness of civil servants. Changes proposed reflect practices explored in New Zealand, Australia and Canada.

As in New Zealand, Departmental heads should be engaged for fixed terms (of four years) with performance specific contracts.  Ministers should be able to select their Ministerial special advisers (spads)  as is also the de facto New Zealand practice, and select other officials who will staff their private offices.  The Cabinet Office Minister commented that he felt that it “…  would be arrogant to assume that there is nothing we can learn from how other countries do things…”

Although the Civil Service Commission will appoint Departmental heads,  the Prime Minister will have a veto power.

A substantial increase is proposed in the number of spads – from fewer than 80 to closer to the 600 (as in Australia and Canada) that Ministers believe they need to do their jobs properly.  Ministers would have the freedom to make these appointments on partisan lines.

Despite the likelihood of weakening political neutrality in parts of the civil service, the proposals have the support of the Institute for Government and apparent cross party approval.

Other proposals include supporting opposition party research with seconded civil servants to better facilitate transition to a new government, and empowering select committees to require not only Departmental heads to appear,  but also other officials responsible for major programme implementation.

www.ippr.org/publication/55/10915/accountability-and-responsiveness-in-the-senior-civil-service

http://whitehallwatch.org/2013/06/17/ministers-and-mandarins-time-for-change/

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June 17, 2013

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Details of tax haven users now accessible online

16 June 2013

The International Consortium of Investigative Journalists (ICIJ) has gone live with an interactive database showing how many of the World’s elites have exploited tax avoidance regimes.  Users can search more than 100,000 secret companies, trusts and funds created in offshore tax havens.

The data is sourced from 2.5 million wiki leaks files that ICIJ member journalists have been investigating. Earlier releases of the information this year have had political impact in a number of countries and created a focus on tax avoidance which has previously appeared too difficult for individual countries to tackle. Tax avoidance is now on the political agenda and will be central to the G8 summit taking place in Northern Ireland.

The British Prime Minster apparently wants the G8 to “knock down the walls of company secrecy” to reveal who really owns and controls firms.   French President whose campaign manager has been “outed” for use of Cayman Islands bank accounts is calling for the “eradication” of tax havens.

The Offshore Leaks app “…allows users to explore the relationships between clients, offshore entities and the lawyers, accountants, banks and other intermediaries who help keep these arrangements secret.”

The app identifies more than 200 offshore entities associated with Cook Islands tax avoidance institutions, and 189 New Zealand addresses of people or companies associated with tax havens.

www.publicintegrity.org/2013/06/14/12833/icij-releases-offshore-leaks-database-revealing-names-behind-secret-companies

http://offshoreleaks.icij.org/

www.globalwitness.org/library/massive-icij-expos%C3%A9-offshore-secrecy-should-spur-g8-action

www.guardian.co.uk/politics/2013/jun/14/tax-secrecy-central-register-cameron

https://integritytalkingpoints.com/2013/04/07/wikileaks-like-focus-on-elites-use-of-tax-havens/

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June 16, 2013

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Coping with a curate’s egg – ideas for public sector reform in Australia

 

14 June 2013

The Guardian published a column by the President of the Australian Institute Public Administration  (and former DPMC secretary) this week. He commented on economic and public sector reforms “…being two sides of the same coin”.  Although economic success in Australia has been achieved with systems that are cheaper than much of the OECD, including New Zealand, UK, Canada and the United States, he advocates a “new wave” of reforms.

He wants more long term strategic thinking and the empowerment of officials to talk about major decisions. Public cynicism is inevitably a consequence of the current practice of “…spin doctored announcements”.  Structural changes are proposed that would increase local accountability for service delivery as the way of improving the quality, efficiency and responsiveness of those services. This may require functions being “…decanted out of cumbersome departments and poured into smaller agencies.”

He suggests following the UK practice of using non executive board members to contribute governance skills, This would replicate the UK practice where 67 board members have been appointed to 17 departments over the last three years. He also proposes a much greater focus on the professional development of public sector managers.

 

www.guardian.co.uk/public-leaders-network/2013/jun/12/pathways-public-sector-reform-australia

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June 15, 2013

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Peace on earth becoming less likely

13 June 2013

This year’s Global Peace Index was published by Vision for Humanity yesterday. The trend is one of deterioration. The accompanying report indicates that since 2008, 110 countries have become less peaceful while circumstances in 48 countries have improved.

Prominent features include;

  • the World is now 5% less peaceful than in 2008
  • Europe is the most peaceful region, with 13 of the top 20 most peaceful countries
  • Afghanistan is again at the bottom of the index
  • Syria’s score on the index has fallen by 70% since 2008
  • The economic impact of containing violence is assessed at US$9.46 trillion in 2012

New Zealand has slipped to third place apparently reflecting a marginal increase in defence spending. A drop in numbers imprisoned was too slight to avoid moving below the second equal rating with Denmark last year.

2013 Global Peace Index 2012
1 Iceland 1
2 Denmark 2=
3 New   Zealand 2=
4 Austria 6
5 Switzerland 10
6 Japan 5
7 Finland 9
8 Canada 4
9 Sweden 14
10 Belgium 11

This year, Australia is 16th, United Kingdom is 44th and the United States is 99th on the index.

 

www.visionofhumanity.org/#/page/indexes/global-peace-index

www.guardian.co.uk/news/datablog/2013/jun/11/global-peace-index-2013

https://integritytalkingpoints.com/2012/06/22/once-were-warriors-but-nz-high-on-peace-index/

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June 14, 2013

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Canada is celebrating Public Service week

10 June 2013

Canada is celebrating Public Service week, in both its federal and provincial governments. This celebration is linked to the annual World Public Service Day – designated by the United Nations as 24 June – but Canadians mark the event more dramatically than most, with a range of events and award ceremonies.  Twenty one years ago Canada’s shortest statute, with its purpose explicit in its title, was enacted to entrench  Public Service week as the third week in June (National Public Service Week; Serving Canadians Better Act 1992). The celebrations may be a little flat this year however as the public sector unions are boycotting events to show opposition to Government proposals to reduce conditions of employment in the sector –  affecting salaries, leave and redundancies.

At least four United Nations bodies are involved in the UN celebrations this year which will take place in Bahrain.  The theme is of “Transforming e-Government and Innovation – Creating a Better Future”. The General Assembly has indicated a need to promote the exchange of experience related to the role of public administration in the implementation of internationally agreed goals including the Millennium declaration and “South-South and interregional cooperation”.

Few  OECD member States seem to give much priority to the World Public Service day, although, this year, the United States Government celebrated public service achievements in a week of events and award presentations in early May.

There is no direct recognition in either Australia or New Zealand.  However, the annual NZ Institute of Public Administration Excellence Awards, to be presented this year on 3 July 1013,  have an accidental concurrency.

http://www.unpan.org/DPADM/UNPSDayAwards/UNPublicServiceDay/2013UNPSA/tabid/1725/language/en-US/Default.aspx

http://ontario.psac.com/letters/national-public-service-week-boycott

http://laws-lois.justice.gc.ca/eng/acts/N-14.4/page-1.html

http://www.washingtonpost.com/blogs/federal-eye/wp/2013/05/06/public-service-recognition-week-highlights-work-of-government-employees/

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June 10, 2013

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Can we return to an era of good government?

7 June 2013

“There is an urgent need to restore trust and pride in the way our public institutions implement policies – from the White House and Congress to statehouses, cities, and towns across our country and in democracies around the world.”

Not quite the promotional statement expected of a long serving leading public sector official. It does however “fit” with the views of someone serving as the Chairman of the World Justice Programme – the international movement that champions the rule of law  (and which will publish its annual report early in July.)  It comes from the launch announcement for the Volkner Alliance a new good government NGO set up by Paul Volkner, the Chairman of the US  Federal Reserve under Presidents Carter and Reagan and Chair of the Economic Recovery Advisory Board under President Obama.

This may be yet another example of an old man concerned that the World is not what it used to be, looking back with rose tinted spectacles to society when he wielded influence over world economies. Volcker called for focusing greater attention on the practicalities of how policies are administered and implemented. He wants all policies allied with public purpose; he wants “strong incentives for public service rather than private gain”.

Perhaps not surprising for a 1970s liberal, disparaged by Republicans as a regulator, despite many years of association with the Rockefeller family and the Chase Bank. But now he has his “own” institution with which he wants “…to rekindle intellectual, practical and academic interest in the implementation of policy – the nuts and bolts of governance – and serve as a catalyst for sustained government improvement…”  A director of the Office of Budget Management recently left the Obama administration to lead the Volkner Alliance.

What is interesting is that a doyen of international political economy seems to think that the trustworthiness of government is diminishing and new standards are necessary to restore  a  proper focus on the implementation of public policy.

www.govexec.com/oversight/2013/05/former-fed-chair-launches-group-restore-trust-government/63905/?oref=river

http://en.wikipedia.org/wiki/World_Justice_Project

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June 7, 2013

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Did anyone blow the whistle on Novopay?

6 June 2013

Bradley Manning possibly divides opinion on the social value of whistleblowers. With his court martial now underway, the US Army’s view of his disclosures through Wikileaks will be widely reported. (There must be some sort linkage with today’s 69th anniversary of “D Day” – the Normandy Invasion.)

In the New Zealand setting, leaking official information to the media is never an appropriate action.  Where something is “going wrong” in an agency, the recourse is the Protected Disclosures Act.   The challenge however may well be that a large percentage of people working in an agency are unfamiliar with the approved framework for whistleblowing.  And therein lies a story….

The writers of the Novoplay report released this week indicate a disregard for the Cabinet Manual imperative  that “…advice given to Ministers must be honest, impartial, and comprehensive …”  Despite its careful wording, the report suggests that there was a pattern of substantial and repeated misinformation being referred to Ministers. The misleading nature of this information was recognised by numerous others – who apparently did nothing about it.  Why was that?

The State Services code of conduct specifies a duty to act lawfully and objectively – that is one of the standards under the heading of being responsible.  State servants are expected to report wrongdoing.  “Understanding the Code of Conduct –  Guidance for State Servants” explains this provision.

“…We are aware that public trust is influenced by the perception that the public has of our organisation. This means responding objectively if we become aware of any unlawful activities in our organisation. We appreciate the importance of modelling the standards set by the code of conduct and taking responsibility to support our organisation take decisive action when we learn that standards are being breached…”

 So what happened with those State servants in agencies who apparently were aware that all was not well, that Ministers were being misinformed about the suitability of Novopay for implementation?

Were they aware of the Protected Disclosures Act?  Was their agency policy, and its procedures for reporting wrongdoing, accessible to them? Did they know about the code?  Was the meaning explained to them?  And if they were unaware, then why?

Some obvious obligations have been inadequately fulfilled.  Departmental chief executives have statutory responsibilities “…to ensure that all employees maintain proper standards of integrity, conduct, and concern for the public interest…”  Agencies and their employees “…must comply with any standards…”  The Cabinet Manual reinforces that “…Employees in the State sector must act with a spirit of service to the community and meet high standards of integrity and conduct in everything they do. In particular, employees must be fair, impartial, responsible, and trustworthy…”

And what of the Protected Disclosure Act requirement that information about agencies’ internal procedures “… must be published widely in the organisation and must be republished at regular intervals…”

The primary recommendation that the State Services Commissioner made to all agencies as a consequence of the 2010 State Services Integrity Survey of compliance with the code, was that agencies should promote awareness of the Protected Disclosures Act.

I wonder if anyone has reviewed what was done as a consequence in agencies embroiled in the Novopay affair?

www.ssc.govt.nz/node/1913

www.legislation.govt.nz/act/public/1988/0020/latest/DLM129727.html

www.cabinetmanual.cabinetoffice.govt.nz/3.50

https://integritytalkingpoints.com/2012/11/27/kiwis-not-interested-in-whistleblowing/

www.legislation.govt.nz/act/public/2000/0007/latest/DLM53908.html

www.ssc.govt.nz/node/5403

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June 6, 2013

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Peering into Westminster uncovers unlawful support for lobbyists

4 June 2013

From a Westminster perspective  trouble will be seen to be coming in threes.

The exposure by the BBC and the Telegraph last week of improper lobbying by an MP was immediately followed by the Daily Mail uncovering two Labour peers and an Ulster Unionist peer accepting offers of money in exchange for parliamentary services  from undercover journalists posing as lobbyists. The peers were filmed separately and the sound recordings suggest breaches of lobbying rules.  It seems too early in the year to be thinking of gifts, carols and “lords a leaping”.  All deny acting  improperly.

The peers have resigned their party whips to avoid embarrassing their respective parties. But the implications for the members of the House of Lords are much less than for members in the Commons.  An MP may avoid an immediate by election but of course can only stay beyond the next election if reelected. By contrast,  peers have a “job for life”.  As illustrated by Lord Archer, a peer remains entitled to sit in the Lords regardless of police charges, court proceedings, criminal convictions, and a sentence of imprisonment.

Proposals from time to time to modernize entitlements for peers have never had sufficient traction and cross party support to be enacted.

The Deputy Prime Minister wrote in the Telegraph yesterday that “… the allegations of sleaze were … indicative of a wider problem. .. Westminster remains a place where power is hoarded, decisions are opaque, and the people who take those decisions are not properly held to account. Our political system has long been crying out for head-to-toe reform…”

The Liberal-Democrat Party is wanting legislation empowering electorates to recall misbehaving MPs as well as a statutory register of lobbyists. If MPs were to be recalled the party could decide whether to withdraw endorsement, forcing them to fight a by election without party support,  if they wish to retain their seat.

Nick Clegg  as the party’s parliamentary leader fears that the power of recall could lead to “kangaroo courts” which would be “corrosive for our democracy”. It is unlikely that the majority of MPs would agree anyhow to the proposed change anyhow.

www.bbc.co.uk/news/uk-politics-22739943

www.guardian.co.uk/politics/2013/jun/02/lord-laird-resigns-ulster-lobbying

www.guardian.co.uk/commentisfree/2013/jun/02/mps-wrapped-tentacles-lobbyists-rawnsley

www.telegraph.co.uk/news/politics/nick-clegg/10094907/Nick-Clegg-Sadly-Im-not-surprised-by-these-revelations.-Westminster-is-crying-out-for-reform.html

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June 4, 2013

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UK Public Administration Committee finds link between lies and statistics

3 June 2013

Credit for who first referred to “lies, damned lies and statistics is uncertain”. Mark Twain (Clemens) who used the expression, attributed it to Disraeli although there is no record of him using it. The Commons PACS however seems to have no difficulty in attributing deceptive intent to the official use of some UK statistics.

In its report “Not Just True, but Also Fair” released last week the PASC criticised agencies for spinning statistics. It recommended that departmental press officers should develop their media releases in conjunction with statisticians to ensure accuracy and to give a truthful meaning to statistics.

The PASC’s concern was not just with agencies cherry picking statistics. It was critical of making news for party political purposes from a monthly change in figures but not also indicating that the change was irrelevant where there was no statistical trend over a longer period. It wants statistics presented in a fair, accurate way, “unspun”.

The PASC says that statistics used in government press releases do not always give a true and fair picture of the story behind the statistics, sometimes going too far to create a newsworthy headline. The implication is that the claim of transparency, the promotion of open government, and the encouragement to repackage official data by senior British Ministers may sometimes be less than genuine.

The PASC Chair commented that “…“Politicians tend to promote the statistics that best present their case. Finding the whole truth about government statistics is not always easy, and it should be. The numbers may be perfectly true but the act of selecting certain numbers distorts the true picture. …. In some cases, spinning reduces the story behind the statistics to such an extent that the picture is no longer true…”

“The UK Statistics Authority and the Government Statistics Service have a special obligation to act as an antidote to the famous dictum that ‘there are lies, damn lies, and statistics’. Where the Chair of the Statistics Authority judges that there has been misuse of official statistics, we support his independence and his right to intervene…” “..Wider and deeper improvements are still needed to the presentation and explanation of government statistics if public trust in them, and therefore in public policy, is to be earned and kept…”

The State Services Commissioner’s guidance on Understanding the Standards of Integrity and Conduct for the State Services explains how telling half truths is deceptive and breaches the obligation to be honest. “…Providing only half the facts may mean we are telling only half the truth. Honesty means that we are truthful and open…” Ministerial media advisers are State servants and subject to the code.

What should the Commissioner’s response be if a Ministerial adviser were to act as has been identified by the PASC and spin “….the story behind the statistics to such an extent that the picture is no longer true…?

www.publications.parliament.uk/pa/cm201314/cmselect/cmpubadm/190/19002.htm

www.ssc.govt.nz/node/1914

www.guardian.co.uk/commentisfree/2013/may/31/ministers-misuse-statistics-resign

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June 3, 2013

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Westminster MPs again sailing close to the wind

2 June 2013

A spotlight will focus again this week on the behaviour of British MPs.

At the time of the MPs’ expenses crisis four years ago, David Cameron, then in opposition forecast that the next big scandal would relate to lobbying.   However no preventative measures have been taken by his Government.  On Friday a lobbying related drama was uncovered by the BBC and the Telegraph.  The result so far has been a former Conservative Home Affairs spokesperson “resigning the Whip”,  a way by which he can remain in Parliament until the next election but no longer within the Conservative Party caucus. (That of course would suit the Coalition Government which would not welcome a by-election in the current political climate and the growth of the UK Independence Party).

A sting  by the Panorama programme involved setting up a company that purported to promote Fijian interests. John Mercer MP agreed to act for it for $2,000 a month. He subsequently asked Parliamentary Questions about the suspension of Fiji from the Commonwealth.  He has never declared this interest nor the income as MPs are required to do.

Perhaps more deceptively, he included a number of prominent MPs among those he encouraged to form an All Party Parliamentary Group  to look into Fijian matters. The aim was to overturn sanctions imposed on Fiji because of the state of its human rights.  He had not told these MPs that a lobbyist had agreed to pay him for organising the APPG and arranging its business.  He is reported to have said that the APPG included   “several freeloaders that would like to go to Fiji and one who asked to take his wife.”

The offending MP is reported to have referred himself the Parliamentary Commissioner for Standards. An investigation can be expected into, among other things, the setting up the APPG; the offer of a parliamentary pass to the lobbyists involved; asking PQs about Fiji and the answers prepared by Foreign Office; and lodging an Early Day Motion urging Minister to seek the readmission of Fiji to the Commonwealth.  A breach of the standards may well be found in failing to disclose the lobbying interest and payments for acting for that interest.

A greater concern may relate to the creation of APPGs.  It takes only 20 MPs to agree to the creation of an APPG.  Some of the 400 others may have similarly dubious foundations but be quite active as the validation for funded travel to interesting places.  The latest Commons register of interests shows that 60 MPs declared that they had been on trips abroad in connection with APPGs, with costs amounting to £175,000 paid by third parties including charities, banks and oil companies.

www.bbc.co.uk/news/uk-politics-22739412

www.independent.co.uk/news/uk/politics/tory-mp-patrick-mercer-quits-party-over-alleged-cashforquestions-fiji-lobbying-scandal-exposed-in-bbc-panorama-8639459.html

http://www.guardian.co.uk/uk/2013/jun/01/patrick-mercer?guni=Keyword:news-grid main-1 Main trailblock:Editable trailblock – news:Position3

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June 2, 2013

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