Integrity requires new public servants to ‘do the right thing’

27 March 2013

 

On Monday, the Australian Public Service Commissioner addressed a selected group of graduate entrants in the Great Hall of Parliament at Canberra.  He spoke of ethics and public trust. From July this year, the APS values are being repackaged around five principles. – He reminded them that the mnemonic is “I CARE”

I –  Impartial

C –  Committed to service

A – Accountable

R – Respect

E –   Ethical

( This contrasts with the standards of integrity and conduct for the New Zealand State Services, grouped around four elements of “being fair, impartial, responsible and trustworthy”.  A proposal to use the mnemonic of INTEGRITY FIRST – fair, impartial, responsible, serving and trustworthy – was dropped and four integrity elements of being fair, impartial, responsible and trustworthy were promoted without the mnemonic.)

The Australia Commissioner encouraged his audience “…to think about what each of the Values means for you in your work and about what you can do to make them real in your workplace…. the APS Values will be the common thread binding us together as a cohesive, collaborative public service…”

“…These values also give legal expression to something that generations of public servants have come to understand – which is that the effectiveness of the Public Service is deeply rooted in the maintenance of public trust.  Our effectiveness – and the willingness of the public to accept our role – is fundamentally dependent on maintaining the public’s trust in our capacity to look after their interests rather than our own, which amongst other things means living up to the values that we espouse.”

“Just two quick comments…First, ethical behaviour refers not just to compliance with the law – it refers to doing the right thing.   Second, since living our values is important for maintaining public trust, we are expected to comply with them 24/7…”

 

http://www.apsc.gov.au/publications-and-media/speeches/2013/sedgwick-250313

 

 

 

Civil Service learning something from abroad?

26 March 2013

The Westminster tradition is that Ministers take the kudos for achievements and the responsibility for poor performance.  Civil servants remain in the background, supporting their Minister.

In New Zealand there has been a much greater focus on the accountability of departmental chief executives. Where performance issues have occurred, inferences can be drawn if, subsequently, the chief executive’s contract has not been renewed. Ministers don’t seem to have bought into the tradition that they should carry the can.

And that may be the way things are heading in the Britain also.  Last week the UK Public Accounts Committee was very critical of the HM Revenue and Customs chief executive, indicating that it had little confidence in her abilities following a “catastrophic leadership failure” in her previous position as chief executive of the UK Border Agency. The Guardian described its comments as one of the most severe attacks by a Commons committee on a named civil servant. The committee was so astounded when the chief executive was promoted from the UK Border Agency to HM Revenue and Customs, that it demanded that Parliament should be given a veto in future, over leading civil service appointments. “The status quo, in which catastrophic leadership failure is no obstacle to promotion, is totally unacceptable… any failures of this nature should have serious consequences for the individual’s career.”

At the same time the Civil Service Department was telling the Commons Select Committee on Public Administration that there was a need for change in the civil service; that it must work differently,  be faster, smaller, more open and less bureaucratic, with improved capability, sharpened accountability, and strengthened professionalism. The attack by the Public Accounts Committee on the HM Revenue and Customs chief executive may also be why the Civil Service said that it would be arrogant to assume there was nothing it could learn from abroad.

www.guardian.co.uk/politics/2013/mar/25/mps-hmrc-chief-border-agency

www.guardian.co.uk/politics/2013/mar/18/mps-criticise-hmrc-woeful-customer-service?INTCMP=ILCNETTXT3487

www.parliament.uk/business/committees/committees-a-z/commons-select/public-accounts-committee/news/hmrc-customer-service/

https://integritytalkingpoints.com/2013/03/24/uk-civil-service-sees-change-as-necessary/

 

Mistakes in handling information embarrasses agencies

25 March 2013

The Earthquake Commission, contrite about the unintended release of thousands of claim details when a document was emailed to an incorrect addressee, can find some consolation in the latest Australian scandal.

In Queensland, the Fitzgerald inquiry in 1989 – 1990 tackled entrenched Police corruption. A consequence was the establishment of the Crime and Corruption Commission as a specialist body to champion integrity across state institutions.

Last year the CCC published 740 confidential documents relating to the inquiry in what a Parliamentary select committee was told was an accident. Many who gave confidential statements to the inquiry were identified when sensitive material was reclassified for release.  Some opponents of the Queensland Government have implied that the release was an intentional “pay back” as a number of people identified as corrupt by Fitzgerald had links with the Liberal-National coalition, now back in office after 20 years of opposition. Another conspiracy theory is that the blunder will embolden the Government to reduce the power and scope of the CCC.

To aggravate the CCC’s embarrassment, the select committee was informed of  4,000 investigation files that were “mistakenly” shredded last year. It confirmed that it had also mistakenly released details of a corruption operation taking place in late 2012, and possibly even more troubling for the State’s principal watchdog, it admitted that last year the person acting as the CCC  chair did not have a valid warrant.

The CCC Communications director who acknowledged that this is a horrible breakdown of bureaucratic process, spoke of “very serious error”.

The Earthquake Commission chief executive disappointed at his agency’s privacy breach, apologised unreservedly. He explained that the incident did not include customer names and that specialist knowledge would be needed to interpret the data.  The cause is a risk in most workplaces, where MS Outlook predicts an incorrect addressee for email which the sender does not notice before despatching the message.

www.couriermail.com.au/news/queensland/the-cmcs-bungled-release-of-sensitive-fitzgerald-inquiry-files-has-been-told-of-16-witnesses-potentially-harmed/story-e6freoof-1226603818220

www.abc.net.au/7.30/content/2013/s3716012.htm

www.rebuildchristchurch.co.nz/blog/2013/3/eqc-eqc-privacy-breach

UK Civil Service sees change as necessary

24 March 2013

The Civil Service Department advised the UK Parliament last week that it would be arrogant to assume there is nothing that it can learn from abroad.

The Commons Select Committee on Public Administration has published the submission by the Civil Service on the Future of the Civil Service.  This relates to the Civil Service Reform Plan developed by the Head of the Civil Service and the Public Administration Committee’s examination of the purpose and outcomes sought from change.

The Department answered each of the nine questions framed by the Select Committee.

  • Why does the Civil Service need reform?
  • Does the Government’s Civil Service Reform Plan reflect the right approach to the Civil Service?
  • How can corporate governance in the Civil Service be improved?
  • To what extent does the Civil Service Reform Plan affect the fundamental principles upon which the Civil Service has operated since the Northcote-Trevelyan report?
  • If policy-making is to be opened up to external organisations, what is the distinctive role of the Civil Service in the modern world?
  • Can, or should, employment terms and conditions in the Civil Service ever be comparable with those for posts of similar seniority and responsibility in the private sector?
  • How effective is the senior leadership of the Civil Service, and how does it compare to previous periods?
  • What are the strengths and weaknesses of the current federalised system of Whitehall Departments?
  • Does the long-term future of the Civil Service require more comprehensive and deeper consideration and, if so, how should this be done?

The responses are informative but seem to reflect a number of public statements made by the Cabinet Office Minister, suggesting perhaps that the submission is a format for indicating the Civil Service Department’s concurrence with its Minister’s views.

The submission refers to a need for the Civil Service to work differently, to be faster, smaller, more open and less bureaucratic. The proposal is for continuous improvement with an annual plan on progress towards improving capability, sharpening accountability, and strengthening professionalism. Governance is to be improved with greater use of non executive directors and better management information systems. The core values will be unaltered but the cautious and slow moving Civil Service culture needs to  change.  The need is for innovation and to focus on outcomes not process.  The development of high-quality, creative policy is to be incentivised and made more contestable. The Civil Service should develop the employment packages of a good modern employer and end conditions that may be open to public criticism. Pay rates were already attractive in the marketplace.  A greater sense of corporate leadership needs to be encouraged, with a more unified service, moving from siloed departments to improve responsiveness to cross cutting challenges such as youth employment and fraud, error and debt.

www.publications.parliament.uk/pa/cm201213/cmselect/cmpubadm/writev/csr/m29.htm

http://civilservicecommission.independent.gov.uk/civil-service-recruitment/civil-service-reform-plan/

Select committee effectiveness

20 March 2013

Last week at a joint meeting of the Institute of Governance and Policy Studies and the Institute of Public Administration Len Cook spoke about relationships between Ministers and their chief executives/permanent heads. He used illustrations from his experiences as a departmental head in both New Zealand and Britain.

In spite of harsh criticisms of the Civil Service by current UK Ministers, including the Prime Minister commenting that officials were the “enemies of enterprise” and the Cabinet Office Minister complaining repeatedly about the obstructiveness of civil servants, Cook admired the professionalism of his British colleagues. He felt the Cabinet Office Minister’s apparent belief in the superiority of governance relationships in New Zealand was misplaced.

Cook spoke of the way British institutions reinforce good government.  They have a constitutional significance not replicated in the New Zealand version of the Westminster model.  An example of what he meant may be the role of the Public Accounts Committee when compared with select committees in New Zealand.  In both countries the extent of select committee influence has been dramatically played out this month.

Officials from Solid Energy have been criticised for their unresponsiveness to the Commerce select committee when exploring reasons for the dramatic failure of that SOE.  The Speaker has been asked to consider whether a reluctance to provide information to the select committee, which was subsequently disclosed, in detail, in the media, constituted contempt.

In Britain, the former head of the Serious Fraud Office who seemed to take a similarly unhelpful stance when being examined by the Public Accounts Committee two weeks ago, last week wrote what is described as “…an extraordinary and abject apology to Parliament…” for arguing that he had done nothing wrong when challenged by the committee about the improper approval of substantial payments to close colleagues before he left office.

The letter, published by the Guardian, includes a “…deep and unreserved apology…” for actions that “…fell well short of the standard that the committee are entitled to expect…” The incident related to about £1 million in termination payments made to three SFO staff members, and allowing one of them to work two days a week from her home in the Lake District and paying over £27,500 a year for travel to London each week for the other three days.

A committee member who had described the official as “slovenly and sloppy” in his handling of public money and who noted a refusal at the time to apologise, said that the change in attitude was a victory for the select committee system. “…These proceedings are not all about grandstanding – they can actually get to the heart of the matter and have a real impact on public services…”

The committee was very critical of the management of the SFO. During the former head’s leadership there was a series of spectacularly unsuccessful investigations.One case has led to a damages claim of £300 million against the Government.

https://integritytalkingpoints.com/2013/03/13/talks-on-the-interface-between-ministers-and-the-public-service/

www.guardian.co.uk/public-leaders-network/2013/mar/19/germany-us-new-zealand-civil-service

www.scoop.co.nz/stories/PA1303/S00312/cosgrove-lays-solid-energy-contempt-letter-with-speaker.htm

http://www.guardian.co.uk/law/2013/mar/15/fraud-office-chief-apology

www.ipanz.org.nz/Folder?Action=View%20File&Folder_id=84&File=Framing%20the%20Debate%20-%20Notes%20by%20Len%20Cook.pdf

Death of Dr Robin Williams

19 March 2013

A stalwart of public service died yesterday.

Dr Robin Williams who had an extraordinary career in government, maintained an interest in public administration for more than 30 years after retiring  as the Chairman of the State Services Commission.  He was a cheerful participant at the function marking the centenary last November of the passing of the Public Service Act – and, chatting enthusiastically about governance experiences in times past, was among the last to leave!

Dr Williams had a series of unique experiences in his career.

A mathematician in an “essential” role in the Department of Scientific and Industrial Research during the early years of the Second World War, he was unable to enlist for military service despite several attempts. Then with no real understanding of what he was being committed to, as part of the Quebec Agreement between the UK and United States on developing a nuclear bomb, he was assigned to support the small British contribution working at Berkeley, California on the Manhattan Project.  His team apparently worked independently and almost in competition with the main United States effort in Los Alamos.

After the war he undertook post graduate research at Cambridge University.  (The son of a clergyman, he took delight in tales of reconnoitering vicarages in the Cambridge area in search of “digs” for an impecunious colonial with a spouse and very young family in tow.) He returned to an academic life in New Zealand.

His academic career in New Zealand culminated as Vice Chancellor of Otago University from 1967- 1972.  He sought to be the Permanent Head of the Department of Education, but after being appointed to that position was successfully challenged at the Public Service Appeal Board because of the statutory priority given to a serving public servant.  He went to Canberra as the Vice Chancellor of the Australian National University. In 1975 returned to New Zealand on appointment to the State Services Commission, where he was the Chairman until he retired in 1981.

www.radionz.co.nz/news/national/130692/nzer-who-worked-on-first-atomic-bomb-dies

http://en.wikipedia.org/wiki/Robin_M._Williams

Big fleas have smaller fleas upon their backs to bite them…..

18 March 2013

A reminder of the self serving character of international relations is provided by recent developments in the Scottish independence debate.  The Scottish Government, led by the Scottish National Party which as a parliamentary party over the last 45 years has campaigned for full separation from England, Wales and Northern Ireland, anticipates funding its aspirations as an independent state with royalties from North Sea Oil. Its campaign leading up to the 2014 referendum seems centred on the advantageous position for the Scots if those oil revenues are no longer gathered for use as a United Kingdom tax.

Not surprisingly Orkney and Shetland have once more raised their “prior rights”.  In the 1970s the SNP slogan was that “… It’s Scotland’s Oil”.  That largely disregarded the common response that, “… No. its Shetland’s oil…”

The Shetland Islands Council last week gave new life to that response. The Scottish Government may see oil revenues as the way to fund its separation from the rest of the United Kingdom, but Shetlanders don’t see themselves as part of Scotland in a fragmented Kingdom. “It’s not your oil Alex, it’s wir”  a former leader of the Lib Dems in Scotland proclaimed at that party’s conference over the weekend. He wants more powers  given to Orkney and Shetland when Scottish constitution issues are worked out later this year.  “Its time to seize the opportunity of Island home rule”.  If constitutional arrangements can recognise the re-establishment of Scottish sovereignty, the historic sovereignty of Shetland and Orkney, perhaps, should also be recognised. A suggestion is that a relationship similar to that which the Isle of Man has with the English Crown could evolve.

Orkney and Shetland became part of Scotland in 1468 as security for the dowry of a Danish princess who then married the King of the Scots. Perhaps the way forward now is to set up a settlements regime to which New Zealanders, practised in responding to the principles of the Treaty of Waitangi will be able to contract their expertise!

But just as many Scots seek to undo the Union of the Crowns with England, so Shetlanders – whose nearest railway station is in Norway rather than Scotland –  may seek to undo their historic union with the Scots.

Which gives credence to the siphonaptera –  Big fleas have smaller fleas upon their backs to bite them, and smaller fleas have tinier fleas, and so ad infinitum….

www.scotsman.com/news/scottish-independence-northern-isles-devolution-bid-1-2841537

www.guardian.co.uk/politics/2013/mar/16/lib-dems-shetland-orkney-independent

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

Freedom of Information Day

16 March 2013 

In the United States 16 March is recognised as Freedom of Information Day.  It falls during Sunshine Week, when the media and public interest groups are encouraged to promote awareness of the Open Government movement. By coincidence or design, 16  March was the birthday of James Madison, the fourth United States president, long regarded as the father of the Constitution, and now reflecting Sunshine Week, the father of freedom of information.  Once convinced by Jefferson of the need for amendments to the Constitution, Madison championed the Bill of Rights starting with the First Amendment guaranteeing the separation of church and state, and freedoms of speech, press, and assembly. 

A report published earlier this week assessed the extent to which the Obama administration has delivered on the commitment to Open Government that the President made on taking office. That commitment appears to have run out of momentum.   The aspiration to be the most transparent administration in history will require agencies to embrace openness, improve accessibility and reliability of published information during the second term, and to “dramatically transform” national security policies on secrecy.

There seems to be nothing unique in politicians promising government openness – until the media demands accountability for political compromises.  In New South Wales the premier who was outspoken on the need for transparency until taking office two years ago, now defends a reluctance to deliver on his promise of a new era of openness. 

And in New Zealand the Government’s response to the recommendations of the Law Commission for substantial changes in the Official Information Act will have disappointed those who seek a more compelling framework for open government.

 http://civilliberty.about.com/od/firstamendment/f/first_amendment.htm

 www.freedominfo.org/2013/01/its-time-for-transparency-in-australia/

 www.medialawjournal.co.nz/?p=583

 www.beehive.govt.nz/release/collins-outlines-plan-improve-oia-law

Russian officials disregard international anti corruption obligations

14 March 2013

Last year, Russia held the chair of APEC.  That also gave it leadership of the Anti Corruption and Transparency Working Group which 10 months ago confirmed the Russian drafted Vladivostok Declaration on Fighting Corruption and a role in championing APEC countries’ commitment to the UN Convention Against Corruption and the OECD Anti Bribery Convention.  In the years leading up to taking the chair there was cynicism about the extent to which Russian officials would be able to contribute to the promotion of anti corruption measures. Organs of the Russian government are seen as self-serving.  Russia scored poorly on the 2012 Transparency International Corruption Perceptions Index compared with other European states – ranking 133rd out of 176 states.  On the Bribe Payers Index Russia as 28th of 28, is bottom.  Although  the former President made public commitments to eradicating corruption, there has been no discernible improvement.

Media allegations this week of corruption by the head of the Duma’s Anti Corruption and Security Committee may lend weight to the belief many officials lack any commitment to ethical government – and that corruption is not just a male propensity. Irina Yarovaya has tried to conceal ownership of a Moscow apartment  worth about $NZ 4 million. Her salary as a member of the Duma is less than NZ 130,000. Her home is another Moscow property also worth about $4 million for which her daughter, aged 23, is the registered owner.

The chairman of the Duma’s Ethics and Credentials Commission resigned in February when he was identified as secretly owning Florida property worth $NZ 2 .5 million. Five other Duma members have resigned since December.

www.themoscowtimes.com/mobile/article/scandal-hits-duma-anti-graft-chief/476757.html

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

http://bpi.transparency.org/bpi2011/results/

 www.apec.org/Press/Features/2013/0128_agenda.aspx

Talks on the interface between Ministers and the Public Service

13 March 2013

Last night Len Cook spoke on “Framing the Debate” the first in a series of presentations about relationships, issues and tensions between Ministers and Chief executives, organised by the Institute of Governance and Policy Studies and the Institute of Public Administration. Another five lectures will take place over the next few weeks.

Len Cook is unique in having served as a Public Service chief executive in New Zealand and a Departmental Head in the British Civil Service (as NZ’s Government Statistician and UK’s National Statistician).  He has worked within the markedly different statutory frameworks and conventions but observed how they operated in a remarkably similar way.  His presentation was punctuated with anecdotes of his experience – including interactions with Hon Trevor Mallard who was his Minister for a number of years and who was in the audience. He spoke of the importance of the relationship  between Chief executives and their Ministers but which was shaped by different expectations – perhaps ultimately expressed in a comment by Prime Minister Muldoon about Jack Lewin when displeased by data released by the Statistics Office – “The Government Statistician is not this Government’s statistician”.

Len spoke of the need to manage complexity and risk – of an inability for New Zealand to rely on serendipity as in the past and the superiority of the British commitment to piloting and evaluation of new approaches. We cannot rely on traditional markets and the attitudes that went with them – illustrated by the need to be China focused and abandon our long standing “she’ll be right” perspective. His assessment is that too little attention is given to contemplating governance arrangements – we concentrate on the mechanics of leadership and not the business of leadership. It seems that Ministers cannot tap into a comprehensive understanding of departmental business until they get three levels down from the chief executive.  The commercial sector breeds leaders from within but not the Public Service.

There are some good things  in New Zealand.  When elected a government can “do stuff”  in marked contrast with the United States.  But Len felt that too often the Ministers ran out of a sense of purpose and used the analogy of giving the car keys to the kids – they just go out and do wheelies. All governments come with enthusiasm  and don’t feel any need to listen to officials’ advice.  The role of Public Servants is to be strategic, to target years’ three and four of an administration when Ministers really need support and direction, not the first three months. There was a need for serious public debate about Parliamentary sovereignty, and how parliamentarians see the rule of law.

The different expectations will always create a tension between Ministers and their chief executives.  Public servants need conventions. The role needs a framework. That is something Ministers will never appreciate.

A colourful question and answer session was cut shorter than many may have wished,  with an injunction to the audience to attend further presentations in the series. The opportunity would again arise to explore the kaleidoscope of ideas eccentrically constructed by Len into a framework for future debate.  The next presenter is Mai Chen,  speaking on 19 March about Chief executives, Ministers and Parliamentary scrutiny.

 

www.ipanz.org.nz/Category?Action=View&Category_id=182