High Rule of Law Index ratings maintained

15 June 2011

The Rule of Law Index was published this week as part of the World Justice Project. The index is a way of measuring the reality of the rule of law as experienced by ordinary members in the participating countries.  It is outcome focused (eg absence of corruption rather than the number of police officers).  And New Zealand measures up well – as it has since the first index was released in 2008.  This year New Zealand is in the top 4 places on seven of the eight factors (and 52 sub factors) which make up the index.

A Washington Post article reports …”New Zealand was ranked the least-corrupt nation of 66 examined ….while the U.S. finished an unremarkable 17th. The ranking is another feather in New Zealand’s cap, after the country tied for 1st in…the Transparency International 2010 Corruption Perceptions Index.”

When comparing the sixty six participating countries New Zealand was assessed as follows;

Limited government powers          2nd

Absence of corruption                       1st

Order and security                             11th   (At 10th, only on this factor does Australia rate better than NZ)

Fundamental rights                            3rd

Open government                               2nd

Regulatory enforcement                  3rd

Access to civil justice                        4th

Effective criminal justice                 3rd

The absence of corruption in the judiciary, the military and the police is tarnished somewhat by a perception that the executive branch has lower standards than other parts of government. New Zealand is assessed as strong on protecting the freedom of opinion and expression, for processes on sanctioning misconduct by officials and for the lawful transition of power to successive governments.

The poor evaluation of law and order is a reflection of comparatively low scores for effective control of crime, effectiveness in limiting civil conflict and the extent to which people resort to violence to redress grievances.

New Zealand was given only average ratings for the accessibility, affordability, delay-free and non discriminatory character of civil justice. The effectiveness of the correctional system was also substantially below the rating given to most other subfactors.

www.worldjusticeproject.org/node/523

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

Openness and Open Government

14 June 2011

Good government requires an informed electorate.  That requires a commitment by Ministers to making information available to the media, responding to disclosure requests and valuing transparency. Of course knowledge is power.  As power is the aspiration of politicians, there is an inherent reluctance to be too open.

Sunshine movements in many jurisdictions seek not only to increase the accessibility of public information but to promote the use of that information for community well being. As a generalisation, politicians seem predisposed to use public money to acquire and maintain power. Various checks and balances are meant to protect the public interest. Many media stories are about the inadequacy of these measures.

The final report of the retiring Canadian Auditor General is an illustration.  The last Federal government, elected on a platform to strengthen governance, is criticised for misleading Parliament about money voted for G8-G20 conferences, with only $664 million of a $1.1 bn vote spent as proposed. The Auditor General’s criticisms give some credence to Opposition parties’ pork barrel accusations..

Over the last few days there has been a focus on tactics by New Zealand political parties to use both Parliamentary Services funding and that agency’s officials (who are required to be non political in their duties) for party political purposes.

And there is a growing concern about the extent of self interest that may have minimised the regulation of  lobbying. One right wing blogger applauds Australian controls compared with New Zealand “where politi­cians move to a ‘gov­ern­ment rela­tions’ or ‘com­mu­ni­ca­tions’ firm and then sell access to their old con­tacts. One for­mer senior National MP boasted about hav­ing all but two of cab­i­net to a party at his firm.”

Greater awareness of the business of government, and the accessibility and reuse of information is how the democratic process can be strengthened.  Encouragement for accessing and reusing government information has motivated the The Open Government Data Day in Wellington on 22 June.  This event – on the eve of UN Public Service Day – is a positive contribution by Open NZ and GOVIS to broadening the understanding, not of what should be done with information, but how to do it.

Attendance is gratis – and there is still opportunity to register to take part.

www.ottawasun.com/2011/06/09/ag-slams-feds-for-g8g20-summit-costs

whaleoil.gotcha.co.nz/index.php/2011/06/agreeing-with-the-greens-on-scum-lobbyists/

wiki.open.org.nz/Open_Government_Data_Day

 

KPMG finds gaping hole in anti corruption compliance

13 June 2011

KPMG published their report on Global Corruption last week.  The content, to a large degree, reinforces data of other surveys published recently, including the Ernst and Young fraud survey. The KPMG report uses the abbreviation AB&C, currently of little currency, but which will inevitably become a standard reference to Anti Bribery and Corruption programmes.

The purpose of the report was to measure the comparative commitment of large British and US businesses to complying with anti corruption legislation in the other’s jurisdiction.  What it found  was  ” a gaping hole in international compliance. Just 43 percent of American respondents said their programs comply with the UK Bribery Act 2010, while only 46 percent of British respondents said they were in compliance with its American counterpart, the Foreign Corrupt Practices Act (FCPA).” There was some improvement since the 2009 survey but vulnerabilities remain.

The good news according to KPMG is “We are confident that continued attention by senior management, Boards of Directors, and other governing bodies to AB&C compliance efforts…will pay dividends in the future.”  And that view must have general application for good governance in all sectors, everywhere.  Effective  leaders set and model standards, and ensure those standards permeate and are valued throughout their organisation.  In the New Zealand State services this expectation is expressed in the “6 trust elements”

  • having standards
  • promoting those standards, -“talking the talk”
  • integrating the standards into “the way we do things around here”
  • managers modelling the standards – “walking the talk”
  • staff knowing the consequences of any breach of the standards
  • agencies taking decisive action if a breach occurs.

Maintaining standards of integrity and imbuing the spirit of service are core statutory responsibilities of chief executives.

www.kpmg.com/UK/en/IssuesAndInsights/ArticlesPublications/Documents/PDF/Advisory/23816NSS_Global_ABC_Survey.PDF.

www.ey.com/GL/en/Newsroom/News-releases/European-companies-complacent-about-rising-fraud-and-corruption-risks

www.ssc.govt.nz/node/5390

New “D day” for corruption in Europe

10 June 2011

What is it that fires the continuing enthusiasm of much of the developed world to strengthen processes to counter the undermining influences of corruption – and why is it that New Zealand feels immune to those influences?

Later this month, the annual Brookings/World Bank Worldwide Governance Indicators will be published.  Countries are rated on 6 measures indicative of good government. The New Zealand rating has been slipping and last year for the first time moved out of the top ten on all measures. Most countries that rate well are part of the EU.

On 6 June – the anniversary of the Normandy landings and the liberation of Europe from Nazi control – without any overt reference to the symbolism, the EU Commission launched measures to address the serious harm corruption causes to European societies.  The core of the initiative is a mechanism, the EU Anti-Corruption Report, to assess anti-corruption efforts in the EU. Apart from stronger monitoring and implementation of existing legal instruments against corruption, a wide range of actions are to be implemented to strengthen the focus on corruption in all relevant EU policies.

Despite generally effective government across Europe, these countries acknowledge the pervasive threat presented by corruption. Anti corruption measures are essential. The EU will place greater emphasis on corruption in all relevant internal and external policies while concurrently combating corruption in the private sector. And the effectiveness of measures in each member state will be evaluated.

http://europa.eu/rapid/pressReleasesAction.do?reference=IP/11/678&format=HTML&aged=0&language=EN&guiLanguage=en

South Australia budget funds new ICAC

9 June 2011

South Australia is now setting up an independent anti corruption commission despite the Government repeatedly denying the need for it and having argued that existing agencies were adequate. This time last year the Premier and the Attorney General appeared satisfied that their State alone among Australian jurisdictions did not need a special focus on anti corruption. This stance weakened as public support for change strengthened.

Adelaide’s Sunday Mail editorial this week has championed the advent of the commission as a resource not only for finding and preventing corruption, but also for preventing “the temptation for people in power to teeter toward corruption”. The paper considers that the effect will be to help safeguard the integrity of democracy in South Australia, and underpin public confidence in government.

It comments that “those in positions of power will need to be more transparent in their behaviour; it will influence how such people conduct themselves, for the better… It will also be a signal to people operating in the shadows that influence-peddling and the greasing of palms will not be tolerated.”

The funding for the Commission forms part of today’s State budget. This means that the South Australian ICAC with more than 20 investigators exercising extensive powers, including phone-tapping and secret hearings, should be operating by the end of 2011, possibly ahead of Victoria’s IBAC – still waiting for its establishing legislation.  Just as all Australian jurisdictions already have processes for controlling the interaction between lobbyists and Ministers, their advisers and senior officials, so by 2012 they will all have powerful, independent, anti corruption agencies.

There appears to be no appetite among New Zealand legislators for either type of resource.

www.adelaidenow.com.au/ipad/editoria-time-to-bust-corruption/story-fn6br25t-1226069305553

www.adelaidenow.com.au/news/south-australia/sa-only-state-without-an-icac/story-e6frea83-1225874712919

Universities putting profit before ethics?

8 June 2011

Are universities just another big business – committed to fiscal rewards rather than intellectual aspirations? The Vice Chancellor of Macquarie University (Sydney) seems to be of that view. According to a report in Australian media, he considers that universities, with an eye to profits, are “losing sight of their ethical function”. A focus on making money rather than benefiting society has led to an erosion of public trust. He appears disillusioned; “Education is, or should be, a moral enterprise”.

“The purpose of university research was the discovery and dissemination of knowledge for the benefit of society”.  He illustrates this with the ethics underpinning the work of Jonas Salk, the university researcher who developed the polio vaccine in the 1950s. The drug was effective and Salk gained recognition. But he did not become rich because the University of Pittsburgh, despite being a private university, licensed the vaccine to anyone who wanted to manufacture it.

New Zealand universities are Crown Entities – their staff are State sector employees. The Cabinet Manual integrity obligation applies equally to them. “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.” In all other parts of the State sector there are tight constraints on secondary employment. Prior consent of the employing agency is necessary, and potential conflicts must be carefully managed. Universities by contrast, appear not only accepting of secondary employment directly relating to an academic’s specialty but seem to encourage the exposure it brings. The environment seems shaped around the profit motive, not the simple, ethical premise that drove Salk’s work.

www.smh.com.au/national/education/universities-should-trade-in-morals-not-profits-20110605-1fnix.html#ixzz1Oan4ejoF

www.cabinetmanual.cabinetoffice.govt.nz/3.50

Celebrating public service

7 June 2011

June is a month of events to mark good government.

June 23 is the UN Public Service Day – an opportunity for public administrations around the globe “to recognise and celebrate the contribution which professionalism and the spirit of service makes to good public administration”. A UN ceremony at which public service awards are announced (UNPSAs) will be held this year in Tanzania. For the first time there will be an award to recognise a distinguished contribution to preventing and combating corruption in the public service.  A number of countries have their own events to mark the Public Service Day.

Canada and Singapore go much further than most, by having a celebration week.  12 – 18 June is Public Service week in Canada, celebrated by Federal, Provincial and City governments. In 1992, Canada enacted the “National Public Service Week ; Serving Canadians Better Act”.  It has two sections; the title and the second section nominating the third week of June each year, as Public Service week. The occasion is promoted as a “celebration of the pride, dedication and excellence that public servants bring to their jobs and careers”. This year in addition to awards made to outstanding officials, a series of substantial money prizes will be awarded for excellent performance.

In Britain, June is the National Health Service’s Anti Fraud month.  The Counter Fraud Service is encouraging awareness of the contribution staff can make to preventing  and reporting misconduct. It is promoting its freephone fraud reporting line.

In New Zealand, the Institute of Public Administration Excellence Awards Ceremony will be held on the eve of the UN Public Service Day.

www.un.org/News/Press/docs//2010/note6287.doc.htm

www.tbs-sct.gc.ca/arp/nfpsw-eng.asp

www.nhsprofessionals.nhs.uk/news/article,92.aspx

www.nhsbsa.nhs.uk/CounterFraud.aspx

http://ipanzawards.org.nz/

Lobbying some more

6 June 2011

A Dominion Post article on “The rise and rise of lobbyists” has stimulate debate over the last few days on several blog sites. Most contributors, from both sides of the political divide, seem to be of the view that it unnecessary to impose controls on lobbying. Except for the ardency of one advocate who quoted in full the provisions in each of the Australian states, there was little consideration of measures in economies whose achievements New Zealand seeks to emulate. For example there was no consideration of the EU or OECD guidance. Yet these organisations have developed guidance recently to restrict decision makers’ relationships with lobbyists because of number of illustrations where power has been abused. The objective of course is to counter the declining trust in government to which these actions contribute.

http://www.stuff.co.nz/national/politics/5099703/The-rise-and-rise-of-lobbyists http://www.oecd.org/document/48/0,3343,en_2649_34135_44644592_1_1_1_37447,00.html

Keeping up standards

3 June 2011

The Oxford English Dictionary defines corruption as “dishonest or fraudulent conduct by those in power, typically involving bribery”.  A pretty good explanation is that corruption is a manifestation of deceit by those who know better! The effect is to undermine social values, threaten the rule of law, and erode trust in political institutions. It creates a business environment that advantages the corrupt. It devalues scientific research, weakens the professions and obstructs the emergence of the knowledge society. It reinforces human misery and inhibits development. Corruption succeeds most under conditions of secrecy and general ignorance.  A characteristic of deceit is that its practitioners object to transparency as a constraint on their individual rights. They oppose openness as a restraint on their freedom.

British media today report the imprisonment of Lord Taylor. He was considered one of the most promising Tory politicians of his generation. He has now been jailed for a year for fraud.  He fiddled than £11,000 for travel and overnight allowances. He lived in London but claimed expenses for living in Oxford – at an address he had only visited twice.  Details came to light when claims were made public. British MPs’ claims, now published, are substantially lower. New Zealand MPs’ travel claims, also published now, have diminished in a similar way.

The sentencing to two years three months of a Rimutaka prison officer, convicted of smuggling drugs into his workplace is another sad example. The senior investigator involved implied that the cause was greed.

In December 2010 several senior officials objected to the State Services Commissioner’s requirement that periodically they declare their travel expenses and benefits derived from hospitality and gifts. This is a well established and quite uncontentious practice in Canada and a number of other jurisdictions. For some reason these officials felt suppression of information about benefits they received (as a direct consequence of their government employment) was necessary to protect their rights, that disclosure breached their privacy. This was unexpected because all State servants are subject to the trustworthy obligations of the code of conduct.  It seemed extraordinary that chief executives would not be conforming to standards that applied to their staff.

The Commissioner’s guidance about benefits is emphatic:

“… We must not seek or accept favours from anyone, or on behalf of anyone, who could benefit from influencing us or our organisation. Organisations’ policies on accepting gifts and hospitality vary, depending on their business. In all cases, it is expected that gifts will only be accepted following a transparent process of declaration and registration. To avoid misperceptions, it is essential that the process is public…”

The unacceptability of this type of benefit  was detailed in earlier directions by State Services Commissioners in 2003, again in 2007, and the SSC video “Walking the Line”.  Ministers have disclosed that officials working in their offices disregard this requirement.  For example,  Ministerial staff have been accepting hospitality at rugby events – unacceptable in itself but made worse because of the absence of any transparent disclosure.  The OECD Principles of Transparency and Integrity in Lobbying published earlier this year have direct application to these circumstances and the reports of relationships between Westpac and Ministers.

www.nzherald.co.nz/politics/news/article.cfm?c_id=280&objectid=10729601

www.tbs-sct.gc.ca/pd-dp/gr-rg/index-eng.asp

www.ssc.govt.nz/node/1914

www.oecd.org/document/48/0,3746,en_2649_37447_44644592_1_1_1_37447,00.html

Values in action

2 June 2011

State sector agencies were well represented among 125 senior officials taking part in a Wellington seminar yesterday coordinated by Mai Chen (Chen&Palmer). The focus was on responding to the Government’s call for good advice, change and new thinking from the public sector. The Department of Prime Minister and Cabinet website now has a page where these “Better Public Service” expectations of the Government will be posted.

Coincidentally, on Monday the Ministers of Finance and State Services announced a need to reduce the number of agencies as the Government pursues better value for money, less duplication and improved co-ordination across the sector. This reinforced the pertinence of seminar discussions about the shape of  government.

A heartening characteristic in a number of presentations by chief executives was the importance they place on integrity and values when leading change. This emphasis on values when restructuring varied from an unquestioned expectation, through a movingly sincere recitation of the place of values , to a passionate advocacy of their ubiquitous necessity.  They were emphatic that restructuring requires strong leadership and that leadership is inseparable from agency values.

Speakers were also unanimous that if restructuring is unavoidable, it is important that change proposals are very well thought out, are followed by wide and responsive consultation, and are then promptly and ethically implemented. Interestingly, none of the speakers referred to the “spirit of service”.

http://www.dpmc.govt.nz/better_public_services/news_resources.htm