The Global Integrity point of view

5 May 2011

Global Integrity has published its 2010 Report. Although New Zealand has never been part of these assessments, the latest report covers developed countries with sound practices with which New Zealanders like to compare themselves, such as Canada.  Dozens of the world’s developing nations, many shown to have poor governance, are also  included.

Unlike the Transparency International measure of corruption perceptions, the report uses 300 “integrity indicators” to assess mechanisms that prevent corruption.  Where there are fewer safeguards, corruption is more likely to occur.

The data has been collated in numerous ways.  Of particular interest is the comparison of public sector administrations.  “Professionalism of a country’s civil service is an under appreciated but important component of promoting a culture of transparency and accountability. Citizens’ ability to expect fair treatment at the hands of bureaucrats without having to pay bribes is an essential step towards curbing corruption and abuse of power.”

The report on Canada is interesting as ethical incidents helped precipitate this week’s general election. The survey found that Canada was not without anti-corruption challenges. Timeliness and quality of responses hinder the accessibility of official information. The report criticises the low asset disclosure expectations of senior civil servants – in contrast to many countries which make the information freely available to the public. Contrastingly, New Zealand has no asset disclosure regime and has a curtailed declaration of officials expenses, gifts, hospitality and entertainment compared with Canada’s thorough reporting.

Global Integrity rates Canada’s public integrity and anti-corruption system as relatively robust. It finds that the media is able to freely report on corruption cases, and the integrity of elections is rarely questioned. Their Inland Revenue and Customs are professional and independent, and the justice sector is seen to be independent and effective despite the high costs of bringing cases to court and the executive’s control over judicial appointments.

It would be interesting to see the findings if the Global Integrity measure were to be put over New Zealand. (Australia was surveyed in 2004).

http://www.globalintegrity.org/report

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

http://www.data.govt.nz/search/SearchForm?Search=CEexp&action_doCustomSearch=

Conservatives carry Canada

4 May 2011

On Monday, the Canadian Conservative party was returned to government with a strengthened mandate. The economy and government trust and ethics were reported to be the primary election issues. The Conservative party was seen as strong on the economy.  A survey found that while no party had an advantage on ethics and trust, the Liberals had a lead of about 10% “among people who care about the issue”.  The Conservative Party had come to power following a series of integrity incidents that were well published by the Gomery Commission.  Once in government, it gave priority to passing an Accountability Act to impose a stronger ethical structure on the executive. Increasingly the media has criticised the government for undermining this statutory framework and behaving as badly as the Liberal coalition government it had replaced.

The Conservative, Liberal and NDP parties all deserve a “F” for their promises to make government more accountable, according Democracy Watch.

But Canadians were not convinced.  The Government now has an increased majority, the Liberal Party has lost its place as the official opposition and its party leader has lost his seat. There may not be as many people after all “who care about the issue” as claimed by polsters.

http://www.dwatch.ca/camp/RelsApr2811.html

http://abacusdata.ca/2011/04/19/election-issues-the-economy-and-ethics-top-the-list/

http://www.montrealgazette.com/news/decision-canada/Harper+humbled+majority+Layton+Opposition+Ignatieff+Duceppe+ousted/4712342/story.html

Frolicking on the job

3 May 2011

 New Zealand State servants get a quadruple whammy of goodness.  The Cabinet Manual requires that they must act with the spirit of service to the community and meet high standards of integrity and conduct in everything they do. The Cabinet Manual is reinforced by the State Services code of conduct setting 18 standards of integrity and conduct for them. This is overlaid with the State Sector Act requirement that they are to be imbued with the spirit of service, and the departmental chief executive obligation under the section 56 of that Act to ensure that all employees maintain proper standards of integrity, conduct, and concern for the public interest.

 Numerous international comparisons show that New Zealanders have very low tolerance for corruption, It seems arguable therefore that a degree of perversity is needed for officials to misbehave in a way which harms the reputation of the State Services.

The Ministry of Justice is currently promoting awareness of the 2010 Crime and Safety Survey.  The findings are that there is surprisingly little change in the incidence of crime since a 2005 survey, except for statistically significant reductions in domestic violence and vehicle theft.  The survey also gathered participants’ levels of confidence in several justice sector agencies. Prison officers rate poorly compared with the Police, jurors and judges.     

Whatever may have influenced that perception when the participants were interviewed for the survey, will be reinforced by a media report this week that several prison officers have had sexual relationships with prisoners.  The Department of Corrections has commented that while such relationships were rare,  they were utterly inappropriate.  “It’s at the serious end of the scale. It compromises someone’s ability to operate independently. We have a code of conduct which all staff receive when they first join and it does talk about inappropriate relationships with offenders.”

Such behaviour also breaches obligations to be “fair, impartial, responsible and trustworthy”.

 

 

 

http://www.stuff.co.nz/national/4948917/Six-guards-fired-for-sexual-relationships

 justice.govt.nz/publications/global-publications/c/NZCASS-2009/nz-crime-and-safety-survey-2009/?searchterm=NZCASS 

www.cabinetmanual.cabinetoffice.govt.nz/3.50 

www.ssc.govt.nz/display/document.asp?DocID=7063

Quis custodiet ipsos custodies?

2 May 2011

Last week, the Philippines Ombudsman resigned amid public disquiet. She faced impeachment for “betraying the public trust” . The allegation is that she failed to act on corruption complaints against former President Arroyo, who, when in Office,  obtained benefits for her family exceeding NZ$450 million from a Chinese telecoms company. The Ombudsman was appointed as the Minister of Justice by the former President before taking on her current role.

This follows the sad experience six months ago where Canada’s integrity commissioner resigned amid similar public concern as she was not carrying out her functions to investigate whistle blower complaints about misconduct in government.

And the former president of Costa Rica who took at least NZ$1,200,000 in bribes from a French telecoms company was sentenced to five years in prison this week.

In each case the first of the expectations of the rule of law, championed by the World Justice Project, have been debased. Good government requires that “the government and its officials and agents are accountable under the law.”

www.cbc.ca/news/canada/story/2010/12/09/auditor-general-integrity-commissioner.html

www.trust.org/trustlaw/news/philippine-anti-graft-agency-boss-quits-avoids-trial/

http://fcpablog.squarespace.com/blog/2011/4/28/ex-head-of-state-jailed-for-alcatel-bribes.html

 www.worldjusticeproject.org/

State Services integrity reputation takes a knock

29 April 2011

Transparency International New Zealand published an Update for members yesterday.  It features an analysis of the Transparency International 2010 Global Corruption Barometer, which included New Zealand and several Pacific states for the first time.

73% of those surveyed for the barometer believe the level of corruption in New Zealand has increased in the past three years, while only 4% believe it has decreased. Nearly a quarter (24%) reported sensing no change in the level of corruption.

Circumstances giving rise to corruption prosecutions remain very low. As  there have only been 4 or 5 corruption prosecutions, ever, the publicity given to any incident will have a substantial impact on public perceptions.  However, this has been a “bad” month  for the reputation of the State Services.  A former prison officer, dismissed in December, and detained at Auckland airport yesterday, has been charged with corruption relating to activities when employed by the Department of Corrections.  Earlier in the month another former Corrections employee was convicted on a corruption charge relating to payments for supplying prisoners with marijuana.

www.integritytalkingpoints.com/2010/12/10/2010-corruption-barometer/

www.transparency.org.nz/index.php/component/content/article/103-global-corruption-barometer-2010

http://tvnz.co.nz/national-news/prison-guard-faces-rare-corruption-charge-3467123

www.stuff.co.nz/dominion-post/news/local-papers/upper-hutt-leader/3583472/Rimutaka-Prison-guard-charged-with-corruption

www.transparency.org.nz/index.php/component/content/article/103-global-corruption-barometer-2010

http://tvnz.co.nz/national-news/prison-guard-faces-rare-corruption-charge-3467123

www.stuff.co.nz/dominion-post/news/local-papers/upper-hutt-leader/3583472/Rimutaka-Prison-guard-charged-with-corruption

Implementing the OECD anti corruption plan

28 April 2011

Member states of the G20 and the OECD are meeting in Paris this week.  Under the French Presidency of the G20, the focus is on the OECD anti corruption plan developed in 2010, and implementation processes that can be strengthened through public-private partnerships.

The nine key points  of the anti corruption plan are to ensure Members;

  • Ratify UNCAC
  • Enact and enforce anti bribery measures
  • Prevent corrupt officials laundering corrupt proceeds
  • Prevent corrupt officials being able to travel abroad
  • Cooperate in extradition, mutual assistance and asset recovery
  • Support recovery of corrupt proceeds stowed abroad
  • Protect whistleblowers
  • Strengthen anti corruption agencies
  • Promote integrity, transparency and accountability in the public sector.

New Zealand remains one of the few developed countries that have not ratified UNCAC although we are party to the OECD convention against the bribery of foreign officials.

New Zealand has some way to go to implement all the measures in the anti corruption plan.  However it is among the leaders in promoting public sector integrity, transparency and accountability. Within the OECD only Denmark on the most recent Worldwide Governance Indicators is rated more highly for the control of corruption than New Zealand (100% cv 99.5%).

www.oecd.org/dataoecd/11/49/47715445.pdf

www.oecd.org/document/63/0,3746,en_2649_34135_47281343_1_1_1_1,00.html

http://media.seoulsummit.kr/contents/dlobo/E5._ANNEX3.pdf

http://info.worldbank.org/governance/wgi/mc_chart.asp

Importance of well informed electorate prior to General Election

27 April 2011

Canada’s Government Ethics Coalition, an alliance of 31 organizations, is campaigning for the immediate publication of a report about the Office of the Public Sector Integrity Commissioner.  The Commissioner resigned in October amid scandal. The Auditor General criticised the Commissioner’s conduct in office and called for an examination of all files, including 220 whistleblower complaints, that had been rejected by the Commissioner. An interim Commissioner who contracted Deloittes to undertake the review promised to publish the findings. Publication has now been deferred until after Canada’s general election.

Publication has been deferred also of high public-interest reports about government spending on the G8 summit meeting in Toronto last year and the transfer of  prisoners by Canadian troops in Afghanistan.

The criticism is that keeping reports about past government actions secret hides information voters have a right to know, and prevents informed discussion.  It encourages  governments to prorogue Parliament and call for elections as way of delaying or avoiding accountability.

In New Zealand, guidance for the State Services published before each of the last three elections has included an extract from an Ombudsmen’s report about access to reliable economic information prior to a general election.

The Ombudsmen said that … “A General Election is the central event in a constitutional democracy, and it is undeniably in the public interest that all political parties seeking electoral support be able to explain adequately how they intend to deal with issues arising from perceived advantages or disadvantages in the state of the economy, and design the policies which they hope will be supported when the electorate votes.”

“What surprised us was that officials appeared to not appreciate the significance of the need for speedy decisions, and the extreme importance of a well-informed electorate at the time of a General Election. While an inward looking perspective is understandable at such a time, we did think that professional public officials would recognise the importance of one of the purposes of the Official Information Act to the effectiveness of a General Election. That purpose bears repeating here because it is so relevant to a General Election:-

Section 4(a) To increase progressively the availability of official information to the people of New Zealand in order-

(i) To enable their more effective participation in the making and administration of laws and policies; and
(ii) To promote the accountability of Ministers of the Crown and officials

and thereby to enhance respect for the law and to promote the good government of New Zealand. “

The State Services Commissioner advises State Servants that “We must not delay responding to information requests in the lead up to an election, in a misguided sense of obligation to our Minister…. we must recognise that one of the important purposes of the Official Information Act is to support the effectiveness of a general election”.

www.dwatch.ca/camp/RelsApr1811.html

www.ssc.govt.nz/display/document.asp?docid=8029&pageno=9#P440_60115

http://www.ssc.govt.nz/display/document.asp?docid=7902&pageno=4#P208_18769

ANZAC Day focus on fighting malaria

26 April 2011

Yesterday New Zealand and Australia commemorated ANZAC day. 25 April is also United Nations World Malaria Day. The focus is action to reduce the impact of malaria; key to achieving the Millennium Development Goals, agreed by all UN Member States.

The good intentions of many have been undermined by an ethical breakdown in several international organisations. In January Associated Press reported that more than 65% some UN grants disappeared through fraud. The World Bank is another agency where efforts to combat malaria have been corrupted.

In 1998 the Bank initiated a campaign to ‘roll back malaria’. It pledged US$500 million for malaria treatment. But a Canadian academic’s research published in the Lancet in 2005 showed that the Bank was either falsifying, or at best manipulating data about its activities. In Brazil where malaria increased, despite the Bank’s campaign, data was published showing a decrease in the incidence of malaria. The failure was covered up by false accounting.

“Some of the claims made by the Bank during this period, even for the untrained eye, were simply unbelievable. One report stated that Kenya had 135 malaria deaths in 2002, and Iran had 1•4 million malaria deaths in 2003 when Kenya was one of the world’s most malarious countries and Iran is one of the least.”

A review resulting from the Lancet article found that “corruption and fraud was rife within the Bank’s AIDS, child health and malaria programmes. Pharmaceutical companies paid by the bank were found to have been complicit in maintaining artificially high prices for their drugs during the tendering process and providing non-functioning mosquito nets.” The malaria programme was overhauled because of these ‘unacceptable levels of fraud and corruption’.

This year, Bono and other celebrities launched a Global Fund to Fight AIDS, Tuberculosis and Malaria as a response to repeated failures of UN services.
The 2010 World Malaria Report data includes:
• more than 236 million “suspected” malaria cases worldwide, more than half in south-east Asia
• more than 81 million “probable and confirmed” malaria cases, with nearly 69 million in Africa
• the highest incidence was 9.8 million cases in Uganda and 8.1 million in Kenya.
http://malariamuseum.de/blog/2011/04/12/the-gadfly-and-the-world-bank/

www.aolnews.com/2011/01/23/fraud-plagues-global-fund-to-fight-aids-tuberculosis-and-malari/

www.guardian.co.uk/global-development/datablog/2011/apr/25/world-malaria-day-data

Need to do more about bribery

22 April 2011

This week OECD criticised the commitment most of the 38 states-members make to the Anti Bribery Convention. OECD works with the World Bank, UNDOC and civil society to coordinate worldwide anti bribery measures. However the annual report on the convention notes that countries are failing to meet their international commitments.  “It is time most countries got serious” and did more to tackle bribery in international business.

New Zealand is grouped among the majority which have not initiated any enforcement action during the year.  New Zealand’s response to the convention will undergo its Phase 3 review in 2013 when assessors from other states-members will examine measures taken since the  last examination in 2008.

Combating bribery requires leadership, resources and a continuing focus on ethical standards, just as much as these elements are required to strengthen public trust and confidence in government.

In late 2010 OECD published Good Practice Guidance on Internal Controls, Ethics and Compliance.  Although aimed at detecting and preventing foreign bribery, the 12 points in the Guidance have direct relevance to the promotion of integrity across government. The guidance focuses specifically on the need for policies and a compliance programme addressing gifts, hospitality, entertainment, travel expenses, political and charitable contributions, facilitation payments and solicitation. The guidance is appended to the report.

www.oecd.org/dataoecd/7/15/47628703.pdf

http://online.wsj.com/article/SB10001424052748704570704576274652530867430.html

Behaving as the public expects?

21 April 2011

New Zealand media this week report several incidents of offending by officials.  Agencies they have worked for get mentioned, yet the activities attracting media attention would never be endorsed by those agencies.  This illustrates why the State Services code of conduct imposes a duty on State servants to do nothing that will harm the reputation of their agency or the State services.

The report of a passenger detained in Buenos Aires airport with 5kg of cocaine in her baggage was promoted in newspaper headlines with a link to the Crown Entity from which she resigned 15 months ago, not to either of the private sector businesses that subsequently employed her.

Similarly a report about the arrest of a cannabis grower describes his work at Rimutuka prison.

Both cases involve people “doing their own thing” wholly unrelated to their employed functions. But when charged with criminal conduct, the media focuses on connections to government. This confirms findings from focus groups when the State Services code was being developed;  community expectations of public employees are higher than the private sector. People set higher standards for officials than they do for themselves. But perversely, it seems many also consider that misconduct by one State servant typifies how most behave.  The reputation of all is harmed.  Any offending by one, tars all others.

The State Services Commissioner’s guidance on Understanding the code of conduct advises that “… We must be careful that in the eyes of reasonable members of the public there can be no perception that we are pursuing our personal interests to the detriment of our organisation or to the responsibilities we have to our organisation. We must avoid being connected publicly with behaviour that is likely to bring our organisation into disrepute or diminishes the reputation of the State Services…”

www.stuff.co.nz/manawatu-standard/news/national-news/4907721/Ex-public-servant-in-cocaine-smuggling-arrest.

www.stuff.co.nz/national/crime/4904357/Prison-officer-faces-cannabis-charge

www.ssc.govt.nz/display/document.asp?docid=7902&pageno=5#P277_25160