NZ gives high marks to German anti bribery processes

23 March 2011

The OECD Anti Bribery convention involves a continuing consideration of the measures taken by member States to give effect its provisions.  New Zealand and Japan having reviewed German compliance,  this week reported very favourably on the commitment  of German agencies.

This contrasts with ongoing criticism in some media of delays by the  British government in passing legislation to strengthen its laws on the bribery of foreign officials. Although the bill’s provisions are more far reaching than for example, the United States equivalent,  some of the content of the bill at first reading has been dropped.

The need for anti corruption laws is evident from reports this week . The extremes are highlighted with the upcoming trials of a former Nigerian state governor (143  on the Transparency International CPI ) and a major manufacturer in Finland (2  on the CPI).

In the Yemen (164 on the CPI), a general now siding with the protesters is reported to have “amassed a fortune in the smuggling of arms, food staples, and consumer products.”

www.yle.fi/uutiset/news/2011/03/outokumpu_money-laundering_trial_begins_2455769.html

www.thisisexeter.co.uk/news/Bishop-urges-implementation-anti-corruption-Act/article-3359401-detail/article.html

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March 26, 2011

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Is your data safe with government?

22 March 2011

Respondents in a  British “Yougov” survey have indicated falling confidence in the ability of government to protect personal information.

Less than half of the 2000 taking part were confident that agencies would keep their data safe. Only 36 per cent of respondents felt their local council could keep data safe. Confidence levels in government were said to be “eroding” with 32 per cent of respondents less confident that their data would be kept safe compared to this time last year. Ironically a reason given for scrapping the ID card system was that it illustrated how the British public could trust their government to appropriately handle personal information.

www.iwr.co.uk/social-media/3010793/Social-media-ranked-lowest-in-British-public-confidence-for-data-security

 

 

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March 26, 2011

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ID or not ID?

21 March 2011

The former Labour Government in Britain developed a national identity card system as part of the “war on terrorism”. When the government changed in 2010, arrangements were scrapped. The scheme was criticised as an expensive erosion of civil liberties. The data gathered as part of identity verification has been destroyed. The Immigration Minister commented about people needing to have  “…trust in the government to know when it is necessary and appropriate for the state to hold and use personal data, and it is about the government placing their trust in the common sense and responsible attitude of the people.”

www.publicservice.co.uk/news_story.asp?id=15802

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March 26, 2011

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Bullying in the workplace

18 March 2011 

 

Last year Sydney media reported extensive harassment and bullying in WorkCover NSW, the agency with Health and Safety, Insurance and Licensing responsibilities. A report released this month of an investigation directed by the NSW Government indicates that 40% of WorkCover staff felt they had been bullied or harassed at work. Half of those said the source was a manager. ”Bullying and harassment by a manager or supervisor most commonly occurred in the form of nit-picking, unjustified criticisms or inequitable treatment…” An irony is that the agency specialises in workplace safety.

There are high levels of perceived bullying in many organisations, although 40% may be at the upper end. The State Services integrity and conduct survey in 2010 reported that 38% of respondents observed intimidating or abusive behaviour at work. In the 2007 survey this figure was 36%. As a consequence of the survey, priority actions for agencies include a focus on raising an awareness of behaviour that is unacceptable, ensuring managers model high standards and that agencies take decisive action when misconduct occurs.

Agencies across the State Services are expected to give effect to the eight recommendations set out in the survey report.

Coincidentally there was a conference about bullying held at the White House last week at which President Obama spoke of the need to tackle bullying because of its destructive effects.

http://www.smh.com.au/nsw/bullying-report-reveals-toxic-culture-at-workcover-20110303-1bgem.html

http://www.ssc.govt.nz/upload/downloadable_files/integrityandconduct-survey2010-findings-summary.pdf

http://www.reuters.com/article/2011/03/10/us-obama-bullying-idUSTRE72964420110310

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March 18, 2011

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Corruption can happen here

17 March 2011
 
All State servants will feel let down by a former colleague convicted this week of corrupt use of information in return for  cash and other personal benefits.  The ACC property manager comes from a professional group very exposed to corruption.  Officials with procurement responsibilities exercise discretions which can result in substantial advantage to businesses selected as government suppliers.  There are too many examples worldwide were purchasing decisions reflect payments made to decison-makers. The judge sentencing Mason referred to the harm this incident does to good government and an unquantifiable loss reflected in the eroding of confidence in New Zealand’s corruption-free status.
 
Agencies can bring this sort of situation upon themselves.  “The way we do things around here” reflects the expectations of senior leaders.  If there is little focus on integrity, if agency policies can be disregarded, and if rules on the acceptance and public disclosure of gifts and hospitality are not taken seriously, opportunists will maximise their opportunities.
 
Understanding the code of conduct sets out the State Services’ Commissioner’s expectation:

“There will usually be perceptions of influence or personal benefit if we accept gifts, hospitality or ‘quid pro quo’ exchanges of favours. 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.”

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March 17, 2011

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Mitigating disaster

16 March 2011 
 
After the disaster in Christchurch, we now have massive devastation on the Sendai coastline.  What is astounding in this major earthquake is the apparently low casualty rate caused by building failure although the subsequent tsunami has resulted in horrific losses. Unlike the widespread collapse of buildings in more moderate quakes in China and Haiti, compliance with building codes in Japan, Chile and New Zealand has mitigated casualty levels.
  
Daniel Kaufmann’s thesis is that casualty numbers in earthquakes and mining explosions are directly related to the integrity of related enforcement agencies; that countries that rate well on the World Wide Governance Indicators, suffer less because construction standards and safety measures have not been undermined by corrupted officials. Sadly, good government can ensure good construction, but it cannot cope with mountains of seawater sweeping the coastline.

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March 17, 2011

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Sunshine week in USA

15 March 2011

This is Sunshine Week in the United States. Participation has grown over the last 7 years as agencies across that country cooperate to promote public awareness and discussion about open government, information freedom and related issues. The results of a number of surveys have been released to encourage media attention and a focus on levels of transparency in government.

Although one of President Obama’s first acts on taking office was to call for greater openness, the findings of the 2011 Knight Foundation Open Government Survey, the ForeSee E-govt Transparency Index Survey 2010, and the Sunshine in Government initiative show that many agencies are not meeting the aspirations held of Freedom of Information Act. For example, only 6 of 90 Fedral agencies surveyed are seen as having taken concrete action on the “two steps” encouraged by the White House. Many were seen as doing nothing substantive. An analysis by Associated Press showed that despite agencies receiving approximately 12% more information requests in 2010 than the year before, agencies responded to many fewer, and took longer to release information. The Sunshine in Government initiative has found that agencies show no reticence about using the many statutory provisions that can exempt them from FOIA obligations.

An apparent reluctance to release official information or to release it in a timely way, seems to be a universal characteristic of government employees, otherwise committed to lawful behaviour. In New Zealand, the Ombudsmen in their 2010 Annual Report noted that about 20% of completed investigations into non disclosure complaints were justified. State servants need to be conscious always that the good government purpose of the Official Information Act . It is ” 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”.

That is the essence of being “fair, impartial, responsible and trustworthy” as required by the State Services Commissioner’s code of conduct.

www.knightfoundation.org/news/press_room/knight_press_releases/detail.dot?id=379041

sunlightfoundation.com/blog/2011/03/14/agencies-slow-to-adopt-foia-guidelines/

 

www.foreseeresults.com/research-white-papers/_downloads/e-gov-transparency-index-2010-year-in-review-foresee.pdf
www.ombudsmen.parliament.nz/imagelibrary/100364.pdf

www.legislation.govt.nz/act/public/1982/0156/latest/DLM65364.html

 

 

 

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March 17, 2011

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Judging conflicts

14 March 2011

The New Zealand Law Commission has published a report on the disclosure of judicial interests; “Towards a New Courts Act – A register of Judges’ Pecuniary interests.” It explores whether the recusal of judges for pecuniary interests is satisfactory, or whether law change is required. Do the 2010 circumstances surrounding the resignation Justice Bill Wilson indicate that judges are as susceptible as any others to misunderstanding conflicts of interest? Dr Kennedy Graham believes that is the case and has introduced a Private Member’s Bill to require judges to disclose interests.

A similar situation has arising in the US, although the motivation there seems more political with liberal groups apparently seeking to neutralise conservative justices on the Supreme Court. There are already controls in place, and a website provides a searchable record of judicial financial disclosures. However, the perceived misbehaviour of some on the US Supreme Court has led to a House member introducing a bill that would extend the existing Federal Court judges’ code of conduct to the US Supreme Court, and establish processes for the recusal of those justices.

Although the Cabinet Manual in NZ specifies how Ministers (the Executive) must disclose interests and Parliament’s Standing Orders prescribe disclosures by MPs (the Legislature) to date there has been no formality about the Judiciary disclosing their pecuniary interests. International anti money laundering obligations identify judges as a class that must make special declarations when transferring funds between jurisdictions . Article 11 of UNCAC provides that …” each State Party shall … take measures to strengthen integrity and to prevent opportunities for corruption among members of the judiciary. Such measures may include rules with respect to the conduct of members of the judiciary.”

http://www.lawcom.govt.nz/sites/default/files/publications/2011/03/lc2919-towards-a-new-courts-act-first-issues-paper-150.pdf

http://www.judicialwatch.org/judicial-financial-disclosure

www.opencongress.org/bill/112-h862/show

http://www.unodc.org/documents/treaties/UNCAC/Publications/Convention/08-50026_E.pdf

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March 16, 2011

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Chinese changes

10 March  2011 
 
 China now expects the same ethical behaviour from its officials as do developed economies. The Government has indicated that it will be “resolute” in promoting improvements. 
This is apparent from a publication on all government websites.  This state of the nation report  is  ” a compendium of everything that infuriates your average Chinese citizen” ; the extravagant lifestyle of officials and their Audi A6 fleets all at public expense, and the enrichment of their families, often by abusing powers to expropriate and redevelop land.
 
this year agency budgets for travel, entertainment and vehicle purchases are to be frozen and senior officials will be required to make interest disclosures; of their income, property,investments, and what their spouses and children do and whether they live abroad.  This reflects a concern about officiasl hiding assets within their families.
 
Fair, impartial,  responsible and trustworthy officials are necessary for good government.  The New Zealand Cabinet Manual describes these characteristics as the principles of public service.   China’s Government requires its officials to be party members, but now, like New Zealand and other democratic societies,  is demanding that its officials are fair, responsible and trustworthy.    

http://www.businessweek.com/magazine/content/11_12/b4220013645558.htm

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March 15, 2011

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Why we should be talking about goodness

9 March 2011

A former State Services Commissioner repeatedly counselled that “we must not be afraid to talk about goodness” . He recognised that discussing ethical behaviour is something that embarrasses New Zealanders. However talking about goodness is a very important responsibility of leaders. Tone at the top sets the tone of an organisation. Leaders should always be encouraging a focus on “goodness”. The objective is not only to raise employees’ awareness of codes of conduct and the behaviour expected of staff, but also to shape the integrity leadership of managers.

The summary of the 2010 State Services Integrity Survey includes the observation that agency managers need to be comfortable talking about ethical issues. ” They must promote conversations about professionalism and, through their actions, make staff more confident that integrity matters. Agencies must address leadership and communication issues. Too many State servants have poor perceptions of their managers. Good leadership creates the integrity culture needed to strengthen public trust and to deliver the quality services New Zealanders expect. ”

What difference will more talk make?

Recent search has found that many honest people will cheat but if we are reminded of morality at the moment of temptation, we are “much more likely to be honest.” This quirk of human psychology has big implications for how to encourage integrity in the workplace. In the State Services setting it has particular application regarding things like the responsible use of information, managing conflicts of interest, truthfulness in dealing with Ministers and the public, and proper use of agency resources.

The Sunlight Foundation blog last week included an analysis of how to promote honesty.

Social influences have a powerful effect. For example, if you ask people the day before an election whether they intend to vote, the probability of their voting increases by 25%. Similarly, if you draw public attention to what many people are doing, you increase the odds that others will behave in the same way.

Research shows that standards improve if people must first sign a short ethics statement before starting a task. It is the constant reinforcement of goodness which has an effect. Having standards and promoting them is not enough. Managers in agencies need to model the standards and by frequently talking about them, ensure that integrity is explicit in the “way we do things around here”. These are part of the “6 trust elements” measured by the State Services Integrity Survey.

www.ssc.govt.nz/2010-survey-reportwww.sunlightfoundation.com

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March 10, 2011

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