There must be no compromise on integrity, no allowance for arrogance, no room for violation of mutual respect; there will be no sacrifice of our values on the altar of political expediency…No one is exempt from the measure of value based leadership…All my considerations are character driven. I hold no brief for any man or woman save the greater public interest… I have insisted from the moment we took office that every one of us must display a sound character of public integrity, fairness, humility, compassion and human dignity… Further, no man, nor woman, has been allowed nor will be permitted to deviate from the very principles upon which my Government was elected by the people into office…
Kamla Persad-Bissessar, Former T & T Prime Minister
Last Friday, the Ministry of the Presidency released a draft Code of Conduct for Ministers, Members of Parliament and Public Office Holders. The Code is a welcome development, considering that in the past there was no such document to guide our elected officials and others as to how they should conduct themselves once elected or appointed to public office. This article describes the Code and offers some suggestions by way of comment (shown in italics).
General principles
The purpose of the Code is: (a) to assist Ministers and Members of Parliament and Public Office Holders in discharging their obligations to their constituents and the public at large; and (b) to provide guidance on the values – the moral qualities – that should govern the conduct of these officials. The Code is meant to reinforce public confidence in the way Ministers and Public Office Holders perform their duties.
Ministers have a duty to be faithful and bear true allegiance to the country, according to law as well as their oath of office. Public Office holders are duty-bound by the Code in all aspects of their public life.
They have a duty to uphold the law, including the general law against discrimination and sexual harassment, and to act with propriety on all occasions in accordance with the public trust and confidence placed in them. They also have a general duty to act in the interests of the nation as a whole and owe a special duty of care to their constituents, and citizens.
Comment: All three categories of public officials – Ministers, Members of Parliament and Public Office Holders – should be made duty-bound by the Code, not just Public Office Holders. It is also not clear what categories of officials are considered Public Office Holders.
The ten principles of public life
Accountability: Public Office Holders are accountable to the public for their decisions and actions, and must submit themselves to scrutiny and criticism;
Dignity: Public Office Holders are expected to conduct themselves in a manner that is worthy of the respect of their peers and the public;
Diligence: Public Office Holders are expected to be effective, efficient, courteous and reliable in the performance of their duties;
Duty: Public Office Holders are reminded that they owe a duty to the public and must consider themselves servants of the people;
Honour: Members of Parliament should regard it as an honour to serve in the nation’s highest legislative forum. They have a moral responsibility to preserve the reputation of their office;
Integrity. Public Office Holders have a duty to declare any private interest relating to the discharge of their duties and responsibilities, and to ensure that their personal decisions and actions are not in conflict with the national interest;
Loyalty: Public Office Holders should display allegiance to the State and should show concern for the wellbeing of the persons that they were elected to represent;
Objectivity: Ministers, in carrying out public business, should make decisions based on merit when making public appointments, awarding contracts, or recommending individuals for rewards and benefits;
Responsibility: Ministers collectively have a basic responsibility to take decisions only in the national interest void of any forms of personal gain, or other material benefits for themselves, their family or their friends.
Transparency: Ministers should be open about all their public decisions and actions and be prepared to provide explanations when so demanded by the public.
Comment: Six of the above principles are applicable to Public Office Holders; one to Members of Parliament; and three to Ministers. However, why should Ministers and Members of Parliament not be held accountable to the public for their decisions and actions, and submit themselves to scrutiny and criticism? Similarly, should Ministers and Members of Parliament not be viewed as servants of the people? The ten principles outlined above should be made applicable to all three categories of officials. In addition, Ministers are not involved in making decisions on the award of award of contracts.
Gifts
The acceptance of gifts and other forms of rewards, worth more than ten thousand dollars, by Ministers, Members of Parliament and Public Office Holders in their official capacity, shall be reported to the Integrity Commission. They should consider declining such gratuities if the acceptance of same could be perceived to have an effect on their objectivity and lead to complaints of bias or impropriety.
Comment: Public officials in receipt of gifts above a certain value must not retain them. At the United Nations, gifts in excess of US$50 must be handed over to the Secretary-General. Perhaps, we should consider lodging such gifts with the Clerk of the National Assembly for safe keeping. In addition, the Integrity Commission Act identifies the designations of public officials who are required to file returns. On the other hand, the Code does not specify who public office holders are.
Conflict of interest
Ministers, Members of Parliament and Public Office Holders should avoid using their official position to transmit any information made available to them in the course of their official duties to benefit themselves, their relations or any other individuals with whom they are associated. They should avoid compromising themselves or their office, which may lead to an actual or perceived conflict of interest. The failure to avoid or declare any conflict of interest may give rise to criticism of favouritism, abuse of authority or even allegations of corruption. In particular, Ministers, Members of Parliament and Public Office Holders involved in the procurement process should declare conflict of interest if they are closely related to, or have, or will likely be perceived to have, beneficial interest in any company or transaction that would result in the award for the supplies of goods and services to the state.
Comment: Ministers and Members of Parliament are not involved in public procurement.
Entertainment
Although entertainment is an acceptable form of business and social behaviour, officials and Ministers, Members of Parliament and Public Office Holders must not accept lavish or frequent entertainment from persons with whom the Government has official dealings (e.g. suppliers or contractors, clubs/persons to which the state may allocate resources or job assignments), so that they will not be placed in a position of obligation to the other party.
Misuse of office
Officials and staff who misuse their office for personal gains or to favour their relatives or friends or to benefit their business connections are liable to disciplinary action by the Government or even prosecution by the State. Examples of misuse include an official or a staff member responsible for the selection of suppliers giving undue favour or leaking tender information to his own or his relative’s company with a view to awarding the contract to the latter, or placing it in an advantageous position ahead of other competitive bidders. Other examples include the unfair allocation of resources (e.g. venue) to other parties for personal gain.
Comment: Misuse of office should be extended to include Ministers.
Handling of classified or proprietary information
Officials and staff are not allowed to disclose any classified or proprietary information to anyone without prior authorisation by the Government. Officials and staff who have access to or are in control of such information should at all times provide adequate safeguards to prevent its abuse or misuse. Examples of misuse include disclosure of information in return for monetary rewards, or use of information for personal interest or business benefit. It should also be noted that unauthorised disclosure of any personal data may result in a breach of the personal data.
Property and other resources of the Government
Officials and staff given access to any property or other resources of or acquired by the Government (such as venue) should ensure that it is properly used solely for the purpose of conducting the Government’s business. Misappropriation or unauthorised use of such property or resources, such as for personal use or personal gain (e.g. resale or unauthorized leasing), is strictly prohibited.
Facilities provided to Ministers, Members of Parliament and public office holders at Government expense to unsure fulfillment of their official duties should not be used for political activities. Government property should not generally be used for constituency work or party activities.
Comment: Unauthorised use of State property and resources should also apply to Ministers.
Gambling
Ministers, Members of Parliament and Public Office Holders must not engage in frequent or excessive gambling with persons who have business dealings with the Government as well as among colleagues, particularly with subordinates. If on social occasions where refusal of gambling (provided that the activity is legal) is considered unsociable, the amount of money involved should not be significant. Gambling in the Government’s premises, government venues, and locations where activities of the Government take place is strictly forbidden.
Comment: The Code appears to support gambling while at the same time seeks “to provide guidance on the values – the moral qualities…” Perhaps, it may be appropriate to remove this section from the Code.
Special advisors
All special advisors must uphold their responsibility to the government as a whole. The responsibility for the management and conduct of special advisors, including discipline, rests with the Minister who made the appointment.
Outside employment
Public Office Holders, who wish to take up paid outside work, including those on a part-time basis, must seek the written approval of the Government before accepting the job. Approval will not be given if the outside work is in conflict with the interest of the Government.
Compliance with the Code
It is the personal responsibility of every Minister, Members of Parliament and Public Office Holders to understand and comply with the Code of Conduct, in particular by conscientiously avoiding any conflict of interest, and making declaration and seeking prior permission from the Government in any case of exception. Any official or staff who violates any provision of the Code will be subject to disciplinary action, or termination of appointment/employment where warranted.
Members of the public may submit complaints to the Integrity Commission with respect to any perceived breaches of the Code.
