Ethics in the Public Service (Cont’d) November 21st, 2006.

Ethics in the Public ServiceEthics in the Public Service(Cont’d)(Cont’d)

November 21st, 2006November 21st, 2006

Public Service EthicsPublic Service Ethics

importance of the public service ethics importance of the public service ethics regimeregime

ethics and the context of the Sponsorship ethics and the context of the Sponsorship ScandalScandal

ethics and the Gomery Recommendationsethics and the Gomery Recommendations

Ethics and the Context of the Ethics and the Context of the Sponsorship ScandalSponsorship Scandal““The problems in the administration of the The problems in the administration of the

Sponsorship initiatives were disturbing for Sponsorship initiatives were disturbing for two reasons: they revealed two reasons: they revealed a breakdown of a breakdown of ethical standardsethical standards, and they continued for so , and they continued for so long without being stopped.”long without being stopped.”

Gomery Report, Gomery Report, RecommendationsRecommendations, 10., 10.

Ethics and the Context of the Ethics and the Context of the Sponsorship Scandal (According to Sponsorship Scandal (According to Gomery)Gomery)

a breakdown of public service ethical a breakdown of public service ethical standardsstandards– adoption of private sector ethical standardsadoption of private sector ethical standards

Ethics and the Context of the Ethics and the Context of the Sponsorship ScandalSponsorship Scandal

““One expert attributed the Sponsorship scanadal to One expert attributed the Sponsorship scanadal to excesses caused by what he called a “private business excesses caused by what he called a “private business culture” or “entrepreneurialism” in the public service. culture” or “entrepreneurialism” in the public service. This attitude has replaced a “public business” standards This attitude has replaced a “public business” standards based on the public interest. In the Sponsorship Program, based on the public interest. In the Sponsorship Program, acccording to this theory, the Prime Minister and the acccording to this theory, the Prime Minister and the Cabinet, with the best of intentions, encouraged the Cabinet, with the best of intentions, encouraged the entrepreneurialism of certain public servants, who in turn entrepreneurialism of certain public servants, who in turn stopped working for and by the rules of their department stopped working for and by the rules of their department and cultviated relationships with private-sector and cultviated relationships with private-sector sponsorship companies using a different set of rules and sponsorship companies using a different set of rules and standards.”standards.”

Gomery Report, Gomery Report, RecommendationsRecommendations, , 46.46.


a breakdown of public service ethical a breakdown of public service ethical standardsstandards– adoption of private sector ethics standardsadoption of private sector ethics standards– individual self-interest of public servantsindividual self-interest of public servants



acceptance of political intereferenceacceptance of political intereference

Ethics and the Context of the Ethics and the Context of the Sponsorship ScandalSponsorship Scandal

““One legal expert spoke of the Government One legal expert spoke of the Government advertising program as having no rules or direction, advertising program as having no rules or direction, suggesting that a ‘shift to a rule-of-law culture’ suggesting that a ‘shift to a rule-of-law culture’ would shelter advertising programs from corruption. would shelter advertising programs from corruption. Such a culture would shift the balance towards Such a culture would shift the balance towards public servants’ loyalty to the rules of the public public servants’ loyalty to the rules of the public service rather than to the wishes of their political service rather than to the wishes of their political superiors.”superiors.” Gomery Gomery Report, Report, RecommendationsRecommendations, 46., 46.



acceptance of political intereferenceacceptance of political intereference emphasis on policy rather than managementemphasis on policy rather than management



acceptance of political intereferenceacceptance of political intereference emphasis on policy rather than managementemphasis on policy rather than management

– ““...the road to career advancement for aspiring public ...the road to career advancement for aspiring public servants is in the policy advisory field...” (106)servants is in the policy advisory field...” (106)



acceptance of political intereferenceacceptance of political intereference emphasis on policy rather than managementemphasis on policy rather than management failure to “speak truth to power”failure to “speak truth to power”



acceptance of political intereferenceacceptance of political intereference emphasis on policy rather than managementemphasis on policy rather than management failure to “speak truth to power”failure to “speak truth to power”

– esp. DM of PWGSCesp. DM of PWGSC

Public Service EthicsPublic Service Ethics

importance of the public service ethics importance of the public service ethics regimeregime

ethics and the context of the Sponsorship ethics and the context of the Sponsorship ScandalScandal

ethics and the Gomery Recommendationsethics and the Gomery Recommendations

The Ethical Framework: Post-The Ethical Framework: Post-Sponsorship, Pre-GomerySponsorship, Pre-GomeryThe Tait Report, The Tait Report, A Strong FoundationA Strong Foundation

The Ethical Framework: Post-The Ethical Framework: Post-Sponsorship, Pre-GomerySponsorship, Pre-GomeryValues and Ethics Code for the Public Values and Ethics Code for the Public

Service, 2003Service, 2003

Gomery Recommendations Re: Gomery Recommendations Re: EthicsEthics Values and Ethics CodeValues and Ethics Code

– lengthylengthy– public servants cannot easily relate to itpublic servants cannot easily relate to it– cannot be fully comprehendedcannot be fully comprehended– does not define terms adequately (e.g. impartiality, loyalty, does not define terms adequately (e.g. impartiality, loyalty,

integrity)integrity)– does not provide guidance on how to determine the public does not provide guidance on how to determine the public

interest in a specific situationinterest in a specific situation– does not provide guidance on how to reconcile conflicting does not provide guidance on how to reconcile conflicting

valuesvalues on what basis does one determine how to reconcile conflicting on what basis does one determine how to reconcile conflicting

values?values?– models of democracy!!!models of democracy!!!

Gomery Recommendations Re: Gomery Recommendations Re: EthicsEthicsRecommendation #2: The Government should Recommendation #2: The Government should

adopt legislation to entrench into law a Public adopt legislation to entrench into law a Public Service Charter.Service Charter.

short, simple statement of essential valuesshort, simple statement of essential values will...will...

– signal and symbolize strong political support for the Charter;signal and symbolize strong political support for the Charter;– promote greater public, parliamentary and media discussion of, promote greater public, parliamentary and media discussion of,

familiarity with and respect for Charter;familiarity with and respect for Charter;– inform the public about the values for which public servants inform the public about the values for which public servants

stand and their rights and responsibilities in relation to stand and their rights and responsibilities in relation to politicians;politicians;

– provide a firm legal basis for promoting and requiring provide a firm legal basis for promoting and requiring compliance. compliance.

Assessing the Gomery Ethics Assessing the Gomery Ethics RecommendationsRecommendations improvement on improvement on Values and Ethics Code for the Values and Ethics Code for the

Public ServicePublic Service??a comparative assessmenta comparative assessment

UK Civil Service CodeUK Civil Service Code

““...revealingly, the introduction of the Code, while ...revealingly, the introduction of the Code, while hailed as “Whitehall’s Cultural Revolution,” has hailed as “Whitehall’s Cultural Revolution,” has in fact produced remarkably little change. Only in fact produced remarkably little change. Only six complaints have been forwarded to the Civil six complaints have been forwarded to the Civil Service Commissioners in the seven years the Service Commissioners in the seven years the Code has been in operation and, according to the Code has been in operation and, according to the head of the Civil Service Commission for the UK, head of the Civil Service Commission for the UK, “the “the CodeCode has not seeped into the culture – it has has not seeped into the culture – it has not changed the way people behave or respond.” not changed the way people behave or respond.”

Sossin, Gomery Research Studies Volume 2, 61Sossin, Gomery Research Studies Volume 2, 61

Assessing the Gomery Ethics Assessing the Gomery Ethics RecommendationsRecommendations improvement on improvement on Values and Ethics Code for the Values and Ethics Code for the

Public ServicePublic Service??a comparative assessmenta comparative assessment the broader context – political leadership on the broader context – political leadership on

values and ethicsvalues and ethics

“With his inside-Ottawa experience extending back to the early 1960s, Jean Chrétien knew how to exploit all the systemic weaknesses that Judge Gomery is now trying to correct. The former prime minister appreciated that few deputy ministers would jeopardize their careers, even if placed in an ethical dilemma when money was being dispensed without parliamentary scrutiny or program criteria. In a town besieged by fiscal restraint, he understood the value of a secret reserve — what one of Paul Martin's aides later described as his personal “honey pot.” And Mr. Chrétien was fully attuned to the mutually advantageous concept of plausible deniability that lies at the heart of the minister/deputy-minister bargain.”

Norman SpectorGlobe and Mail6 Feb.2006

Political Leadership and Values and Political Leadership and Values and EthicsEthics

Conflict of Interest Code for Public Office Holders (1994-2004)Conflict of Interest Code for Public Office Holders (1994-2004)– applies to ministers but not to parliamentariansapplies to ministers but not to parliamentarians– not enshrined in lawnot enshrined in law

set by Prime Ministerset by Prime Minister– administered by the Office of the Ethics Counselloradministered by the Office of the Ethics Counsellor

appointed by PM (at pleasure)appointed by PM (at pleasure)

Bill C-4Bill C-4– Code of Conduct for Parliamentarians (March 2004)Code of Conduct for Parliamentarians (March 2004)– created Ethics Commissionercreated Ethics Commissioner

appointed by Cabinetappointed by Cabinet serves 5 year term during good behaviour (may be removed for cause)serves 5 year term during good behaviour (may be removed for cause)

amendments under Federal Accountability Actamendments under Federal Accountability Act

Ethics in the Public Service (Cont’d) November 21st, 2006.

Documents

Transcript of Ethics in the Public Service (Cont’d) November 21st, 2006.