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

Public Service Ethics importance of the public service ethics regime importance of the public service ethics regime ethics and the context of the Sponsorship Scandal ethics and the context of the Sponsorship Scandal ethics and the Gomery Recommendations ethics and the Gomery Recommendations

Ethics and the Context of the Sponsorship Scandal “The problems in the administration of the Sponsorship initiatives were disturbing for two reasons: they revealed a breakdown of ethical standards, and they continued for so long without being stopped.” Gomery Report, Recommendations, 10. “The problems in the administration of the Sponsorship initiatives were disturbing for two reasons: they revealed a breakdown of ethical standards, and they continued for so long without being stopped.” Gomery Report, Recommendations, 10.

Ethics and the Context of the Sponsorship Scandal (According to Gomery) a breakdown of public service ethical standards a breakdown of public service ethical standards – adoption of private sector ethical standards

Ethics and the Context of the Sponsorship Scandal “One expert attributed the Sponsorship scanadal to excesses caused by what he called a “private business culture” or “entrepreneurialism” in the public service. This attitude has replaced a “public business” standards based on the public interest. In the Sponsorship Program, acccording to this theory, the Prime Minister and the Cabinet, with the best of intentions, encouraged the entrepreneurialism of certain public servants, who in turn stopped working for and by the rules of their department and cultviated relationships with private-sector sponsorship companies using a different set of rules and standards.” Gomery Report, Recommendations, 46. “One expert attributed the Sponsorship scanadal to excesses caused by what he called a “private business culture” or “entrepreneurialism” in the public service. This attitude has replaced a “public business” standards based on the public interest. In the Sponsorship Program, acccording to this theory, the Prime Minister and the Cabinet, with the best of intentions, encouraged the entrepreneurialism of certain public servants, who in turn stopped working for and by the rules of their department and cultviated relationships with private-sector sponsorship companies using a different set of rules and standards.” Gomery Report, Recommendations, 46.

Ethics and the Context of the Sponsorship Scandal (According to Gomery) a breakdown of public service ethical standards a breakdown of public service ethical standards – adoption of private sector ethics standards – individual self-interest of public servants

Ethics and the Context of the Sponsorship Scandal (According to Gomery) a breakdown of public service ethical standards a breakdown of public service ethical standards – adoption of private sector ethics standards – individual self-interest of public servants acceptance of political intereference acceptance of political intereference

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

Ethics and the Context of the Sponsorship Scandal (According to Gomery) a breakdown of public service ethical standards a breakdown of public service ethical standards – adoption of private sector ethics standards – individual self-interest of public servants acceptance of political intereference acceptance of political intereference emphasis on policy rather than management emphasis on policy rather than management

Ethics and the Context of the Sponsorship Scandal (According to Gomery) a breakdown of public service ethical standards a breakdown of public service ethical standards – adoption of private sector ethics standards – individual self-interest of public servants acceptance of political intereference acceptance of political intereference emphasis on policy rather than management emphasis on policy rather than management –“...the road to career advancement for aspiring public servants is in the policy advisory field...” (106)

Ethics and the Context of the Sponsorship Scandal (According to Gomery) a breakdown of public service ethical standards a breakdown of public service ethical standards – adoption of private sector ethics standards – individual self-interest of public servants acceptance of political intereference acceptance of political intereference emphasis on policy rather than management emphasis on policy rather than management failure to “speak truth to power” failure to “speak truth to power”

Ethics and the Context of the Sponsorship Scandal (According to Gomery) a breakdown of public service ethical standards a breakdown of public service ethical standards – adoption of private sector ethics standards – individual self-interest of public servants acceptance of political intereference acceptance of political intereference emphasis on policy rather than management emphasis on policy rather than management failure to “speak truth to power” failure to “speak truth to power” –esp. DM of PWGSC

Public Service Ethics importance of the public service ethics regime importance of the public service ethics regime ethics and the context of the Sponsorship Scandal ethics and the context of the Sponsorship Scandal ethics and the Gomery Recommendations ethics and the Gomery Recommendations

The Ethical Framework: Post- Sponsorship, Pre-Gomery The Tait Report, A Strong Foundation The Tait Report, A Strong Foundation

The Ethical Framework: Post- Sponsorship, Pre-Gomery Values and Ethics Code for the Public Service, 2003 Values and Ethics Code for the Public Service, 2003

Gomery Recommendations Re: Ethics Values and Ethics Code Values and Ethics Code – lengthy – public servants cannot easily relate to it – cannot be fully comprehended – does not define terms adequately (e.g. impartiality, loyalty, integrity) – does not provide guidance on how to determine the public interest in a specific situation – does not provide guidance on how to reconcile conflicting values on what basis does one determine how to reconcile conflicting values? on what basis does one determine how to reconcile conflicting values? –models of democracy!!!

Gomery Recommendations Re: Ethics Recommendation #2: The Government should adopt legislation to entrench into law a Public Service Charter. Recommendation #2: The Government should adopt legislation to entrench into law a Public Service Charter. short, simple statement of essential values short, simple statement of essential values will... will... –signal and symbolize strong political support for the Charter; –promote greater public, parliamentary and media discussion of, familiarity with and respect for Charter; –inform the public about the values for which public servants stand and their rights and responsibilities in relation to politicians; –provide a firm legal basis for promoting and requiring compliance.

Assessing the Gomery Ethics Recommendations improvement on Values and Ethics Code for the Public Service? improvement on Values and Ethics Code for the Public Service? a comparative assessment a comparative assessment

UK Civil Service Code “...revealingly, the introduction of the Code, while hailed as “Whitehall’s Cultural Revolution,” has in fact produced remarkably little change. Only six complaints have been forwarded to the Civil Service Commissioners in the seven years the Code has been in operation and, according to the head of the Civil Service Commission for the UK, “the Code has not seeped into the culture – it has not changed the way people behave or respond.” Sossin, Gomery Research Studies Volume 2, 61 “...revealingly, the introduction of the Code, while hailed as “Whitehall’s Cultural Revolution,” has in fact produced remarkably little change. Only six complaints have been forwarded to the Civil Service Commissioners in the seven years the Code has been in operation and, according to the head of the Civil Service Commission for the UK, “the Code has not seeped into the culture – it has not changed the way people behave or respond.” Sossin, Gomery Research Studies Volume 2, 61

Assessing the Gomery Ethics Recommendations improvement on Values and Ethics Code for the Public Service? improvement on Values and Ethics Code for the Public Service? a comparative assessment a comparative assessment the broader context – political leadership on values and ethics the broader context – political leadership on values 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 Spector Globe and Mail 6 Feb.2006

Political Leadership and Values and Ethics Conflict of Interest Code for Public Office Holders ( ) Conflict of Interest Code for Public Office Holders ( ) – applies to ministers but not to parliamentarians – not enshrined in law set by Prime Minister set by Prime Minister – administered by the Office of the Ethics Counsellor appointed by PM (at pleasure) appointed by PM (at pleasure) Bill C-4 Bill C-4 – Code of Conduct for Parliamentarians (March 2004) – created Ethics Commissioner appointed by Cabinet appointed 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 Act amendments under Federal Accountability Act