Oxford Conflict Interest Mar04

8/9/2019 Oxford Conflict Interest Mar04

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MANAGING CONFLICTS OF

INTEREST

Maintaining Public

Confidence


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WHYBOT

HER?

Should limited resources be devoted to

major cases of corruption?

Conflicts of interests are inevitable they

must be dealt with if the public is to have

faith in the system


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DEFINITION OF CONFLICT

OF INTEREST OECD definition:

A conflict of interest involves a conflictbetween the public duty and private

interests of a public official, in which the

public official has private-capacity interests

which could improperly influence theperformance of their official duties and

responsibilities


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Definitions continued (2)

Hong Kong ICAC:

when the private interests of a public official

compete or conflict with with the interests of thegovernment or the officials public duties.

private interests include the financial and other

interests of the official, his family, his personal

friends, clubs/groups to which he belongs and any

person to whom he owes a favour or is obligated.


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Definitions continued (3)

NSW Ombudsman:

The term conflict of interests refers to situations

where a conflict arises between a public duty andprivate interest which could influence the

performance of official duties and responsibilities

situations in which their private interests conflict

or might reasonably be perceivedto conflict with

their official duties.


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Identifying Conflicts of Interest Financial, economic and other interests

Debts and assets

Affiliations with companies and NGOs

Affiliations with political parties, trade

unions and professional associations

Obligations to community, family, religious

or ethnic groups


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Areas of special concern Public-private sector interface (eg

privatisation, corporatisation, acquisition)

Government procurement

Regulatory and inspectorial functions

Government contracting

Government employment and recruiting


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Does a conflict exist?

Definitions are ultimately of limited worth

Public perception is the key

Balance of reasonable conduct and

reasonable expectations

The Sunshine Test

System should place onus of proof on the

official


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Managing conflicts of interest Code of Conduct

Clear guidelines

Training and education

Organisational culture

of probity Disciplinary and other

actions


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Disciplinary and other actions

Divestment of the interest (or blind trusts)

Recusal of the official

Restriction of access

Transfer of the official

Re-arrangement of officials duties Resignation of official from private office

Resignation of official from public office


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Grey areas Inside information need systems to protect

commercially valuable information

Outside employment authorisation

procedures are best practice

Future employment when was it

negotiated? Is it in a related field?

Gifts nominal value? Ceremonial? Public?


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Gifts A good test is to follow the GIFT test

Genuine is the gift genuine appreciation?

Independent does acceptance compromise

independence?

Free is the gift free of any obligation in

return?

Transparent does it pass the sunshine test?


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An innovative idea Queensland Integrity Commissioner

The Queensland Integrity Commissioner is

an independent person who advises publicofficials on conflicts of interest. His role ispurely advisory. He has no investigative orenforcement powers.

Prevention is better than cure

Part-time office to keep costs down


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Useful websites

http://www.oecd.org/dataoecd/13/22/2957360.pdf

http://www.nswombudsman.nsw.gov.au/publicatio

ns/Publist_pdfs/fact%20sheets/PSA_FS3_Conflict.pd

http://www.icac.org.hk/eng/prevt/prev_tool_3.

http://www.integrity.qld.gov.au/html/ http://www.unodc.org/unodc/crime_convention_c

orruption.html


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Case Study 1

You are the key IT nerd in your Ministry. You

work on IT stuff all the time. A supplier

offers you a loan of a new computer so that

you can test it at home. You can keep it for

as long as you like. You are on a committeethat will determine purchasing of new

computer gear.What should you do?


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Case Study 2The Ministry messenger has the dedicated use

of a Ministry car. He is always on call. He

is a good guy and everyone likes him. He

performs all his official duties competently.

You find out that he is running personal

errands in the Ministry car during officehours when he is not performing official

duties. Do you report him?

Documents

Oxford Conflict Interest Mar04