oxford conflict interest mar04
TRANSCRIPT
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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?