Time to get public service ethics right

There is a general perception that ethical standards in Sri Lankan public service are in serious decline. This raises the question about the cost of misconduct on the part of those who have been entrusted with guarding public interest and resources. These costs include the losses in trust and confidence in public institutions and losses in precious resources which were meant to support the economic and social development of the nation.

In his National Policy statement President Gotabaya Rajapaksa confirmed that a new ‘Code of Ethics’ will be introduced to ensure an independent public service. It is good thinking.

However, I believe the launch of a code of ethics should be just the beginning of the journey. Ongoing monitoring, training on its use and rewarding those who demonstrate ethical leadership are also required.

Our public service consists of around 1.2 million workers. It is a massive number of employees, comprising people with different political affiliations and different mentalities. Implementation of a code of ethics among such a diverse group will be a Herculean task – unless, of course, the Government finds a way to internalize them. For example, making them part of the Administrative Regulations. 

Only after codes are internalized and made credible by the actions and behaviour of public service officials, we can be happy it’s a successful operation.

The exact mechanisms of how it is done does not matter as long as the end result is a reinforcement of what the Public Service stands for, and as long as whatever mechanisms are put in place are actually used, monitored, evaluated and corrective action taken when necessary. 

Needless to say, if not properly internalised, a code of ethics will become just a piece of paper filed away for future references.

We should not forget that the integrity of public servants has a direct bearing on public perception of government credibility. Politically, that is the most important reason why the Government should pursue the introduction of Code of Ethics as early as possible. 

Citizen’s point of view

We expect a public servant to achieve three fundamental objectives: (1) manage public resources effectively and their usage properly accounted for, (2) will not use the public resources for partisan political purposes or for personal advantage, (3) maintain ethically high standard of conduct and behaviour right throughout.  

Given these public expectations, a public servant is expected to carry out his (or her) role with dedication and a commitment to the core values of the public service: integrity, honesty, objectivity and impartiality. Constitutional Reform and Governance Act 2010 of United Kingdom defines these four terms as follows; ‘integrity’ is putting the obligations of public service above the officer’s own personal interests, ‘honesty’ is being truthful and open, ‘objectivity’ is basing the officer’s advice and decisions on rigorous analysis of the evidence, and ‘impartiality’ is serving the government, whatever its political persuasion, to the best of the officer’s ability in a way which maintains political impartiality and is in line with the requirements of the code, no matter what the officer’s own political beliefs are.

These core values support good governance and ensure the achievement of the highest possible standards in all that the Public Service does.

Change

Sri Lanka inherited an impeccably professional public service from the British, but due to the political bungling of ruling parties of the past few decades and giving jobs for the favoured in the public service destabilised the entire system. This de-motivated the professionals from executing their respective mandates to the optimum.

The deterioration of the Public Service was swift and elemental; and the nation suffers until today from the fallout of the excesses of those decades.

Can we come out of this mess? Yes, we can. The key word of the solution is “change” and that means not only the mind-set and attitude of public servants but also work norms, systems. There is no magic potion to create that much needed change. All that is required is the willingness and the acceptance that something is amiss and that it should be addressed with an appropriate action plan. 

Neutrality 

Talking about political neutrality of senior public servants, some scholars have suggested that the concept of “neutrality” should not be taken literally. The public service is obliged to serve the government party, often against the interests of its opponents. 

Indeed, senior departmental officials have always been expected to take their policy lead from their political masters and to tailor their advice to the policy priorities of the Government of the day. Political neutrality, as usually understood, requires public servants to abstain from only that degree of partisanship which will compromise their capacity to serve alternative governments with equal loyalty. 

By convention, public servants tend to reserve their partisan advice for “policy” matters and to abstain from “party” matters, such as political campaigning, leaving the latter to political advisers who serve only the minister or government of the day. 

But the line is never clear-cut and professional public servants often engage in highly partisan activities, for instance, drafting speeches and letters defending government decisions and helping to prepare their ministers for the cut-and-thrust of parliamentary questions. Controls

Ethics in the public service can be created if all the various external bodies and forces which monitor and bring into the public gaze the operation of the public sector are strengthened and protected. There are the formal bodies such as the parliament, especially its committee system, offices and the opposition political parties. An independent judicial system is also vital along with a new administrative law system.

External to the public sector is the civil society and a web of interests and NGOs, who can employ their own experts to scrutinise public service behaviour and policy. There is a sceptical probing mass media, social media, the Internet, the web and the blogs. All these keep public opinion informed and help to bring pressure upon politicians, government and public servants. 

Independent bodies

In any democratic society there is a sense of what is right and wrong in the public service. There are principles which the citizen expects the public service to adhere to. The scrutiny of independent bodies with knowledge of the policy area and the ability to mobilise and inform public opinions is important to retain citizen trust in the ethics of the public sector. 

There is an internal audit and an external Auditor General, performance criteria, the management rules and regulations of the department and code of conduct are all under the departmental head. These procedures and processes can be important devices for maintaining ethics. 

Whistle blower legislation is also often considered an important means of ensuring transparency. Two years ago, a senior minister of the past Government confirmed that legislation to protect whistle-blowers of public and private finance will be introduced very soon.  Still we are waiting for it to happen. 

Guidelines

In addition to the proposed Code of Conduct, in the interest of sustaining a culture of honesty and integrity in the public service, this writer wishes to indicate a few additional guidelines effective for short and medium application. 

An investment in continuous education at all levels of the public sector, with an emphasis in matters dealing with moral and ethical values;

The promotion of seminars, meetings and roundtables to discuss different aspects of ethical conduct in the public service, including not only the executive but the legislative and the judicial branches as well;

The simplification and modernization of the legal framework dealing with ethics in the public service;

The creation of decentralized institutional mechanisms of complaint and control, such as a high-powered government appointee who investigates complaints by common citizens against the public sector officials.

World-class public services have a direct and lasting impact on people’s lives leading to healthier, safer and better educated population.  Delivering world class public services involves turning public expenditure into outcomes that citizens value. Improving public sector productivity – doing more with less – is the key way to deliver this challenge.