PURPOSE AND APPLICATION

 

The primary role of the Commission for Standards in Public Life (the Commission) is to assist in the setting of the highest standards of integrity and competence in public life in order to ensure the prevention of corruption or conflicts of interests.  In so doing, the Commission, in accordance with s.9 of the Standards in Public Life Act (SPLA), adopts, upholds, promotes and undertakes to be bound by the seven core principles, known as the Nolan Principles, which form the basis of a universal standard of good governance and are set out in Schedule 2 of the SPLA.  This document is meant to serve as an addition to and not override or conflict with any legal or professional requirements specific to the remit of the [relevant board/commission].

Leadership

Persons in public life should promote and support these principles by leadership and example.

Selflessness

Persons in public life should take decisions solely in terms of the public interest. They should not do so in order to gain financial or other material benefits for themselves, their family or their friends.

Integrity

Persons in public life should not place themselves under any financial or other obligation to outside individuals or organisations that might seek to influence them in the performance of their official duties.

Objectivity

In carrying out public business, including making public appointments, awarding contracts, or recommending individuals for rewards and benefits, persons in public life should make choices on merit.

Accountability

Persons in public life are accountable for their decisions and actions to the public and must submit themselves to whatever scrutiny is appropriate to their office.

Openness

Persons in public life should be as open as possible about all the decisions and actions that they take. They should give reasons for their decisions when requested and restrict information only when the wider public interest clearly demands.

Honesty

Persons in public life have a duty to declare any private interests relating to their public duties and to take steps to resolve any conflicts arising in a way that protects the public interest.

ADDITIONAL REQUIREMENTS

Compliance with Laws, Policies, Procedures and Directives

Members shall act in accordance with all applicable laws and should comply with the spirit and intent of the law. Members shall not commit or condone an unethical or illegal act or invoke another to do so.

Members should be familiar with legislation, policies and directives that apply to their work and the work of the public body to which they serve in order to comply with or facilitate others’ compliance with applicable laws, policies, procedures and directives.

Members should recognize the public interest through consistency and predictability in the exercise of their decision-making authority by considering relevant facts and evidence as well as law and jurisprudence.

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Objectivity / Impartiality

Members should approach every proceeding and every issue arising in a proceeding with an open mind, and avoid doing or saying anything to cause any person to think otherwise. Members should be independent in decision-making.

Fairness / Courtesy

Members have an obligation to comply with procedural fairness and natural justice requirements and to act impartially in the conduct of proceedings, including in matters of law and Member attitude and demeanour.

Members should treat each person with dignity and respect and in a manner that builds trust.

Accessibility

Members should treat those who appear before this [relevant board/commission] fairly, and without favouritism. Members should be aware and respectful of social and cultural differences. In the course of their duties, they should act in a manner that promotes an appreciation of diversity.

Members must be sensitive to potential barriers to accessibility.

Members should conduct hearings or reviews such that those who appear before the [relevant board/commission] understand procedures and practices and can participate equally, whether or not they are represented.

Timeliness

Members should take all reasonable steps to ensure that proceedings [relevant board/commission] are held and concluded in a timely manner, avoiding unnecessary delays and cancellations of proceedings.

Decisions on matters brought before the [relevant board/commission] shall be made and provided to relevant parties as soon as practicable.

Quality and Consistency

Members should be fully prepared for a proceeding and ensure that proceedings are concluded in an orderly manner.

Optimum Cost

Members should ensure that proceedings are conducted as efficiently as without sacrificing fairness. Members should respect the use and treatment of public funds.

Collegiality

Members should foster a collegial working environment and conduct themselves in a manner that reinforces the integrity and professionalism of the [relevant board/commission] among appointees and with support staff. Members should conduct themselves in a manner that demonstrates respect for the views and opinions of colleagues. Members should not comment publicly on another member’s decision or conduct unless otherwise approved through an established policy.

Confidentiality

Members shall consider the privacy interests of individuals in the conduct of hearings and decisions, and act in accordance with applicable laws.

Members must maintain confidentiality in all matters relating to the [relevant board/commission] including discussions (oral and written), papers and reports, save as required to disclose the same by applicable law or as disclosed in accordance with protocols for communicating with the media.

Members must not disclose confidential information.

Members must not take advantage of confidential information obtained through official duties to obtain a personal benefit.


Members should follow agency protocols for communicating in the media and should not communicate with the media regarding any matter relating to the [relevant board/commission] unless otherwise established through policy.

The term "Confidential Information" means any information or material contained which is proprietary to [name of agent] whether or not owned by [name of agent].

 'Confidential Information' includes, without limitation, [name of agent] discussions (oral and written), papers and reports, and secrets, and extends to all knowledge and information relating to its business, business plans, goals and objectives, organization, and finances, save as required to disclose the same by applicable law or as disclosed in accordance with protocols for communicating with the media.  Confidential Information includes but is not limited to electronic data, documentation, processes, files and retention systems, due diligence documentation, internet, intranet, web pages, information, leads, names, addresses, web site domain names, software, hardware, backups, sources code, procedures, methods of operation, suppliers, customers, agents, agreements, business forms, trade secrets, insider information, everything similar in nature in this line of business and sources of any business which come into the knowledge of any Member during his or her term. Members must not disclose confidential information.

  The Member shall not leave the Confidential Information carelessly or negligently at any time. For the avoidance of doubt, the Member shall protect, conceal and keep secure the Confidential Information and at no time shall leave the Confidential Information unattended or at the risk of disclosure.

Remedies

 Any member who breaches this Code may be subject to remedial action, including possible legal action, or removal by the Governor or relevant appointing authority, as deemed fit by that appointing authority.