Committee Reports > List of Committees > Joint > 2003 > Committee on Finance and the Public Service > Report - Referral of Motion re the Draft Civil Service Code of Standards and Behaviour

Appendix A - Draft Civil Service Code of Standards and Behaviour:

CIVIL SERVICE CODE OF STANDARDS AND BEHAVIOUR

November 2000

MISSION OF THE CIVIL SERVICE

The mission of the Civil Service is the achievement of an excellent service for Government and the other institutions of State as well as for the public as citizens and users of public services, based on principles of integrity, impartiality, effectiveness, equity and accountability.

CONTENTS

Introduction

PART I - The Civil Service Code of Standards and Behaviour - An Overview

1. The Code in context

2. The requirements of the Code

3. Application of the Code

PART II - Standards Required of Civil Servants

Standards underpinning Service Delivery

4. Impartiality

5. Civil Servants and politics

6. Respect for the law

7. Disclosure of information

8. Dealings with the public

9. Criminal Convictions

Behaviour at Work

10. Attendance and performance

11. Regard for State Resources

12. Relations with colleagues

Standards of Integrity

13. Improper influence

14. Conflicts of interest

15. Disclosure of conflicts of interest

16. Gifts

17. Hospitality

18. Payment for work on behalf of outside bodies

19. Contracts with, purchases from or sales to Government Departments/Offices

20. Acceptance of outside appointments, and of consultancy engagement following

21. Outside Appointments Board

Introduction

The tradition of the civil service has been one of loyal and impartial service and of honesty and integrity in the service of the country. It involves serving the community. It is about helping to shape and support the development of our society, promoting economic and social growth and addressing inequality.

To work in the public service is to work for the common good. The traditional values of the public service - honesty, impartiality and integrity - are about serving this common good. They constitute the basis and reference point for all the official actions of civil servants.

A Code of Standards and Behaviour for the Irish Civil Service constitutes an important pillar of the Delivering Better Government Programme. The Human Resources Management Working Group, established under the Strategic Management Initiative, accorded a high priority to the development of a Code of Standards and Behaviour for the civil service when it commenced its deliberations in late 1996. The Code recognises explicitly that, within the major modernisation programme which is currently ongoing in the Irish Civil Service, there is a need to restate and promote core public service values so as to marry the best of the old with the new. New systems for providing quality customer service, for devolving responsibility, for managing performance, for using information technology are all posing challenges to existing policies and practices.

Other important changes to the Irish Civil Service are also being put in place. Changes to the regulatory environment and new Human Resource Management systems will also have a major impact on the way the civil service operates. To get the best from the new ways of doing business, they have to be grounded in a public service ethos which sets out clearly the standards expected and ways in which people will achieve them.

Against this background and to underpin the change process, an integrated approach to the values, standards and behaviour of civil servants is now being adopted through this Civil Service Code. The Code sets out a clear framework within which civil servants must work and the values which will continue to be upheld.

The Code sets out in a single document the principles which should govern the behaviour of civil servants and the values which the civil service wishes to espouse. It builds on the principles in “The Ombudsman’s Guide to Standards of Best Practice for Public Servants”. It is not intended to be an exhaustive list of guidelines for all possible eventualities. Individual departments and offices will wish to provide additional guidance as appropriate for their own staff relevant to their own particular circumstances.

PART ONE

The Civil Service Code of Standards and Behaviour An Overview

1. The Code in Context

Civil servants can be justly proud of the high standards of conduct which have characterised their service to the public over many years and enabled them to carry out the mission of the civil service. The Civil Service Code of Standards and behaviour is one important element of the overall framework within which all civil servants are expected to work in order to ensure that the Mission of the civil service is carried out effectively. It sets out the standards required of civil servants in the discharge of their duties. These standards of behaviour and these values are set in the context of a commitment to excellence and a high quality public service which strives to maintain high levels of performance and personal responsibility.

2. The Requirements of the Code

In the performance of their duties civil servants must:

(a)Maintain high standards in service delivery by:

•conscientiously, honestly and impartially serving the Government of

•always acting within the law; and

•performing their duties with efficiency, diligence and courtesy.

(b)Observe appropriate behaviour at work by:

•dealing with the public sympathetically, fairly and promptly; and

•treating their colleagues with respect.

(c)Maintain the highest standards of probity by:

•never seeking to use improper influence, in particular never seeking to use political influence to affect decisions concerning their official positions;

•abiding by guidelines in respect of offers of gifts or hospitality; and

•avoiding conflicts of interest.

3. Application of the Code

3.1The provisions of the Code apply to staff whether full-time or employed on an atypical basis (e.g. temporary or part-time). They also apply to staff on forms of special leave including career break except where rendered inappropriate by the context (e.g. rules relating to behaviour at work in the case of staff on career break). The requirements in relation to official secrecy will apply to former staff while requirements in relation to post-retirement/resignation employment will not apply to civil servants who retired prior to promulgation of this Code. The Code also applies to the posts of Government Press Secretary, Assistant Government Press Secretary, and Personal Assistants and Special Advisors, et al., in Offices of Minister and Ministers of State, with the exception of the provisions in relation to civil servants and politics.

3.2This Code forms part of the terms of employment of all civil servants who are expected to apply it at all times. A copy will be given to every staff member on entry to the civil service and they will be required to indicate in writing that they have received and read it. The Code will be circulated to all existing staff who will be required to sign a similar declaration. An opportunity will be given to staff to obtain clarification on any aspect of the Code. Staff induction courses will include instruction on the provisions of the Code. Breaches of the Code will constitute a breach of the terms of employment of a civil servant and may result in disciplinary action.

PART TWO

STANDARDS REQUIRED OF CIVIL SERVANTS

The detailed standards required of civil servants in the performance of their duties which arise as a consequence of the official position held by a civil servant during the course of his or her employment are set out in the following section. It also details specific requirements placed on certain civil servants following their retirement or resignation.

Standards Underpinning Service Delivery

The standards which underpin the general ethos of the civil service are set out below:

4. Impartiality

Civil servants in the performance of their official duties:

•must conscientiously serve the duly elected Government of the day and the other institutions of State; and

•should not display partiality whether as a result of personal or family ties or otherwise.

5. Civil Servants and Politics

5.1(a) Civil servants are not permitted to stand for election to either House of the Oireachtas or to the European Parliament. This restriction applies to all categories of staff.

(b)Civil servants in the craft and state industrial related grades¹ are free to engage in politics², subject to the general restriction in relation to parliamentary elections.

(c)Members of the clerical grades in the civil service and non-industrial civil servants in grades with salary maxima equal to or below the Clerical Officer maximum may apply for permission to engage in politics on the same basis as the staff referred to at (b). Officers employed on particular types of work may have their applications refused.

(d)All civil servants above clerical level are totally debarred from engaging in politics.³

5.2Civil servants in category (d) may not engage in public debate (e.g. letter writing to newspapers, contributions to television or radio programmes etc.) on politics, except when required to do so as part of their official duties. Civil servants in category (c) may do so only with the prior permission of their Department/Office. These provisions do not preclude publication by civil servants of material on public affairs in accordance with statute or where such publication was authorised by the Department/Office.

5.3The provisions of Paragraph 5 do not apply to the posts of Government Press Secretary, Assistant Government Press Secretary, and personal assistants and special advisers in offices of Ministers and Ministers of State.

6. Respect for the law

6.1The work of the civil service is carried out within a framework of law. It is the duty of civil servants to respect these legal constraints, in particular:

•never to act in a manner which they know, or suspect, is illegal or for which they have no legal authority; and

•to exercise any discretion conferred by law in a bona fide manner in accordance with the intentions of the statute.

6.2Civil servants who have doubts about the legality of a particular action which they are required to take in the course of their official duties should refer the matter to their superiors whose responsibility it is to issue a direction on the matter, following legal advice where necessary.

7. Disclosure of information

7.1All civil servants should ensure that they deal with queries from members of the public in an open and helpful way. Under the Freedom of Information Act 1997 ( FOI Act), members of the public enjoy a legal right of access to information held by Government Departments/Offices and other public bodies. This right is subject to certain limited exemptions. Arising from the FOI Act certain officers are given explicit responsibility for the provision of information to members of the public on foot of requests under the FOI Act.

7.2Particular care should be taken to safeguard information concerning the private affairs of members of the public or concerning the commercial affairs of companies or organisations which has been submitted in connection with official business on condition, or on the reasonable assumption, that it would remain confidential. The FOI Act recognises the importance of protecting such information in the normal course from third party access. Where exceptionally sensitive information of a personal, commercially sensitive or confidential nature is under consideration for release in the public interest, the FOI Act imposes a number of safeguards to ensure the rights of the person(s) concerned are fully respected.

7.3It remains a requirement under the Official Secrets Act 1963 that all civil servants, including those who are retired or on a career break, avoid improper disclosure of information gained in the course of their official work. For example, disclosure of information would be likely to be improper where a person has not been given responsibility to provide information to the public under the FOI, or is not otherwise authorised to do so. Civil servants should familiarise themselves with official guidance in this area which is available from Personnel Units and FOI Units.

8. Dealings with the public

8.1Civil servants should:

•always give their names to any member of the public with whom they are dealing, except where given a special exemption such as on security grounds;

•ensure that members of the public have their affairs dealt with sympathetically, efficiently and promptly; and

•ensure that members of the public are dealt with in a respectful manner.

8.2Civil servants should ensure that their standard of dress and personal appearance:

•is appropriate to their work environment;

•shows due consideration and respect for the public and the office held by them; and

•shows due consideration and respect for colleagues.

9. Criminal Convictions

A civil servant who is convicted of a criminal offence or given the benefit of the Probation Act when charged with a criminal offence must report that fact to his/her Personnel Officer. In certain circumstances, this could have implications for their official position. Such information will be treated in strict confidence and no record of it will be kept unless the information is considered relevant to the official position of the officer.

Behaviour at Work

10. Attendance and performance

Civil servants are required:

•to attend at work as required and not to absent themselves from duty without

•to comply with the terms of the sick leave regulations;

•at all times, to act in a manner consistent with the proper performance of the functions of their civil service position and with the maintenance of public confidence in such performance, including refraining from conduct (such as drug or alcohol abuse) which might impair work performance;⁴

•to ensure non-discriminatory language is used in all communications, both internal and external, including display material and documents in electronic form;

•not to engage in any outside business or occupation during their normal hours of duty (see paragraphs 14 and 18 below concerning business activities outside of normal working hours).

11. Regard for State Resources

Civil servants are required to:

•show all reasonable care for departmental property, resources and funds and not to use them, or permit their use, for unauthorised purposes⁵;

•incur no liability on the part of their employer without proper authorisation;

•ensure that expenses, such as travel and subsistence payments, are not unnecessarily incurred either by themselves or by staff reporting to them.

12. Relations with colleagues

12.1Civil servants should show due respect for their colleagues at work, including their values and beliefs. Civil servants should ensure that their behaviour does not endanger or cause distress to their colleagues or otherwise contribute to disruption in the workplace. Civil servants have a legal duty not to discriminate against colleagues on the basis of their gender, race, sexual orientation, membership of the traveller community, disability, age, marital status, family status and religious belief. Civil servants should support a positive working environment by observing and supporting the policy on harassment, sexual harassment and bullying.

Standards of Integrity

13. Improper influence

Civil servants are not allowed to:

•use their official positions to benefit themselves or others with whom they

•seek to influence decisions on matters pertaining to their official positions except through the established procedures (for example negotiating or grievance procedures) or in such other manner as the Head of the Department/Office may approve. In particular, civil servants must not use political influence to affect decisions concerning their official positions. Civil servants are not allowed to solicit, directly or indirectly, for personal concessions in their favour, except through normal civil service channels. Any breach of these rules may render a civil servant liable to disciplinary action.

14. Conflicts of interest

14.1Civil servants may not at any time engage in, or be connected with, any outside business or activity which would in any way conflict with the interests of their Departments/Offices, or be inconsistent with their official positions or tend to impair their usefulness as civil servants. For this reason civil servants intending to be engaged in or connected with any outside business or employment should inform their Personnel Section of such an intention. Whole-time civil servants whose duties are of a professional character (e.g. doctors, engineers, architects, veterinary surgeons, solicitors, etc.) must not engage in private practice in their professions. Any case in which the propriety of undertaking a particular business or occupation could reasonably be questioned by a member of the public should be referred by the civil servant concerned to the Head of the Department/Office.

14.2Civil servants must never seek to use confidential knowledge acquired in the performance, or as a result of, their official duties to benefit themselves, or others with whom they have personal, family or other ties. A civil servant who, in the course of his or her official duties, comes into contact with any matter affecting any commercial undertaking in which he or she has an interest, must immediately disclose the nature and extent of that interest to the Head of the Department/Office. Another civil servant should in the normal course, unless the Head of the Department/Office considers it unnecessary, be assigned to deal with the matter.

14.3A civil servant who experiences financial difficulties which may compromise, or be reasonably seen to compromise, him/her in the performance of his/her duties (e.g., through bankruptcy or insolvency or by incurring a significant liability to any person, financial institution or other body with whom s/he has official dealings) must report that fact to the Head of the Department/Office. Any such information shall be dealt with in the strictest confidence and the officer concerned will be offered such assistance as is available (for example through the Employee Assistance Service) to resolve his/her difficulties.

14.4A civil servant is not permitted to make representations on behalf of an outside association or organisation, either as an individual or as a member of a delegation, in relation to matters for which his/her Department/Office has responsibility except with the prior consent of the Head of his/her Department/Office.

15. Disclosure of Conflicts of Interest

15.1Civil servants who occupy positions which are “designated positions” for purposes of the Ethics in Public Office Act, 1995 have certain statutory obligations in relation to disclosure of interests. Those obligations are additional to any obligations which apply generally to civil servants under the provisions of this Code. It should be noted that all civil servants are required to observe the provisions of this Code, such as the provisions in relation to the acceptance of gifts, which are more stringent than corresponding statutory provisions.

15.2The positions in the civil service which have been designated for the purposes of the Act are contained in the Ethics in Public Office (Designated Positions in Public Bodies) Regulations 1996 [S.I. no. 57 of 1996]. In summary, established civil servants at Principal Officer level and upwards are affected by the provisions of the Act. The Act also applies to a range of less senior positions (e.g. posts dealing with contracts or in commercially sensitive areas), and to advisers who are appointed personally by Ministers, and who serve as unestablished civil servants for the length of their Minister’s tenure of office. Personnel Officers must notify an officer on taking up duty in a designated position of the obligations attaching to that duty.

15.3Civil servants should be furnished with a copy of the “Guidelines for Public Servants concerning the steps to be taken by them to assist compliance with the provisions of the Ethics in Public Office Act, 1995” published by the Public Offices Commission.

16. Gifts

16.1The receipt of gifts, as distinct from hospitality, by civil servants from those with whom they have official dealings must be governed by the highest standards. The overriding concern is that the actions of civil servants be above suspicion and not give rise to any conflict of interest, and that their dealings with commercial and other interests should bear the closest possible scrutiny.

16.2The following general guidelines provide a framework within which decisions in this area can be made or local rules formulated. Civil servants are expected to abide by these instructions and/or local rules derived from them. Departments/Offices are required to apply these rules on the receipt of gifts or to make local rules derived from them. These local rules should be consistent with the general guidelines contained in this section. For purposes of these provisions, the term “gift” includes any benefit (other than a benefit dealt with under paragraph 18 of the code) which is given to a civil servant free of charge or at less than its commercial price.

•Subject to any rules which the Head of the Department/Office may determine, an officer may accept and retain gifts of modest value (e.g. diaries, pens, etc.). Any gift of more significant value should be refused or, if such refusal would cause offence, should be handed over by the civil servant concerned to his/her Department/Office.

•A gift, other than a gift of modest value, given to a civil servant by virtue of his/her official relationship with the donor or his/her Department’s commercial dealings with the donor should be regarded as property of the Department/Office concerned. However, benefits under frequent flier schemes may be retained by individual civil servants in recognition of the fact that official travel is disruptive to the personal and family life.

•Particular care should be taken in relation to gifts from donors who stand to derive a personal or commercial benefit from their relationship with the Department/Office concerned.

•Cash or cash vouchers may not be accepted regardless of the amount.

•Civil servants may not solicit gifts, directly or indirectly.

•Civil servants may not approach any business with which they have contact through their official duties seeking sponsorship or support for any club, association, trade union or other organisation. Heads of Departments/Offices may apply discretion in the application of this rule to instances of very small patronage.

•Civil servants should not accept special facilities or discounts on private purchases from suppliers with whom they have official dealings.

16.3It should be noted that, under the Prevention of Corruption Acts 1889-1916 as amended by the Ethics in Public Office Act 1995, the corrupt giving of gifts to, or receipt of gifts by, civil servants is a criminal offence punishable by imprisonment or fine or both. The Acts provide that money, gifts or other consideration received by a civil servant from a person holding or seeking to obtain a contract from a Government Department/Office is deemed to have been received corruptly unless the contrary is proved.

17. Hospitality

17.1It is impossible to lay down hard and fast rules covering the acceptance of hospitality in all possible circumstances. The overriding concern is that the actions of civil servants be above suspicion and not give rise to any conflict of interest, and that their dealings with commercial and other interests should bear the closest possible scrutiny. It is accepted that civil servants should not be put in a position where they cannot accept what are regarded as normal courtesies in business relationships. That being said, in their contacts with outside organisations or persons, every care must be taken by civil servants to ensure that their acceptance of hospitality does not influence them, and could not reasonably be seen to influence them, in discharging their official functions.

17.2The following general guidelines provide a framework within which decisions in this area can be made or local rules formulated. Departments/Offices may apply these rules on hospitality or make local rules derived therefrom.

•All offers of hospitality from commercial interests which have had or might have contractual relations with the Department/Office of the civil servant to whom the offer is made must be reported by that civil servant to his/her manager for direction.

•No objection would normally be taken to the acceptance of what is regarded as routine hospitality, the most obvious example being a business lunch. What may be regarded as “routine” for this purpose will depend on a number of factors such as the value of the hospitality offered, the frequency of offers, whether there is an element of reciprocity and the circumstances in which it is offered (for example whether it is offered by a company to all its customers or is directed at specific customers or potential customers). Certain types of hospitality (for example involving travelling abroad or holiday weekends) should not be regarded as routine and should always be referred to the superiors of the civil servant for direction. Heads of Departments/Offices are recommended to issue guidelines to their own staff having regard to the offers of hospitality which are commonly made to staff in their Departments/Offices.

•Civil servants should not accept offers of hospitality which go beyond the routine practices referred to above, except where acceptance of such an offer can be clearly shown to be in the interest of the Department/Office and has been approved by the manager of the civil servant.

18. Payment for work on behalf of outside bodies

18.1It is not uncommon for civil servants to carry out tasks for which they receive payment or other benefit in kind on behalf of bodies other than their Departments/Offices, as a consequence of their official positions. While, in many instances, this practice does not give rise to problems, there are certain circumstances where difficulties may arise, such as where the task performed forms part of the official duties of a civil servant or is performed during normal working hours.

18.2All Departments/Offices should ensure that they have appropriate standards which have been clearly articulated to all staff. The standards should ensure that there is a consistent, appropriate and clear standard applied across a Department/Office in relation to the acceptance of payment or other benefit in kind for work carried out on behalf of other organisations. The following guidelines should provide a framework within which decisions in this area can be made or local rules formulated.

•Where because of his/her official position, a civil servant is invited to carry out work on behalf of an outside body, he/she shall notify his/her Personnel Officer in advance and may not seek or retain payment (other than appropriate travel and subsistence expenses) or other benefit in kind where the proposed activity is part of the civil servants duties. Where a payment is made, it should be surrendered to the Personnel Officer, who will lodge it to the Department’s account. Any benefit in kind should be returned to the body in question.

•A civil servant may accept a modest payment or benefit in kind if the task, while work related, is not an integral part of his official duties and if it is carried on outside of normal working hours.

•The question of whether or not a task is an integral part of a civil servants official duties may normally be determined by reference to the relevant work programmes. In case of doubt the civil servant should request his/her manager to determine if the task is an integral part of official duties.

•In cases where no payment or other compensation arises a small token gift may be accepted by a civil servant by way of recognition.

•Where a civil servant has any doubts concerning the acceptance of payment/compensation from bodies outside of the Department/Office, the matter should be referred to a manager for determination in accordance with the guidelines outlined above. If a civil servant is unhappy with the decision of a senior officer, they may appeal the matter to the Personnel Officer or the Head of the Department/Office as appropriate.

19. Contracts with, purchases from or sales to Government Departments/Offices

19.1A civil servant should not seek contracts with Government Departments or Offices for the supply of goods or services (other than for employment) either for his or her own benefit or for any partnership or company with which he or she has an involvement in his or her private capacity or on behalf of other persons or organisations.

19.2No Department/Office should knowingly undertake to contract for the supply of goods or services (other than for employment) with a civil servant or with any partnership or company with which a civil servant has an involvement in his or her private capacity.

19.3No purchase should be made from, and no sale made to, a civil servant, any partnership or company with which a civil servant has an involvement in his or her private capacity in respect of goods or services unless:

(a)the transaction is such as occurs in the ordinary course of business (e.g., the purchase of Government Supplies Agency publications or Savings Certificates); or

(b)sanction has been obtained from the Department/Office in which the transaction arises, following consultation with the Department/Office in which the civil servant is serving.

19.4A civil servant who enters into any undertaking, holds any outside interest or participates in any outside business affecting, or likely to affect, a State contract or the purchase or sale of State property must immediately disclose the nature and extent of his/her interest to the Head of the Department/Office. A civil servant should not accept a directorship (except as a nominee of a Minister) in any company holding a government contract for profit/personal gain.

19.5Civil servants shall not negotiate or arbitrate in any matter affecting a Government contract or the purchase from or sale of goods to the State where, in their private capacities, they are interested either as principals or as shareholders in a company being one of the principals in the matter under consideration.

20. Acceptance of outside appointments and of consultancy engagement following resignation or retirement

20.1These provisions are designed to foster a culture in which civil servants are aware of the potential for conflict of interest in accepting positions outside the civil service. It is important to declare to the appropriate authority (see paragraph 20.3) such potential conflicts of interest, in order to avoid any suspicion that the advice and decisions of a serving officer might be influenced by the hope or expectation of future employment with a particular firm or organisation. However, it is not the intention to place an unnecessary burden on civil servants in this regard and it is expected that these provisions will not affect the generality of former civil servants joining outside employment.

20.2Civil servants intending to be engaged in or connected with any outside business with whom they have official dealings should inform the appropriate authority, of such an intention. Civil servants who hold positions which are “designated positions” for purposes of the Ethics in Public Office Act, 1995 shall not, within twelve months of resigning or retiring from the service:

•accept an offer of appointment from an employer outside the civil service or

•accept an engagement in a particular consultancy project,

where the civil servant concerned believes that the nature and terms of such appointment or engagement could lead to a conflict of interest without first obtaining approval from the appropriate authority as outlined at 20.3. Even where the twelve months moratorium has elapsed, or where for other reasons approval is not required before taking up outside employment, officers must continue to observe the restrictions imposed by the Official Secrets Act, 1963 as amended by the Freedom of Information Act, 1997. These rules also apply to other persons (for example, advisors who are appointed personally by Ministers) designated under the Ethics in Public Office Act, 1995 and officers in grades below the pay level of Principal who, although not serving in a designated post at the time of their retirement/resignation, have served in such a post at any stage during the six months prior to their retirement/resignation. In such cases, the twelve month period in which these rules apply will be reckoned from the officer’s last day in the designated post.

20.3Civil servants, or former civil servants, who believe they are covered by the terms of 20.2. should make their applications as follows:

•below Assistant Secretary level should be made to the Head of the Department/Office in which they are serving, or last served before retirement or resignation.

•Officers at and above Assistant Secretary level, who are covered by 20.2 should make their applications to the Outside Appointments Board.

20.4Applications will be considered on the basis of identifying if a clear conflict of interest exists. Approval to take up an appointment or accept an engagement may either be unqualified or conditions may be attached.

20.5Failure to comply with restrictions arising under this section could be pursued by way of injunction.

21. Outside Appointments Board

21.1This Board, established by the Minister for Finance, will consist of the Secretary-General, Public Service Management and Development, in the Department of Finance, Secretary-General to the Government, and three other members, who will not be civil servants or former civil servants, one of whom will act as Chairman. The Board will set down guidelines for Civil Servants to assist them in deciding if they need apply for approval and will outline the detailed basis on which applications will be assessed.

21.2The Chairman of the Board shall report to Government on the performance of the Board, through the Minister for Finance, annually and may from time to time cause such other reports with respect to the Board’s functions to be submitted as he/she thinks fit.