PUBLIC POLICY ADVOCATES AND CONFLICTS OF INTEREST PREVENTION

Increasingly accountability and ethics are at the centre of governing agenda. Governments want to uphold the public trust to the highest standard and this responsibility falls uniquely on all public office holders. Conflict of interest law and post-employment code for public office holders is a critical component of accountable government. The objective is to provide guidance to all public office holders in the discharge of their official duties and responsibilities, and thereby to provide assurance to citizens that the government is acting in an accountable, ethical and transparent manner.

Based on this consideration and owing to the de facto close interaction between Public Policy Advocates and public office holders, we provide here below basic guidance for Public Policy Advocates both vis-à-vis the clients they represent and public office holders.

Regarding Clients

  1. A Public Policy Advocate should not continue or undertake representations that may create conflicts of interest without the informed consent of the client or potential client involved.
  2. A Public Policy Advocate should avoid advocating a position on an issue if the Public Policy Advocate is also representing another client on the same issue with a conflicting position.
  3. If a Public Policy Advocate’s work for one client on an issue may have a significant adverse impact on another client’s interests, the Public Policy Advocate should inform and obtain consent from the other client that may be adversely affected by the work even if the Public Policy Advocate is not representing the other client on the same issue.
  4. A Public Policy Advocate should disclose all potential conflicts of interest to the client or prospective client and discuss and resolve any conflict of interest promptly.
  5. A Public Policy Advocate should inform the client if any other person is receiving a direct or indirect referral or consulting fee from the Public Policy Advocate due to or in connection with the client’s work and the amount of such fee or payment.

Regarding Public Office Holders

A conflict of interest is a situation where an official has private interests which improperly influence or may improperly influence the performance of his or her official duties and responsibilities.

Conflicts of interest may be real, apparent or potential:

  • Real: where a direct conflict exists between current official duties and existing private interests;
  • Apparent: where it appears or could be perceived that private interests are improperly influencing the performance of official duties whether or not that is actually the case;
  • Potential: where private interests are not but could come into direct conflict with official duties.

A conflict of interest can be created by the presence of a tension between the public officer holder's duty to serve the public interest and his or her private interest or obligation created or facilitated by the Public Policy Advocate.

The determination of what constitutes an improper influence upon a public office holder must remain a question of fact in each case. Depending on the specific circumstances, a competing obligation or private interest could arise from factors such as, but not limited to:

  • the provision of a gift, an amount of money, a service, or property without an obligation to repay;
  • the use of property or money that is provided without charge or at less than its commercial value; and
  • political activities.

There are various factors to consider in assessing whether a Public Policy Advocate’s actions constitute a real or apparent conflict of interest. Those various factors include but are not limited to:

  1. Whether a Public Policy Advocate  proposed or undertook an action that can be reasonably seen as advancing the private interests of a public office holder;
  2. Whether an action proposed or undertaken by a Public Policy Advocate places the private interest and public duties of a public office holder in a possible conflict;
  3. Whether the action proposed or undertaken by the Public Policy Advocate can be reasonably seen as creating a tension between the personal obligation and public duties of a public office holder;
  4. Whether the action proposed or undertaken by the lobbyist can be reasonably seen as creating an obligation on the part of a public office holder to advance the interests of the Public Policy Advocate , his employer, or his client; and
  5. Whether the action proposed or undertaken by the Public Policy Advocate can be reasonably seen as creating a conflict, tension or obligation that could diminish public trust in the integrity, objectivity and impartiality of government decision-making.

In assessing whether an action constitutes or could be considered to be improper influence on a public office holder, Public Policy Advocates should consider the ethical responsibilities of public office holders, as well as the applicable codes of conduct for the public service, members of Parliament and Senators. This should aid Public Policy Advocates in determining whether the actions they undertake or propose to undertake could place the public office holder in a position of a real or apparent conflict of interest.

Public Policy Advocates should endeavour to conduct themselves in the highest ethical manner thus avoiding situations which could create a real or apparent conflict of interest for the public office holder.

In dealing with Public Policy Advocates, public office holders need to be aware of and manage any real or apparent conflicts of interest between their official duties and their relationships with Public Policy Advocates. This could include personal, financial or other interests in the organization the Public Policy Advocate is representing or some form of personal or social relationship with the Public Policy Advocate.

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