GOVERNMENT has released its draft Code of Conduct for Ministers, Members of Parliament (MPs) and other public officials, warning against excessive gambling and accepting big gifts, especially from suppliers who do business with the government. The Code of Conduct was one of the promises made during the elections campaign. Released by the Ministry of the Presidency on Friday, the code is geared to assist ministers and MPs and public office holders in the discharge of their obligations to their constituents and the public at large.
According to the document, it provides guidance on the values – the moral qualities – that should govern the conduct of ministers and members in discharging their parliamentary and public duties. It is also meant to reinforce public confidence in the way in which ministers and public office holders perform those duties. According to the document, ministers by virtue of the oath or affirmation of allegiance taken when they are elected, have a duty to be faithful and bear true allegiance to the Cooperative Republic of Guyana, according to law.
“Public office holders are duty-bound by this code in all aspects of their public life. This code does not seek to regulate the conduct of public office holders in their private and personal lives. Public office holders have a duty to uphold the law, including the general law against discrimination and sexual harassment, and to act with propriety on all occasions in accordance with the public trust and confidence placed in them. Public office holders have a general duty to act in the interests of the nation as a whole and owe a special duty of care to their constituents, and citizens.” The Code of Conduct according to the document is underpinned by 10 principles: accountability, dignity, diligence, duty, honour, integrity, loyalty, objectivity, responsibility and transparency.
Moreover, the code addressed one of the sore issues of officials accepting gifts, noting that the acceptance of gifts and other forms of reward worth more than $10,000 by ministers, MPs and public office holders in their official capacity, shall be reported to the Integrity Commission. Ministers, MP and public office holders should consider declining such gratuities if the acceptance of same could be perceived to have an effect on their objectivity and lead to complaints of bias or impropriety.
The code added that a conflict-of-interest situation arises when the “private interests” of the public office holder compete or conflict with the interests of the State. “Private interests” mean both the financial and personal interests of the official and staff or those of their connections, including: family and other relations; personal friends; other companies or business interests which they hold or own (both in part or in whole); other clubs and societies to which they belong; and any person to whom they owe a favour or are obligated in any way.
Additionally, according to the code, ministers, MPs and public office holders should avoid using their official positions or transmitting any information made available to them in the course of their duty to benefit themselves, their relations or any other individual with whom they are associated.
“They should avoid compromising themselves or their office[s] which may lead to an actual or perceived conflict of interest. Failure to avoid or declare any conflict of interest may give rise to criticism of favouritism, abuse of authority or even allegations of corruption. In particular, ministers, MPs and public office holders involved in the procurement process should declare conflict of interest if they are closely related to, or have, or will likely be perceived to have, beneficial interest in any company or transaction that would result in the award for the supplies of goods and services to the state,” the Code of Conduct outlined.
Entertainment
Additionally, although entertainment is an acceptable form of business and social behaviour, ministers, MPs and public office holders must not accept lavish or frequent entertainment from persons with whom the government has official dealings (e.g. suppliers or contractors, clubs/persons to which the State may allocate resources or job assignments), so that they will not be placed in a position of obligation to the other party. The code said officials and staff who misuse their office for personal gain or to favour their relatives or friends or to benefit their business connections are liable for disciplinary action by the government or even prosecution by the State.
“Examples of misuse include an official or a staff member responsible for the selection of suppliers giving undue favour or leaking tender information to his own or his relative’s company with a view to awarding the contract to the latter, or placing it in an advantageous position ahead of other competitive bidders. Other examples include the unfair allocation of resources (eg venue) to other parties for personal gain.”
Classified information
Moreover, the Code of Conduct stipulates that officials and staff are not allowed to disclose any classified or proprietary information to anyone without prior authorisation by the government.
“Officials and staff who have access to or are in control of such information should at all times provide adequate safeguards to prevent its abuse or misuse. Examples of misuse include disclosure of information in return for monetary rewards, or use of information for personal interest or business benefit. It should also be noted that unauthorised disclosure of any personal data may result in a breach of the personal data.”
Regarding State property, the code said that officials and staff given access to any property or other resources of or acquired by the government (such as vehicles) should ensure that it is properly used solely for the purpose of conducting the government’s business. “Misappropriation or unauthorised use of such property or resources, such as for personal use or personal gain (eg resale or unauthorised leasing), is strictly prohibited.” Besides, the code states that facilities provided to ministers, MPs and public office holders at government expense to ensure fulfilment of their official duties should not be used for political activities.
“Government property should not generally be used for constituency work or party activities.”
Gambling
On the issue of gambling, the code said that ministers, MPs and public office holders must not engage in frequent or excessive gambling with persons who have business dealings with the government as well as among colleagues, particularly with subordinates.
“If on social occasions where gambling (provided that the activity is legal) is considered unsociable, the amount of money involved should not be significant. Gambling in the government’s premises, government venues, and locations where activities of the government take place is strictly forbidden.”
All special advisers must uphold their responsibility to the government as a whole. The responsibility for the management and conduct of special advisers, including discipline, rests with the minister who made the appointment. Further, public office holders, who wish to take up paid outside work, including those on a part-time basis, must seek the written approval of the government before accepting the job.
Approval will not be given if the outside work is in conflict with the interest of the government. “Any official or staff who violates any provision of the code will be subject to disciplinary action, or termination of appointment/employment where warranted,” the document stated.