Standards and behaviour

What is the Civil Service Code of Standards and Behaviour?

The Civil Service Code of Standards and Behaviour applies to civil servants and sets out the main principles which govern the behaviour of staff in a modernised Civil Service. It underpins the existing rules in many areas and introduces new rules governing gifts, hospitality and the acceptance of appointments outside the civil service.

Why do we need a Code?

Firstly, some of the existing rules governing standards and behaviour are contained in circulars that date back to the early years of the State. Some of those circulars are written in language that is not very intelligible to the modern reader. While not superseding the existing circulars, the Code sets out the main principles, standards and values for the Civil Service.

The Sub-Committee of the Public Accounts Committee, in its first report in relation to DIRT, recommended that the Department of Finance report back to the PAC on proposals to avoid any conflict of interest where officials leave the Civil Service to take up employment in the private sector. This matter is dealt with in sections 20 and 21 of the draft Code.

Finally, Section 10 of the Standards in Public Office Act 2001 provides for codes of conduct to be drawn up to guide the operations of members of the Oireachtas, Office Holders and other public service employees. This Code meets that obligation in respect of civil servants.

Who does the Code apply to?

The Code applies to all civil servants. However, the provisions in relation to civil servants and politics do not apply to the posts of Government Press Secretary, Assistant Government Press Secretary, and all Ministerial and Attorney General Private Office staff holding temporary unestablished positions and whose tenure is coterminous with that of the relevant Minister/Attorney General (e.g. personal assistants, special advisers, personal secretaries in offices of Ministers and civilian drivers of Ministers of State).

What types of issues does the Code cover?

The main features of the Code are set out below.

· Civil servants must be impartial in the performance of their duties.

· Civil servants are not permitted to stand for general or European elections. However, some civil servants (those in the craft and state industrial related grades and those in the clerical grades who have been given permission) are free to engage in political activity and stand for local elections.

· Civil servants must respect the constraints of the law.

· Under the Freedom of Information Acts 1997 to 2003, members of the public have a legal right to information held by Government departments and other public bodies. However, the requirement under the Official Secrets Act 1963 that civil servants avoid improper disclosure of information gained in the course of their work still applies.

· Civil servants must maintain high standards of service in all of their dealings with the public.

· Civil servants who are convicted of criminal offences, or given the benefit of the Probation Act when tried for a criminal offence, must report that fact to their Personnel Officer.

· Civil servants are required to attend at work as required and comply with the terms of sick leave regulations.

· Civil servants are required to have due regard for State resources.

· Civil servants should show due respect to their colleagues and respect their beliefs and values.

· The use of their official positions by civil servants to benefit themselves or others with whom they have personal or business ties is forbidden. Civil servants are also forbidden to seek to influence decisions on matters pertaining to their official positions other than through established procedures.

· Civil servants may not engage in outside business or activity which would in any way conflict with the interests of their Departments/Offices or impair them in carrying out their duties.

· Civil servants who occupy “designated” positions for the purposes of the Ethics in Public Office Acts have certain statutory obligations in relation to disclosure of interests. These obligations are additional to any obligations imposed by the Code.

· The receipt of gifts by civil servants from those with whom they have official dealings must be governed by the highest standards. Departments are required to apply the rules contained in the Code on the receipt of gifts or to make local rules.

· Within the general framework of guidelines set out in the Code, every care must be taken to ensure that (a) any acceptance of hospitality does not influence, or is not seen to influence, the discharging of official functions and (b) that there are clear and appropriate standards in place which have been notified to all staff in relation to payment for work on behalf of outside bodies.

· Civil servants must not seek contracts with government departments or offices for supply of goods or services whether for their own benefit or for the benefit of any company with which they may have an involvement in a private capacity.

· Civil servants who hold positions which are “designated” positions for the purposes of the Ethics in Public Office Acts shall not, within twelve months of resigning or retiring, accept an appointment, or particular consultancy project, where the Civil Servant concerned believes that the nature and terms of such appointment could lead to a conflict of interest or the perception of such, without first obtaining the approval of the Outside Appointments Board (in the case of officers at and above Assistant Secretary level) or senior management (in the case of officers below Assistant Secretary level) as appropriate.

Does the Code form part of civil servants’ terms and conditions of employment?
Yes. All circulars covering Personnel or Human Resource matters that are issued by the Department of Finance, on the direction of the Minister, form part of civil servants’ conditions of employment.

Will civil servants be the only public servants covered by a Code?
No. The Standards in Public Office Act 2001 provides for the development by the Government, the Commission or the Minister for Finance, of codes of conduct which will apply to Ministers, members of the Oireachtas and employees of public bodies respectively. It is likely that this Code will act as a template for other codes which may be introduced.