The article discusses the public interest and the principles and procedures to be followed by civil servants in the public interest. The concept of public interest has been described as being somewhat vague, although the basic principles are clear enough to guide officials in their decision-making processes. But if one looks at the cases of public interest litigations (PILs) which have come up in courts, the role of civil servants become quite evident; the decisions taken by them are very important to secure both fair and efficient administration.
What do you mean by Public Interest?
It is a principle that civil servants should pursue decisions, rules, or actions for the public good. It also means that when personal interests come into conflict with those of society, it’s best to put society first. Public Interest includes both broad general interests and more specific but still substantial community interests. In some cases, there may be no clear distinction between the two categories because what’s broadly in the public interest is often defined by what benefits specific communities within society at large.
What is the Main Objective of Public Interest?
The main objective of public interests is to uphold a high standard of professionalism and service, as well as promote excellent standards in the actions of all who work for it. It also aims at achieving equal opportunities for all, regardless of any physical or mental condition, family circumstance or religious beliefs. With this being said, it’s important that each employee upholds certain values such as impartiality and integrity. In turn, this will help maintain trustworthiness between the organisation and its citizens.
What are the Issues of Public Interest?
Public interest is a term used to refer to one of two different meanings, neither of which has legal status as a defined term. One sense concerns individuals or groups who may benefit from certain actions taken by governments or corporations, such as people with disabilities. The other sense is that of something that is being done for society as a whole, often when the governing body (a local council, for example) invests money for the common good without making a profit.
What are the Principles to be followed by Civil Servants in the Public Interest?
- Civil Servants shall not, while holding a position of responsibility and trust, take any action or permit any action to be taken which is likely to cause significant damage or substantial loss of profit to their employing Department or organisation.
- Civil Servants shall declare conflicts of interest, and discuss them with their senior authority before making decisions where there may be a conflict between their duties as Civil servants and private interests. They must avoid acting on those interests that might place themselves, their Department or other individuals at risk.
- They should also avoid using information obtained in their capacity as a Civil servant for personal gain or to advance the commercial interest of anyone else. If they have been found guilty of breaching these guidelines they will be removed from office and dealt with through an appropriate disciplinary process.
- The Civil Service Code can impose penalties such as salary reductions, fines and reprimands but more serious offences can lead to prison sentences.
- The Integrity Commission has been set up to help tackle corruption across the board in the government. It works to improve the ethical standards of all public officials and employees working in central and local government. All officials have obligations under the code to:
1) Show commitment to carrying out their work responsibly, effectively and impartially;
2) Make sure that nobody in one’s department misuses information obtained during their employment;
3) Avoid doing anything illegal or improper and do not allow their own interests to conflict with one’s duty as a public official.
What are the Procedures to be Followed by Civil Servants in the Public Interest?
- The procedures to be followed by civil servants in the public interest are provided for under the Public Servants Disclosure Protection Act. Section 3 of the Act deals with reporting requirements for a public servant when in a position to be aware of the misconduct. Section 4 provides directions on how to make a disclosure, with subsections that set out the procedures and timelines related to disclosures. Section 6 establishes an internal disclosure process and 7 sets out certain protections for the person making the disclosure. Section 8 is relevant to anyone who wants to investigate an allegation of wrongdoing or misconduct within government departments or agencies; it provides direction on conducting investigations and sets out what information should be disclosed as part of such investigations.
- The whistleblower legislation was created in response to a Supreme Court decision establishing a duty on public servants not only to refrain from disclosing confidential information but also to speak up where necessary. Such whistleblowers have been called saints or whistleblowers because they may suffer reprisals or dismissal after exposing corrupt behaviour.
- The Civil Service Commission has now put in place guidelines for dealing with such situations. These guidelines require departmental officials to establish clear and transparent policies that include procedural safeguards, grievance mechanisms, early warning systems and independent channels through which whistleblowers can raise concerns without fear of reprisal.
In conclusion, it is their responsibility as government officials to act only in the best interests of the people. They should also act with integrity and honesty at all times. As a civil servant, one will always remember that his/her first priority is to serve the public according to the law and in an impartial manner that does not give any person or group undue preference over another.