Applicant Information Pack
Annex C - Probity and Conflicts of Interest: Guidance for Applicants
The Seven Principles Underpinning Public Life
In 1995, the Committee on Standards in Public Life defined seven principles, which should underpin the actions of all who serve the public in any way. These are:
Selflessness - Holders of public office should take decisions solely in terms of the public interest.
Integrity - Holders of public office should not place themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family or their friends. They must declare and resolve any interests and relationships.
Objectivity - Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.
Accountability - Holders of public office are accountable to the public for their decisions and actions and must submit themselves to scrutiny necessary to ensure this.
Openness - Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.
Honesty - Holders of public office should be truthful.
Leadership - Holders of public office should exhibit these principles in their own behaviour. They should actively promote and robustly support the principles and be willing to challenge poor behaviour wherever it occurs.
What is a conflict of interest?
Public Appointments require the highest standards of propriety, involving impartiality, integrity and objectivity, in relation to the stewardship of public funds and the oversight and management of all related activities. This means that any private, voluntary, charitable or political interest which might be material and relevant to the work of the body concerned should be declared.
There is always the possibility for real or perceived conflicts of interest to arise. Both are a problem, as the perceived inference of a conflict may, on occasions, be as damaging as the existence of a real conflict.
No-one should use, or give the appearance of using, their public position to further their private interests. This is an area of particular importance, as it is of considerable concern to the public and receives a lot of media attention. It is important, therefore, that you consider your circumstances when applying for a public appointment and identify any potential conflicts of interest, whether real or perceived.
Surely a perceived conflict is not a problem, as long as I act impartially at all times?
The integrity of the individual is not in question here. However, it is necessary for the standing of the individual and the organisation that members of the public have confidence in their independence and impartiality. Even a perceived conflict of interest can be extremely damaging to the body’s reputation and it is therefore essential that these are declared and explored, in the same way as an actual conflict would be. The fact that the individual acted impartially may be no defence against accusations of potential bias.
What should I do if I think I have a conflict of interest?
You will find a section on conflicts of interest in the application form for you to complete. This asks you to consider and declare whether or not you have a real, or perceived, conflict. If you are unsure if your circumstances constitute a possible conflict, you should still complete this section, in order to give the selection panel as much information as possible.
If I declare a conflict, does this mean I will not be considered for appointment?
No - each case is considered individually. If you are short-listed for interview, the selection panel will explore with you how far the conflict might affect your ability to contribute effectively and impartially to the Office and how this might be handled, if you were to be appointed. For example, it may be possible to arrange for you to step out of meetings where an issue is discussed, in which you have an interest. However, if, following the discussion with you, the selection panel believes that the conflict is too great and would call into question the probity of the Office or the appointment they can recommend the withdrawal of your application from the competition.
What happens if I do not declare a known conflict, which is then discovered by the Assembly after my appointment?
Again, each case would be considered on its merits, but a view may be taken that by not declaring a conflict of interest, you would be deemed to have breached the Seven Principles of Conduct Underpinning Public Life and may lead to the termination of your appointment.
What happens if I do not realise a potential conflict exists?
This situation may arise where the applicant is not familiar with the broad range of work which a body covers and therefore does not realise that a conflict might exist. In some cases, the selection panel, with their wider knowledge of the body, might deduce that there is a potential conflict issue, based on the information on employment and experience provided by the applicant in the application form. They will then explore this at interview with the applicant.
What happens if a conflict of interest arises after an appointment is made?
This could arise where an individual is unfamiliar with the range of the work of the body, but after appointment, it becomes clear that a conflict exists where none had been envisaged during the appointment process.
In both cases, the issue should be discussed with the Assembly Commission, to decide whether or not the individual can continue to carry out their role in an appropriate manner; each case is considered individually.
It may be that the conflict is such that it would be impractical for the individual to continue to hold the appointment, if they would have to withdraw from a considerable amount of the body’s routine business. In such cases, the individual may be asked to relinquish the appointment.
