The Wardman Wire

Betsan Powys has an update to the Christopher Glamorganshire sacking (a pseudonymous blogger sacked in Autumn 2007 for “violating the Civil Service Code”).

Betsan has had sight of some letters and email, and says:

Who is Christopher? He is - or was - a civil servant of many years, employed by the Welsh Assembly Government and who was sacked as a result of publishing an anonymous blog.

Then (I have put direct quotes in bold):

Why was he sacked?

His thoughts on “Who would be a leader in a wicked, wicked world” drew the attention of someone in Cathays Park in July of last year. A flurry of confidential Emails started:

“This is the blog I mentioned earlier - reading it all and the profile places the individual in the Bay picking up plenty of insider stuff on WAG“.

The then Permanent Secretary, Sir Jon Shortridge, gets involved.

“The Permanent Secretary has asked me to check if any emails have gone out to this blog site (or if people apart from … have browsed). The site has contained some detail which may have links with leak enquiries“.

He was sacked and and as things stand is taking his case to tribunal, despite his union, the PCS, heeding advice they’ve been given that he has some mountain to climb, such a mountain, carrying the threat of such a big bill at the end, that they’ve decided he must climb it alone.

Solicitors acting for the government don’t mince their words. In letters I’ve had sight of they sum up the conclusions of the Employment Judge * (and bear in mind I’m quoting their own summing up here, not quotes from a transcript) like this:

the “claim has little reasonable prospect of success“, the blog was “contrary to the civil service code” and “has the potential to cause an embarrassment to the Welsh Assembly Government”, therefore breaking the code. Had ‘Christopher Glamorgan’ been guilty of “excessive internet abuse and potential copyright infringement” alone the judge seems to conclude that a final written warning would have been enough. However the blog, “the most serious of the issues”, means dismissal “would fall within the band of reasonable responses available to a reasonable employer”.

* “Employment Judge” is the new-fangled “diverse” name for Chairman/ Chairwomen of Employment Tribunals, introduced in the belief that it might make a difference.

My thoughts

• I have read the Welsh Civil Service Code, and it is hardly different from the English one. I have reproduced the code below (June 2007 edition) in all its 1063-word glory. I still can’t find anything that makes “causing potential embarrassment to the WAG” a sackable offence; that smacks to me of weeding out the wrong ‘uns before they cause a problem. I thought that in 2008 we punished people for what they did, rather than for what we thought they might do.
• I wonder if the statement “The site has contained some detail which may have links with leak enquiries” is very significant. Did it actually have any proven links? If not, then that is also punishment for something that Chris G was not proven to have done.
• If Christopher G violate confidentiality in a damaging manner etc. than I can see the problem (and I might even agree with the action) - but I have yet to see that that is the case.
• On the legal front it is Christopher’s call, but realpolitik says think at least twice before going against Union advice.
• I also note the statement at the end: “This Code does not cover HR management issues.”
• All of this underlines the point that I made some time ago:
• If you’re going to run an anonymous blog in a risky environment, then make damn sure that you cannot be traced: ideally don’t access it from work at all.
• Micheviously, I note that Betsan used to work for Panorama. Perhaps this is a suitable subject for a reprise.

below the fold I have the text of the Welsh Civil Service Code, 2007 Edition, taken from the WAG website, where the Terms and Conditions permit reproduction.

What do you think?

I hate to turn away traffic, but there will probably be a better conversation over at Miss Wagstaff’s place on this.

The Text of the Welsh Civil Service Code

1. The Civil Service is an integral and key part of the government of the United Kingdom(1). It supports the Government of the day in developing and implementing its policies, and in delivering public services. Civil servants are accountable to Ministers(2). They are in turn accountable to the National Assembly for Wales(3).

2. As a civil servant, you are appointed on merit on the basis of fair and open competition and are expected to carry out your role with dedication and a commitment to the Civil Service and its core values: integrity, honesty, objectivity and impartiality. In this Code:

• ‘integrity’ is putting the obligations of public service above your own personal interests;
• ‘honesty’ is being truthful and open;
• ‘objectivity’ is basing your advice and decisions on rigorous analysis of the evidence; and
• ‘impartiality’ is acting solely according to the merits of the case and serving equally well Governments of different political persuasions.’

3. These core values support good government and ensure the achievement of the highest possible standards in all that the Civil Service does. This in turn helps the Civil Service to gain and retain the respect of Ministers, the National Assembly for Wales, the public and its customers.

4. This Code(4) sets out the standards of behaviour expected of you and all other civil servants. These are based on the core values.

Standards of behaviour

Integrity

5. You must: fulfil your duties and obligations responsibly; always act in a way that is professional(5) and that deserves and retains the confidence of all those with whom you have dealings; make sure public money and other resources are used properly and efficiently; deal with the public and their affairs fairly, efficiently, promptly, effectively and sensitively, to the best of your ability; handle information as openly as possible within the legal framework; and comply with the law and uphold the administration of justice.

6. You must not: misuse your official position, for example by using information acquired in the course of your official duties to further your private interests or those of others; accept gifts or hospitality or receive other benefits from anyone which might reasonably be seen to compromise your personal judgement or integrity; or disclose official information without authority. This duty continues to apply after you leave the Civil Service.

Honesty

7. You must: set out the facts and relevant issues truthfully, and correct any errors as soon as possible; and use resources only for the authorised public purposes for which they are provided.

8. You must not: deceive or knowingly mislead Ministers, the National Assembly for Wales or others; or be influenced by improper pressures from others or the prospect of personal gain.

Objectivity

9. You must: provide information and advice, including advice to Ministers, on the basis of the evidence, and accurately present the options and facts; take decisions on the merits of the case; and take due account of expert and professional advice.

10. You must not: ignore inconvenient facts or relevant considerations when providing advice or making decisions; or frustrate the implementation of policies once decisions are taken by declining to take, or abstaining from, action which flows from those decisions. Impartiality

11. You must: carry out your responsibilities in a way that is fair, just and equitable and reflects the Civil Service commitment to equality and diversity.

12. You must not: act in a way that unjustifiably favours or discriminates against particular individuals or interests.

Political Impartiality

13. You must: serve the Government, whatever its political persuasion, to the best of your ability in a way which maintains political impartiality and is in line with the requirements of this Code, no matter what your own political beliefs are; act in a way which deserves and retains the confidence of Ministers, while at the same time ensuring that you will be able to establish the same relationship with those whom you may be required to serve in some future Government; and comply with any restrictions that have been laid down on your political activities.

14. You must not: act in a way that is determined by party political considerations, or use official resources for party political purposes; or allow your personal political views to determine any advice you give or your actions.

Rights and responsibilities

15. The Welsh Assembly Government has a duty to make you aware of this Code and its values. If you believe that you are being required to act in a way which conflicts with this Code, the Welsh Assembly Government will consider your concern, and make sure that you are not penalised for raising it.

16. If you have a concern, you should start by talking to your line manager or someone else in your line management chain. If for any reason you would find this difficult, you should raise the matter with the Welsh Assembly Government’s nominated officers who have been appointed to advise staff on the Code.

17 If you become aware of actions by others which you believe conflict with this Code you should report this to your line manager or someone else in your line management chain; alternatively you may wish to seek advice from your nominated officers. You should report evidence of criminal or unlawful activity to the police or other appropriate authorities.

18. If you have raised a matter covered in paragraphs 15 to 17, in accordance with the relevant procedures(6), and do not receive what you consider to be a reasonable response, you may report the matter to the Civil Service Commissioners7. The Commissioners will also consider taking a complaint direct.

Their address is:

3rd Floor, 35 Great Smith Street, London SW1P 3BQ. Tel: 020 7276 2613 email: ocsc@civilservicecommissioners.gov.uk If the matter cannot be resolved using the procedures set out above, and you feel you cannot carry out the instructions you have been given, you will have to resign from the Civil Service.

19. This Code is part of the contractual relationship between you and your employer. It sets out the high standards of behaviour expected of you which follow from your position in public and national life as a civil servant. You can take pride in living up to these values. June 2007

Notes

1. This Code applies to all Home civil servants who are members of staff of the Welsh Assembly Government. Other Home civil servants have their own versions of the Code. Similar Codes apply to the Northern Ireland Civil Service and the Diplomatic Service.

2. In this version of the Code, “Ministers” means the First Minister for Wales, the Welsh Ministers, Deputy Welsh Ministers and the Counsel General to the Welsh Assembly Government. The Counsel General to the Welsh Assembly Government may not be an Assembly Member but he/she may participate in Assembly proceedings.

3. Constitutionally, civil servants are servants of the Crown. The Crown’s executive powers are exercised by the UK Government on nondevolved matters and by the First Minister for Wales, the Welsh Ministers, Deputy Welsh Ministers, or the Counsel General to the Welsh Assembly Government on devolved matters in relation to Wales.

4. The respective responsibilities placed on the First Minister for Wales, the Welsh Ministers, Deputy Welsh Ministers and the Counsel General to the Welsh Assembly Government and special advisers in relation to the Civil Service are set out in their Codes of Conduct: www.wales.gov.uk/civilservicecode

5. This includes taking account of ethical standards governing particular professions.
6. The whistleblowing legislation (the Public Interest Disclosure Act 1998) may also apply in some circumstances. The Directory of Civil Service Guidance gives more information: www.wales.gov.uk/civilservicecode

7. The Civil Service Commissioners’ Appeals leaflet gives more information: www.civilservicecommissioners.gov.uk. This Code does not cover HR management issues.