Commissioners' Code of Conduct
Commissioners' Code of Conduct
The Code of Practice for the Governance of State Bodies, issued by the Minister for Finance on the 3rd of October 2001, requires State bodies to produce a Code of Conduct for Board Members. Furthermore, the Ethics in Public Office legislation requires State bodies to ensure that all Board members observe the highest standards of business ethics. Section A of the revised Code of Practice for the Governance of State Bodies (June 2009) requires that a detailed written code (for both employees and board members) be available on request from the body's website. The original code of Conduct for members of the IHRC was first approved at its Plenary meeting in May 2005.
Purpose
This Code of Conduct applies when a person acts in a capacity as a member of the Commission. This includes attendance at Commission meetings, Committee meetings of the Commission, the giving of media interviews and at any time when representing the Commission.
The Standards in Public Office Commission, established by the Standards in Public Office Act, 2001, has described ethical behaviour in the following terms:
“A successful ethics regime is one which provides mechanisms whereby the sensitivities of political/public life can be handled, where competing interests can be reconciled and where individual legislators/executives can be guided in their difficult decisions by reference to the general principle that the public interest should always take precedence over the interests of the individual and, perhaps more importantly, over the interests of a political party whether in power or in opposition."
The objectives of this Code are to:
- establish an agreed set of ethical principles
- prevent the development or acceptance of unethical practices
- promote and maintain confidence and trust in the Irish Human Rights Commission.
This Code is based on the framework suggested in the publication "On Board - A Guide for Board Members of State Bodies in Ireland" which was published by the IPA with the Association of Chief Executives of State Agencies.
Principles
Commission Members are expected to adhere to the following fundamental principles:
Integrity
To disclose any outside employment or interest (including any interest of family members) in conflict or in potential conflict with the business of the Commission;
To commit to act both ethically and honestly in all dealings in his/her role as a member of the Commission;
To ensure that in a situation where the Commission considers any matter of potential conflict, that documents of any deliberations regarding interests should not be made available to the member concerned prior to a decision being taken.
To ensure that the Commissioner should absent himself/herself when the Commission is deliberating or deciding on matters in which that member (other than in his/her capacity as a member of the Commission) or a person or body connected with the member has an interest. In such cases a separate record (to which the Commissioner would not have access) should be maintained.
To ensure that in situation where a matter relating to the interests of the President arises, the President should depute another Director to chair the Board meeting and should absent himself/herself when the Board is deliberating or deciding on a matter in which the Chairperson or a person or body connected with the Chairperson has an interest.
To avoid giving or receiving corporate gifts, hospitality, preferential treatment or benefits which might affect or appear to affect the ability of the donor or recipient to make independent judgement as a member of the Commission. Any fee or payment for any speaking engagement or at any other function where a Commissioner attends in his/her capacity as a member of the Commission should only be accepted on behalf of the Commission and paid into the Commission's bank account. Ethics in Public Office guidelines should be followed at all times. To avoid the use of Commission resources or time for personal gain, for the benefit of persons /organisations unconnected with the Commission or its activities.
To complete Commissioners' "Register of Interests" document on an annual basis.
To consult the President where there may be doubts regarding disclosure requirements as set out above.
Information
To respect the confidentiality of sensitive information held by the Commission or discussed at plenary or Committee meetings. This would include personal information, information received in confidence and any other information sensitive to the reputation of the Commission;
To commit to observe appropriate prior consultation procedures with third parties where, exceptionally, it is proposed to release sensitive information in the public interest.
Loyalty & Obligations
To acknowledge responsibility to be loyal to the Irish Human Rights Commission and be fully committed to its activities and decisions;
To acknowledge the duty to conform to the highest standards of ethics;
To use all reasonable endeavours to attend all Commission meetings and meetings of Sub-Committees of the Commission of which he/she is a member.
To recognise obligations in relation to the non-disclosure of privileged or confidential information do not cease when membership in the Commission has ended.
To ensure compliance with the 2000 and 2001 Human Rights Commission Acts.
To return sensitive documents to the Executive and to return all documents in relation the Commission on completion of one's term.
Fairness
To commit to dealing fairly with all issues considered by the Commission and Committees of the Commission;
To commit to compliance with employment equality and equal status legislation and any and all IHRC workplace policies;
To value customers/clients/stakeholders and treat all equally.
Work Environment/External Environment
To place the highest priority on promoting and preserving the health and safety of employees;
To minimise any detrimental impact of the Commission's operations on the environment.
This document may be reviewed, as appropriate.