Yes minister, says State Services Commissioner

Last updated 18:01 14/11/2007

Another day, another inquiry that blames officials.

Today we received two lengthy reports on the Madeleine Setchell affair. She's the partner of National Party chief press secretary Kevin Taylor, who was head-hunted to head the Environment Ministy's communications unit only to be sacked after its chief executive belatedly discovered her relationship withTaylor.

The ministry's chief executive, Hugh Logan, made this discovery not through his own staff, who were already aware of Setchell's position since she had disclosed it in her job interview, but through a senior advisor in the office of David Benson-Pope, who was Environment Minister at the time.

In Logan's conversation with Benson-Pope over this, he was advised in "robust'' language that she was not welcome in his office, according to the reports issued today.

Amazingly, however, State Services Commissioner Mark Prebble found that Hugh Logan was to blame for Setchell's unfair dismissal - not Benson-Pope. According to Prebble, it's OK for ministers to express a personal view about public servants to their chief executives, as long as said chief executives do not base their employment decisions upon them.

Given that these chief executives report to their ministers and must deal with them on a daily basis, this is a little difficult to swallow. As is the Government's claim today that the civil service has not been politicised under Labour given another revelation in the reports - Agriculture Minister Jim Anderton also made his feelings known about Setchell's proposed employment in his ministry.

That's right, just weeks after Setchell lost her job at the MoE because of who she was sleeping with, she was turned down for employment at the Ministry of Agriculture and Forestry. Despite the acting comms manager recommending her for the post, the chief executive declined to employer her.

Interestingly, this followed a conversation with Anderton during which Anderton made it clear that while the decision was the chief executive's alone to make, were she to be employed Setchell "might be constantly vulnerable to suspicion and difficulties in her work'' because of her relationship with Taylor. 

Does Prebble hold Anderton to account for this? Nope. Such views were "within the normal range'' for a minister, and like Benson-Pope Anderton did not influence his chief executive, who made his own decision not to hire Setchell, Prebble found.

So what happens to the officials blamed instead? Hugh Logan has lost his performance bonus. Mark Prebble has docked himself 2.5% of his pay. The MAF chief executive received no censure. Anderton remains a minister. Benson-Pope is gone, but only because he misled the public about his role in the affair - not because of his intervention itself.  

As for Madeline Setchell, she lost her job and is now, it seems, persona non grata in at least parts of the public sector because of who she chooses as a partner.  As many speakers during a snap debate in Parliament this afternoon have noted, this is a slippery slope. New Zealand just isn't big enough to have the sort of politicised public service operated in countries such as the United States, where changes of governments lead to thousands of public servants losing their jobs.

As Prebble has pointed out today, conflicts of interest in the public service can and should be owned up to and managed appropriately. But it does appear that once again Labour ministers have left officials to dangle while overstepping the bounds of the traditionally neutral role played by the civil service. Yes, minister indeed.      

68 comments
pointer   #1   09:26 pm Nov 14 2007

Mark Prebble has let himself down in reaching unrealistic and unprincipled conclusions. Worse still, he has chosen not to defend the political independence of his public service chiefs against Ministers Benson-Pope and Anderton who were clearly seeking to direct operational decisions against a hapless individual.

It is time that Dr Prebble seriously reconsidered his position.

kiwibloke   #2   12:31 am Nov 15 2007

Good point pointer about Dr Prebble, who should go.

laurence   #3   11:40 am Nov 15 2007

All political parties are tribal to some extent, but in my experience, and I think it's the conventional wisdom, Labour people tend to be way more paranoid about outsiders than the Nats. Many of them are quite distrustful of bureaucrats. I don't know why. Maybe it's a survival of their marxist pasts, time in the industrial relations trenches or personality types that are attracted to left wing politics? The Nats in Government seem to be much more congenial when it comes to outsiders. That's not to say they don't have their fair share of know-it-alls, but as a rule they are much less bitter.

Murray   #4   12:03 pm Nov 15 2007

Ahhhh.... like, take for example the last National government, the Jenny Shipley National Government, laurence? So harmonious, tolerant and all-embracing, wasn't it? I must say! Distrust and suspicion were everywhere... society was so divided. And yes, they are tribal... the same old faces are still there....

Let's just say it was last century and forget about it.

"Fourth term for Helen", she deserves it.

bobux   #5   12:49 pm Nov 15 2007

And now, Murray, back to the topic of the post...

Is it OK for a Minister to demand a public servant be sacked because of who her partner's employer is? And is it OK for the Chief Executive of a department to meekly comply with such a request, despite advice from the State Services Commission that the conflicts on interest involved were manageable?

My answer is 'no' on both counts. Benson-Pope has already gone (for lying about his actions, rather than the actions themselves), but surely Hugh Logan's position is untenable.

His staff know he won't stand up to his minister on a key principle of the public service, and the SSC know he won't take advice. Being docked his performance bonus seems a very modest punishment indeed, given his lack of leadership.

Brownie   #6   01:51 pm Nov 15 2007

Oh, Muzza. Well done for being consistent. Will you still comment on the blogs should National win and Aunty H lose?

If she includes ministers of the calibre as Anderton and DBP with the backdrop of the EFB and Approp Bill as well as the illegitimate practices described in this post, she will get everything she deserves!

Ben   #7   02:01 pm Nov 15 2007

Ms Setchell's relationship is irrelevant to the whole issue. What is relevant is her professionalism. As a professional she would know not to discuss work matters with her partner in the same way that a doctor does not gossip about his patients to his wife.

Were Ms Setchell in her position unprofessional or unethical she could just as easily have damaged the Labour Minister, even were she to lead the life of a nun outside of work. It boils down to a matter of trust. Politicians time and again have demonstrated their own lack of ethics and morality in their dealings with the public. Politicians have been caught lying on numerous occasions. Politicians leak confidential information. Politicians blame others when things go wrong and take the credit when things go right. Politicians are the least trusted group in any poll on the subject. It is hardly surprising that they ascribe their own baser character defects to others.

Jayson Palmer   #8   02:16 pm Nov 15 2007

I heard an interview with Mark Prebble by Kathryn Ryan today and to me he typifies all that is wrong with government, public service types today. He sounded smarmy and self serving. He waffled and waffled saying a lot about nothing. He sounded patronizing and self serving. Is it to hard for people today to be honest and real without resorting to spin? Man, when will see real leaders with integrity in this country?

Rob   #9   03:02 pm Nov 15 2007

Girl meets new job, girl loses new job, girl gets to 'reconsider her career'. Same old, same old - Ministers can do nothing wrong, especially when Ministers cannot tell right from wrong. Time they all went.

eddie   #10   06:48 pm Nov 15 2007

Murray....care to give us your Labour thought process on the replacement of Setchell being a Labour lackey...rather damning in my view, but I'm sure you can rationalise the appointment, being a NON POLITICAL role, and the only failings of Setchell was she was living with a National Party affiliate, methinks it's gone from one extreme to the other, can I assume when (not if) National gets into power next year and they do not renew the new appointee's contract you will cry foul?....ohhh wait, they have no say on these NON POLITICAL appointments, sorry, my mistake!


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