The 'Welsh' Civil Service Code v Christopher Glamorganshire's Blog

Matt Wardman has been busy on my behalf digging up a version of the 'Welsh' Civil Service Code. We've both been wondering whether any of you readers of Welsh blogs remember the Christopher Glamorganshire blog. It was also known as 'Who Would be a Leader in a Wicked, Wicked World', or simply as 'Glamorganshire' according to some Welsh blogrolls.

If you have long memories (we are talking about over a year ago), how do you think it fares with the 'Welsh Code'? Did his blog break the rules? Was it near the mark? Is the Welsh Assembly Government's reaction an attempt to suppress blogging among its staff by nipping it in the bud?

In short, according to the BBC's source, was the blog "contrary to the civil service code" and "has the potential to cause an embarrassment to the Welsh Assembly Government", therefore breaking the code?

Over to you in the comments section.

The Welsh Civil Service Code

Civil Service Values
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.

N.B.

• The Welsh Assembly Government had no policy on blogging at the time and is now in the process of getting one published.

A Betsan by any other name would smell as sweet

Another Welsh blogger has taken to reporting about the fate of Christopher Glamorganshire, with more success than I when it comes to the latest gossip.

Betsan Powys' latest post covers what she's heard in "Free speech, huge bills?":

"If you were born in Cardiff, why didn't your parents call you Betsan South Glamorgan?"

A question endured in school over and again but now, of course, I know the answer. As Christopher Glamorgan has proven, it would have been too dangerous a name to adopt.

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.

Whether the case against him stands up or not has been a matter of some discussion in parts of the Welsh blogosphere (particularly here) already.

For what it's worth, this is what I know.

The latest suggestion is that his tribunal case is going ahead, that it's unlikely to be heard until next year but that it will be discussed in an internal meeting, presumably in government offices in Cathays Park, next week.

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".

The letter ends on what I'll call a blunt note: go ahead and we'll apply for a full costs order against you, one that covers all fees, charges, disbursements and expenses incurred by WAG.

Give in now and we won't.

Thanks for the hat-tip Betsan.

WAG and the Assembly Commission catching up with the times...eventually

There have been developments within the Assembly corridors in relation questions on blogging and social networking. Assembly Member and Welsh blogfather, Peter Black, has been asking the First Minister certain questions relating to 'principles for participation online'

Peter Black AM has received the following response from the First Minister:

Following the discussion on this blog and others following Miss Wagstaff's exclusion from Facebook at the beginning of August I have now had a reply to my question to the First Minister as to whether the UK Civil Service guidelines entitled 'principles for participation on-line' apply to employees of the Welsh Assembly Government.

In a letter to me Rhodri Morgan explains: 'All civil servants are subject to the requirements of the Civil Service Code. Separate Codes exist in Wales, Scotland and England reflecting the differing legal position of civil servants in relation to their respective ministerial accountability. A Welsh Assembly Government Civil Service Code was introduced in July 2007 reflecting the legal position of civil servants in relation to Welsh Ministers. The provisions within the Assembly Government Code are the same as those that apply to Whitehall Departments and other devolved administrations.The 'principles for participation on-line' are published by the Cabinet Office as guidance for all civil servants with reference to how they relate to the Civil Service Code. Work is underway to supplement the Assembly Government ICT Usage Policy with a social network and blogging policy to ensure that the principles are reflected in the new policy.'In other words, watch this space. I think some more questions need to be tabled on timescales.

In a more recent post, Peter Black reports that he has received more information on the matter, which demonstrates that the Assembly Government has finally woken up to the internet, but is still drowsy:

I reported a week ago that the Welsh Assembly Government are putting together a social network and blogging policy for its employees to reflect the UK Civil Service guidelines entitled 'principles for participation on-line'. I now have more information.

In an answer to a written question Rhodri Morgan tells me that 'the Social Networking and Blogging Policy is currently under development, the first draft is expected to be complete by 18 September 2008. Following completion of the draft, the policy will be put to consultation with Legal Services, Human Resources and Trade Union Side. The agreed period for consultations of this nature is eight weeks. Provided that further amendments are not required, the policy should be communicated to staff at the beginning of December.'

The Assembly Commission is also developing its own policy

.

This has no impact on me as I am not a servant of the State, but I did make me review my previous posts. Looking back over the last several months, it does bring some former discussions back to life...

.

Why was Christopher Glamorganshire sacked from the staff of the Welsh Assembly Government if no blogging policy was in existence?

I've recently reviewed the online media and there's still no mention of a tribunal, and little relevance in the argument of not abiding to the civil service code on either the UK government website or that of the Assembly Government.

.

I shouldn't admit to reading blogs while on holiday. Will have to write further on this when I return to blogging in the next two weeks.

Welsh Politics needs an Open Culture in the Welsh Assembly Government

Interesting new post from Matt Wardman which I think may be of interest to readers of this blog. Read for yourselves:

I had an exchange with Tom Watson MP, who launched the debate that lead to eventual creation of the Principles for Participation Online for Civil Servants, before my interview with Radio Wales.

In my first post, I said:

I wonder if I can get a statement from Tom Watson by 5:00pm that the Principles for Online Participation apply in Wales as well as England?

This article is to look at Tom’s reply and to ask a couple of questions about the Welsh Assembly Government.

Reply from Tom Watson
I asked:
Tom - can you confirm that Civil Service Principles for Participation Online apply in Wales? CS Code does. I’m on Radio later about CS blogs 03:36 PM August 04, 2008

Tom Replied:
Hi Matt, for civil servants employed by the UK government, yes. People employed by the Assembly have a separate code. That’s devolution. 04:28 PM August 04, 2008

Reading the Runes

Thanks, Tom, for a quick reply (another use for Twitter). So the facts are as follows:

1. The Welsh Assembly Government has adopted the UK Civil Service Code practically verbatim (Welsh Civil Service Code, UK Civil Service Code - both as at July 2008, both small PDF files). The “separate” code is roughly different in replacing “Westminster” with “Cardiff”.
2. The Principles for Participation Online are short and sweet.
   

I went into these differences in detail here.

The question then becomes:
The Principles for Participation Online have now been out for some time (since around June 19th), so why can’t they just be adopted straight into the system in Wales - as is already the precedent with the substantive Civil Service Code?

Taking Action
If I was an employee of the W.A.G. I’d be asking management for confirmation that the Principles for Participation Online apply. Who knows, they might say “Yes“.

If I was a blogging AM, I’d be thinking about asking a few questions to clarify the situation, and hopefully precipitate some action.

If I was an employee of part of the UK-wide Civil Service in Wales (DVLA, maybe?), I’d be informing my management that they applied - perhaps via a Union (or my blog!) if I was worried of being accused of being a tall poppy.

The Most Important Point
The Principles for Online Participation could represent a good step forward - as they allow a lot of leeway for local decision making. But I still think this is mainly about a change to a culture of encouraging political debate rather than stifling it.

The most important point is the last one I mentioned in the Radio discussion - at a time when the rhetoric is calling for more political participation, why are bloggers (who are doing just that) still getting chopped off at the knee? View it from a slightly different angle, and political (or professional) blogs by Civil Servants could be a triumph of open government. It would certainly beat winning a jar of bath salts in a prize draw for voting.

Another good start would be to unblock ALL blogs in ALL Civil Service establishments. Regulate reading during working hours - fine, but at lunchtime? Come on, boys and girls … let’s have some changes.

Live at 17:30 - Good Evening Wales: Welsh Blogging and Facebook

Unfortunately, I'm unavailable for comment, however, my old blogging friend Matt Wardman will be taking part in the radio programme, Good Evening Wales a little later today (just after 5:30) talking about Welsh Political Blogging by Civil Servants from the point of view of an “outsider”, as a result of the coverage he has been giving to the Christopher Glamorganshire case in Wales, and also the Civil Serf case before that.

Matt writes:

I expect to be talking about the difference in attitudes to political blogging by Civil Servants in England and Wales. I am told that Peter Black AM will be joining us.

I think this is the first time in my life that I will have been on the Radio with a real politician. Is that good or bad?

I wonder if I can get a statement from Tom Watson by 5:00pm that the Principles for Online Participation apply in Wales as well as England?

Farcebook
Good Evening Wales are doing this piece because a Welsh Political Blogger - Miss Wagstaff - has been thrown off Facebook because allegations had been made that she was running a “Fake Account”.

You can read the account here. The serious point was that they just swallowed the allegations hook, line and sinker and took action with even checking. That looks far too reminiscent of what many webhosts do in respond to letters alleging defamation for me to be comfortable with it.

As Miss W says, "Why not raise the question with me of the possibility of ‘real and fake names’ in the first instance - before deactivation."

Research Question
Anyway - do you know anyone else that this has happened to, since Facebook seem to be making more than a little of an arse of themselves on this one. The problem seems to be one of action taken on the basis of allegations with no fact checking. I’ve been digging for a few minutes and I have found:

Last December Facebook told Steve Webb MP that he was an imposter and deleted his account. That may be true of the new Lib Dem satellite tracking policy pretending not to be Big Brother, but I think I believe that Steve Webb MP is himself.

Valleys Mam has also had problems.

Does anybody know of any others that are interesting or amusing?

I note that Genghis Kahn has an account. Presumably he is impersonating Alistair Campbell.

Any more for any more?

Christopher Glamorganshire: Questions to be Answered

Assisting Matt Wardman in his quest (posted 15 July 2008):

This post is a repost of the questions that I am interested in finding anwers to in the case of Welsh blogger Christopher Glamorganshire, who was sacked from his job because of his blogging activity in autumn 2007.

I have reposted them for reference separate from the previous post where I did a full analysis.

The most intriguing and important point is how the “Welsh Civil Service Code” has lead to Christopher Glamorganshire being “dismissed for activities related to the Glamorganshire Blog that contravened the Civil Service Code”, while the English Civil Service Code is now complemented by the set of principles mentioned above, which were developed after an English Civil Servant blogger (Civil Serf) caused a debate online among bloggers lead by a Government Minister.

The two Civil Service codes are identical except for changes to reflect that Wales has a devolved assembly. These are my questions about the harsh managerial approach that appears to have been used by the Welsh Assembly Government:

1 - The approach is slightly out of kilter in a country where only this week Hazel Blears was talking about giving more leeway for Council Officers to participate in the political process.

2 - It won’t work in the long run anyway, other than to provide maximum embarrassment when “control not collaboration” fails.

3 - The devolved Labour-led administration in Wales is pursuing a policy at variance with that of the UK Labour Government in a matter where they are using a version of the “Civil Service Code” that can only be distinguished from the UK Government one with a magnifying glass and a lot of patience.

4 - One of the great problems of the age is political engagement. Why strangle relatively neutral political comment in your own backyard?

5 - There’s a great divide in culture symbolised by Offa’s Dyke here, and a difference in practice. Yet Human Rights legislation does not acknowledge that difference under Freedom of Expression.

6 - I think that this case highlights the point made by Dave Cole before, during and after the Principles for Online Participation were published - protecting the Employee’s Right to Blog is as important as protecting the Employer’s right to have employees blog responsibly.

Civil Servant blogging days may be numbered

A cheeky female civil servant blogger, who has been ridiculing Cabinet members including Gordon Brown and Alistair Darling, and taking the mickey out of civil service mandarins, right up to Cabinet secretary Gus O'Donnell, appears to have gone to ground after the Sunday Times reported that the hunt for her was on in Whitehall. Her blog, The Civil Serf, has been swiftly taken down.


The Serf, who has been blogging with impunity for four months, claimed to be a 33-year-old who was "just senior enough" in her department to allow her to know what's going on though "not senior enough to attract suspicion".

In a recent blog, she claimed that Alistair Darling was desperate to use his first Budget, coming up on Wednesday, to garner "a cheap headline" even if it meant announcing unaffordable new measures. "High up on the list will be both child poverty and incapability benefit," she wrote.

She nicknames Gordon Brown 'Velcro' because of the many negative stories that have stuck to him. But she reserves her sharpest barbs for Whitehall culture and personnel. "I've received a meeting request that probably deserves a mention in the Guinness Book of Records," she writes. "It is for something called the 'People Action Team' (don't ask) and it is scheduled to last a staggering seven hours... Truly there is no God."

She has also complained about drunken advances from the opposite sex. "Trapped" at a conference in Brighton, she wrote, "I was being chased about by some bloke from the Foreign Office who wouldn't listen to me saying I'm engaged - yuk!"

She also tells how her colleagues are frequently "under-utilised", saying: "I know two people within eight desks of me whose jobs could be deleted overnight with no discernible impact on our performance."

Because of various mentions of Peter Hain before he stood down as Work and Pensions Secretary, it is thought the culprit may work in that department. A source told the Sunday Times that while no one has yet been disciplined, there were suspicions about the blogger's identity.

Update 10 March 2008, 16:39

1. Civil servants to get blog and social networking advice (BBC link)
2. There's a curious comment on this post that suggests, "The first civil servant blogger to be sacked was in Wales, however, no one knows his/her name."