Propriety and EthicsThis information is being maintained for archive/historical purposes. |
1. This note provides guidance on the work of the Government Information Service and other officials directly involved in similar tasks, including the presentation of Government policy and information through relations with the media, publicity and advertising. It is specifically intended for the use of Government Information Officers and others involved in Government information services.
2. The basic conventions, which successive Governments have applied to Government Information Services, require that these activities:
3. Although methods of communication continuously change and develop (e.g. the growth of Government Department Internet websites) and Governments increasingly put out more information about their policies and activities, the basic conventions have remained. They are in general terms, but have in practice provided an adequate basis for the exercise of judgement in individual cases. The following paragraphs amplify the conventions.
4. It is right and proper for Governments to use Civil Service Information Officers and public funds and resources to explain their policies and to inform the public of the Government services available to them, and of their rights and liabilities, whether through direct contacts with the media or by means of publications, publicity or advertising and any public inquiry unit. These resources may not, however, be used to support publicity for Party political purposes: this rule governs not only decisions about what may or may not be published, but also the content, style and distribution of what is published. This basic rule covering all Government information services has been accepted under successive Administrations.
5. The conventions apply to the day-to-day activities of Information Officers in dealing with the press and media, and to both "paid" and "unpaid" publicity. Paid publicity includes paid advertising in the press, on radio and on television, Government-produced or sponsored software and video material, leaflet campaigns, material placed on the Internet, exhibitions etc. "Unpaid" publicity includes papers presented to Parliament as White and Green papers, and other consultation documents which are sold to the public; press notices; public inquiry unit and other official briefing material (all of which may nevertheless involve some cost to public funds through Civil Service costs) and printed and other information which carries Government support but which may be paid for or sponsored by a third party.
6. "Subject matter should be relevant to Government responsibilities". The specific matters dealt with should be ones in which Government has direct and substantial responsibilities. It is proper and necessary that the Government should explain and justify its policies and decisions, and when necessary inform, advise, alert or warn the public.
7. "Should be objective and explanatory, not tendentious or polemical". The treatment of information should be as objective as possible. While such information will acknowledge the part played by individual Ministers of the Government, personalisation of issues or personal image-making should be avoided. Government information or publicity activities should always be directed at informing the public, even where it also has the objective of influencing the behaviour of individuals or particular groups (for example "don't drink and drive", other health and safety and consumer protection messages).
8. "Should not be, or be liable to misrepresentation as being, Party political". It is entirely proper to present and describe the policies of a Minister, and to put forward the Minister's justification in defence of them, and this may have the effect of advancing the aims of the political Party in Government. It is not, however, proper to justify or defend those policies in Party political terms, to use political slogans, expressly to advocate policies as those of a particular political Party or directly attack (though it may be necessary to respond to in specific terms) policies and opinions of Opposition Parties and groups. It is possible that a well-founded publicity campaign can create political credit for the Party in Government. But this must not be the primary or a significant purpose of Government information or publicity activities paid for from public funds.
9. "Should be conducted in an economic and appropriate way, having regard to the need to be able to justify the costs as expenditure of public funds". The Government is accountable to Parliament for the use it makes of Civil Service staff or other public resources or expenditure. The Accounting Officer for the Vote concerned has a particular responsibility to the Public Accounts Committee for the propriety of using public resources for these purposes as well as for the economy, efficiency and effectiveness of their use. The resources employed should be proportional to the objectives or policy of the programme involved and justifiable on value for money grounds.
Government publicity (and especially advertising) campaigns have to compete for attention with other publicity. To be effective they need to be professionally presented in such a way as to register a clear message with the public. They should also impress upon the public, that the Government is taking pains over the presentation of the facts and its message. Shabby and ill–thought–out presentation can be as much a waste of public funds as the extravagant use of resources. It would, however, be counter–productive if the level of spending on a publicity campaign impeded the communication of the message it is intended to convey, by itself becoming a controversial issue. To pass the test of acceptability, Government publicity should always strike a balance in spending on often expensive modern communication techniques.
10. Civil Service Information Officers are at all times bound by the provisions of the Civil Service Code, and the conventions described above are consonant with the Code. In particular:
The Press Office day-to-day relations with the media
11. The Code provisions cited above may create particular dilemmas for Information Officers in Department Press Offices. Press Officers have individually to establish a position with the media whereby it is understood that they stand apart from the Party political battle, but are there to assist the media to understand the policies of the Government of the day.
12. In carrying out their duties, Press Officers will have in mind three particular areas of judgement:
i. Decisions taken by Ministers in exercise of their statutory responsibilities which directly affect individuals or groups must be handled with particular care to secure an impartial and objective presentation of the case and to avoid inaccuracy, inconsistency or bias. It should be done in a way to prevent any accusation of political considerations in the decision making process. On such occasions Press Officers, no less than other civil servants, will have regard to guidance on judicial review set out in "The Judge Over Your Shoulder";
ii. Ministerial speeches or statements may include material of a Party political nature, or an attack on political opponents. Issuing such material as an official text could render the Minister and officials open to the charge of using taxpayers' money for Party political purposes. In such cases, either the Party political passages would need to be omitted from any official press notice, or equivalent publicity, or the text would need to be put out through the Party political machine. Speeches made at Party occasions should not normally be published through Departments but Departmental content may be made separately available;
iii. A Minister is entitled to use the Press Office to ensure that Government policy and actions are explained and presented in a positive light, and that the best possible opportunity is taken to convey his or her message to the public through the media. This must be done in furtherance of the Government's activities rather than building the image of a Minister. Where any personal or private matters arise in the course of, or as a direct result of, the Minister's official duties, it is in order, if the Minister wishes it, for Press Officers to handle reasonable enquiries about personal items.
13. The Government may, consistent with the conventions described above, use a variety of forms of publications, unpaid publicity and paid advertising to achieve its objectives.
14. For example, in the case of new policy proposals, the main forum for the presentation and discussion of Government policies is Parliament. Major policy proposals are usually presented to Parliament as Command Papers which are sold to the public. Other proposals on which comments are invited may be set out in less formal documents in printed form. These are sometimes priced and sometimes provided free of charge. This may also be provided over the Internet and by other new media. They are deposited in the Libraries of the House of Lords and House of Commons at the time of publication and may be sent unsolicited to those with a known interest in the subject (but not, as a rule to the general public, although copies may be provided to anyone on request). The public will also get information free of charge through the official information machinery (departmental Press Offices and the Central Office of Information) by means of press notices or other briefing.
15. Command Papers, consultative documents, official press notices and briefing material may well cover matters which are subject to Party political controversy. Such material will set out what the Government is doing and what it wants to achieve. But content, tone and presentation should follow the conventions set out above. The emphasis is on exposition and the arguments.
16. Public funds have been used in recent years to supplement this kind of "unpaid" publicity in two ways:
17. Both kinds of publicity may be criticised, and presentation and handling are therefore looked at particularly carefully. They are usually written in a more accessible style than the traditional Government papers which they supplement. But, like them, they must follow the conventions on content and presentation. The emphasis is on facts and on explanation rather than on the political merits of the proposals. And titles are carefully chosen to be as neutral as possible, for example, "After the GLC", "Rail Privatisation and the BR Passenger", etc.
18. The justification for such publicity is that it enables the Government to inform and to explain its policies and the reasons for them to the general public in a cost-effective way, in circumstances where the traditional means of exposition (statements in Parliament and press notices) may not be sufficient for the purpose. There should be a reasonable relation between the cost of the publication and the likely cost to public funds in terms of enquiries from the public etc if it were not produced. The extra costs of printing the material (as distinct from simply photocopying it) must also be justifiable.
Explanation and discussion of existing policies
19. The same general conventions apply to publicity for existing policies. Paid publicity may be used where the Government believes that a direct approach to the public is needed to give more information about particular issues and policies or to clear up misconceptions. Examples include leaflets explaining Schools policy (1992), Personal Pensions (1994), Open Government (1996) and a variety of departmental reports.
20. In such cases subject matter, presentation and handling are again crucial, particularly when publicity deals with issues on which there is no consensus. The presentation of arguments and counter–arguments take account of the need to avoid criticism that public funds are being used to disseminate party political propaganda. The emphasis is on the factual basis and exposition of Government policies rather than on partisan argument.
21. In recent years many new techniques have been used by Government to reach specific audiences with important information about policy and programmes. For example these have included so–called "Breakfast Specials" – roadshows involving presentations by Ministers and/or others to audiences such as business people. By their nature such techniques require special consideration of their propriety and value for money. In particular, attention will need to be paid to the requirements that events are not, and are not liable to misinterpretation as being, Party political; and to the need to be able to justify the costs as expenditure of public funds. A particular safeguard is a recorded consideration of ways to reach the same objectives, demonstrating that the technique used was chosen as providing the best value for money in the circumstances.
Information required by statute or otherwise about rights, obligations, liabilities and Government services
22. This kind of publicity covers a wide range. It may follow legislation which has given the public new entitlements or obligations. It may remind the public of entitlements which the Government would like to see taken up more widely. It may consist of statutory notices informing the public of actions the Government proposes to take. Or it may be used to encourage the public to adopt certain kinds of social behaviour. It has been accepted under successive administrations that the Government has a clear duty to inform the public in this way. There is no question about the public's need to be informed of their legal entitlements and obligations, and the services available to them. Examples include the Inland Revenue's campaigns to inform those eligible of their right to receive gross interest on savings (1991–1993) and to inform taxpayers of the new self-assessment arrangements for income tax, or annual campaigns on electoral registration. The Government also has a clear right to use publicity to encourage behaviour which is generally regarded as being in the public interest (for example crime prevention or road safety advertising). Publicity of this kind may include leaflets, posters, displays, newspaper advertisements, TV commercials and advertising carried on items ranging from buses to take–away food containers. Some of these simply provide factual information and practical advice, but others need to be more persuasive in content and presentation. Similar publicity is used to explain changes in the law which affect individuals or businesses, or the work of their professional advisers, Citizen's Advice Bureaux, etc.
23. There may be some sensitivity where the matters publicised are the product of controversial legislation or potentially controversial policies. Examples include "Right to Buy" (1984), "The Patient's Charter and You" (1995), and publicity associated with privatisation sales. Care should be taken in such cases to present the information in a way that concentrates on informing the public about the content of legislation and how it affects them. Material of this kind is justified in principle by the need of members of the public to be informed of what entitlements are available to them under legislation, or in the case of privatisations, the need to inform the public about investment opportunities and ensure effective sales by flotations or other means.
24. Paid publicity is used extensively by the Government to recruit people in various public services. This is generally non-controversial, but the cost must still be justified.
25. As with any other kind of public expenditure the prime responsibility for ensuring the economy, efficiency and effectiveness of a publicity proposal is for spending Departments. The Treasury is responsible for carrying out its normal role which will include questioning whether a particular proposal is a justified use of public funds or whether adequate evidence about the effects it achieves is or will be available.
26. The Accounting Officer's general VFM responsibility is if anything more acute in this area because of the high visibility of publicity expenditure and the potential intangibility of results. A rigorous examination of all proposals for publicity expenditure, starting from first principles, is therefore essential.
27. In each such case, those responsible for the proposal need to be able to give a persuasive reply to the following questions:
i. Is it necessary to have a publicity proposal which goes beyond what can be achieved without spending money (eg Parliamentary announcement, Ministerial speech, regular publication)?
ii. If so, what is the precise goal, and precise target audience?
iii. What means of publicity are best suited to achieving this goal and target?
iv. What is affordable?
v. How are results to be measured, distinguishing between publicity effects (such as the level of awareness of information) and non-publicity effects . (such as changes in behaviour)?
vi. Where the final objective of publicity is to influence the behaviour of individuals or the performance of business, is there adequate evidence of the effects achieved or, failing that, have sufficient arrangements been made to get such evidence?
vii. In the light of these considerations, is the publicity course chosen the most economical, efficient and effective in the circumstances?
There is often a close link between propriety and value for money. For example the argument that it is a legitimate use of public money to promote the importance of better business performance through paid advertising depends crucially on its effect on behaviour.
28. The responsibility for ensuring that the conventions on propriety are observed and that value for money is being achieved rests with Departments and in particular with departmental Ministers and Heads of Department. The principal source of advice to Ministers and Heads of Department in this field is the departmental Head of Information. Heads of Department should ensure that the Head of Information always has sufficient opportunity to advise on proposals for paid publicity, as well as the departmental Finance Division.
29. If the departmental arrangements work well, the need for reference to central advice should be very limited. It is likely to arise in three distinct circumstances:
i. if a publicity proposal falls into a category where central reference is mandatory, as is at present the case for paid publicity in advance of legislative approval (see para 32);
ii. if a proposal is "novel or contentious" in expenditure terms, in which case reference to the Treasury would be expected under the rules in Government Accounting and the public expenditure conventions generally.
iii. where a Minister, Head of Department or Head of Information wanted a second opinion on the compatibility of a proposal with the current central guidance.
Departments will generally wish to seek professional advice on the most appropriate and effective ways of meeting their publicity objectives. Departments are able, but not obliged, to obtain this advice from the Central Office of Information, which draws on a wide range of experience in advising Government Departments.
30. The Treasury, and where necessary the Chief Secretary, Treasury, will continue to provide advice on value for money issues relating to Government publicity and advertising.
31. On matters of propriety, Departments should first turn to their Departmental Head of Information who may refer to the Head of the Government Information Service. He/she will advise if the matter needs further consideration by the Machinery of Government and Standards Group or the Head of the Home Civil Service.
32. Government publicity for proposals which are, or may become, the subject of legislation in Parliament remains a particularly sensitive area. Until such measures have become law, any Government publicity must neither assume nor anticipate Parliamentary approval. Ministers should therefore ensure that all proposals for paid publicity (including, for example, leaflets) about the contents of legislation in advance of Parliamentary approval, together with the proposed distribution of the material, are referred to the Secretary of the Cabinet and copied to the Minister for the Cabinet Office.
33. Departments of central Government, unlike local authorities, do not rely on any specific statutory authority to spend money on advertising and publicity. Their use of publicity is covered by the principle that the Crown - and Ministers of the Crown as its agents - can do anything an ordinary person can do provided that there is no statute to the contrary and Parliament has voted the money. The safeguard is of course the Government's accountability to Parliament for all that they do and spend.
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