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Part 3 of the 2005 Constitutional Reform Act (CRA) Barents Sea Norwegian Sea Atlantic Ocean Baltic Sea North Sea Bay of Biscay NATIONAL INTEGRITY SYSTEM ASSESSMENT UNITED KINGDOM Black Sea CORRUPTION IN THE UK: PART THREE Mediterranean Sea www.transparency.org.uk 0 210 420 Miles 0 210 420 KM Transparency International (TI) is the global civil society organisation leading the fight against corruption. Through more than 90 chapters worldwide and an international secretariat in Berlin, TI raises awareness of the damaging effects of corruption and works with partners in government, business and civil society to develop and implement effective measures to tackle it Transparency International UK (TI-UK) is the UK chapter of TI. We raise awareness about corruption; advocate legal and regulatory reform at national and international levels; design practical tools for institutions, individuals and companies wishing to combat corruption; and act as a leading centre of anti-corruption expertise in the UK. Publisher: Transparency International UK Lead Researcher: Prof. Michael Macaulay, Teesside University Authors: Prof. Michael Macaulay, Teesside University (Chapters 2, 4, 5, 6 – 6.3, 6.5, 6.7, 6.8, 6.9, 6.12 – 7) Dr Gary Hickey, Teesside University (Chapters 3, 6 – 6.1, 6.2, 6.4, 6.6, 6.10, 6.11) Research review: Suzanne Mulcahy, Transparency International Secretariat Project Coordinators: Robert Barrington, Transparency International UK Paul Zoubkov, Transparency International Secretariat First published June 2011 This publication is a product of the European National Integrity Systems project. The National Integrity Systems assessment tool has been developed and coordinated by Transparency International. Reproduction in whole or in parts is permitted, providing that full credit is given to Transparency International and provided that any such reproduction, whether in whole or in parts, is not sold unless incorporated in other works. ISBN 978-0-9566194-3-3 © 2011 Transparency International UK. All rights reserved. Disclaimer Every effort has been made to verify the accuracy of the information contained in this report. All information was believed to be correct as of May 2011. Nevertheless, Transparency International UK cannot accept responsibility for the consequences of its use for other purposes or in other contexts. Policy recommendations reflect Transparency International UK’s opinion. They should not be taken to represent the views of those quoted or interviewed unless specifically stated. This project has been funded with support from Prevention of and Fight against Crime Programme European Commission - Directorate-General Home Affairs. This publication reflects the views only of the author, and the Commission cannot be held responsible for any use which may be made of the information contained therein. Prevention of and Fight Against Crime. With financial support from the Prevention of and Fight Against Crime Programme. European Commission - Directorate-General Home Affairs CONTENTS 1. ABOUT THE NIS ASSESSMENT 1 2. EXECUTIVE SUMMARY 4 3. COUNTRY PROFILE 9 4. CORRUPTION PROFILE 14 5. ANTI-CORRUPTION ACTIVITY 18 6. NIS PILLARS 21 6.1 Legislature 21 6.2 Executive 35 6.3 Judiciary 44 6.4 Public sector 51 6.5 Law enforcement 61 6.6 Electoral management body 69 6.7 Ombudsman 76 6.8 Supreme audit institution 84 6.9 Political parties 92 6.10 Media 100 6.11 Civil society 110 6.12 Business sector 117 7. CONCLUSION 127 128 ANNEX 1: Summary tables of NIS pillars 134 ANNEX 2: Differences in judiicial structure Acknowledgements We would like to thank all those who contributed to this report, and in particular: those who were interviewed by the research team, some of whom have asked to remain anonymous; the Research Advisory Group, whose insights and support were invaluable; independent reviewer Rob Gallagher; our colleagues in other TI national chapters within Europe, who have shared their experiences of NIS research and project management; and our colleagues at the TI Secretariat for assistance in the project design and methodology. Research Advisory Group: Chandrashekhar Krishnan (Chair) Prof. Indira Carr Derek Elliot Prof. John Hatchard Prof. Michael Levi Colin Nicholls, QC Halina Ward Very Revd. Justin Welby Interviewees1: Alan Doig, Visiting Professor, Liverpool John Moores University Peter Facey, Unlock Democracy Gillian Fawcett, Head of Public Sector, Association of Chartered Certified Accountants William Gore, Public Affairs Director, Press Complaints Commission Sir Christopher Kelly, Chair, Committee on Standards in Public Life Dr Jane Martin, Local Government Ombudsman Sir Nicholas Monck, Better Governance Initiative Christopher Newman, Senior Lecturer in Constitutional Law, University of Sunderland John Peters, Senior Lecturer in Business Law, Teesside University Lord Chief Justice Malcolm Pill, Lord Justice of Appeal 1. Interviewees who asked to remain anonymous have not been named; their current or former positions are: senior officer in Confederation of British Industry (CBI); Charity Commissioner; senior police officer; senior law enforcement official. 1 1. ABOUT THE NIS ASSESSMENT A series of high profile corruption cases in the private and public sectors has laid bare the urgent need to confront corruption in Europe. Corruption undermines good governance, the rule of law and fundamental human rights. It leads to the misuse of resources, cheats citizens, harms the private sector and distorts financial markets. Seventy-eight per cent of Europeans surveyed for the EU Commission’s 2009 Eurobarometer believed that corruption was a major problem for their country. This report is part of a pan-European anti-corruption initiative, supported by the DG Home Affairs of the European Commission. The initiative looks to assess systematically the National Integrity Systems of 25 European States, and to advocate for sustainable and effective reform, as appropriate, in different countries. The National Integrity System (NIS) assessment approach used in this report provides a framework to analyse the effectiveness of a country’s institutions in preventing and fighting corruption. The assessment has a strong consultative component involving the key anti-corruption actors in government, civil society, the business community and other relevant sectors with a view to building momentum, political will and civic demand for relevant reform initiatives. The NIS concept has been developed and promoted by Transparency International as part of its holistic approach to countering corruption. A well-functioning NIS provides effective safeguards A well- against corruption as part of the larger struggle against abuse of power, malfeasance, and functioning misappropriation in all its forms. However, when these institutions are characterised by a lack of appropriate regulations and by unaccountable behaviour, corruption is likely to thrive with negative NIS provides knock-on effects on the goals of equitable growth, sustainable development and social cohesion. effective Strengthening the NIS promotes better governance across all aspects of society, and, ultimately, contributes to a more just society overall. safeguards The UK NIS country report offers an evaluation of the principal institutions of governance against responsible for enhancing integrity and combating corruption in the UK. These governance corruption institutions are generally considered to be comprised of a minimum of 12 “pillars”: as part of Legislature Executive Judiciary the larger Public Sector Electoral Management Body Ombudsman struggle Law Enforcement Audit Institution Political Parties against Media Civil Society Business abuse of power, malfeasance, and misapprop- riation in all its forms 2 A thirteenth potential pillar, Anti-Corruption Agency, has not been chosen for research in this report. The assessment examines both the formal legal framework of each pillar, as well as the actual institutional practice, thereby highlighting discrepancies between the formal provisions and reality on the ground. Each pillar is assessed via a set of indicators which measure the following features: Capacity Governance Role within the governance system Resources Transparency Pillar-specific indicators Independence Accountability Integrity Mechanisms In order to take account of important contextual factors, the evaluation of the governance institutions is embedded in a concise analysis of the overall political, social, economic and cultural conditions in which these governance institutions operate. In addition, the assessment is based on a holistic approach to preventing corruption, since it looks at the entire range of relevant institutions and also focuses on the relationships among them. The research methodology uses a two-step approach. In a first step, qualitative information from legal documents, key informant interviews and secondary data sources is collected by a lead researcher in-country and structured along the set of indicators for each pillar. Based on the collected qualitative evidence, the second step consists of scoring these indicators on a five-point scale, in order to provide a quantitative summary assessment of the presented data. The scale applied includes five possible values – 0, 25, 50, 75 and 100. The score for each of the three dimensions (capacity, governance and role) is a simple average of the indicator scores under that dimension. The overall pillar score is attained by calculating a mean average of the three dimension scores2. The final scores for each of the pillars and their constituent dimensions are assigned labels
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