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Thursday, February 23, 2012

The failure of moral philosophy



The failure of moral philosophy

Thomas Aquinas refers to Aristotle as “The Philosopher”, as though there were no other. Aristotle is an outstanding philosopher, perhaps the greatest, but he could also be described as a political scientist, a veterinarian, an astronomer, a physicist – although not in the modern sense - and an ethicist. His observations and learning encompassed many disciplines .The argument of this paper is that today’s moral philosophers have not followed his lead. They confine their discussions to opinion and argument, reaching few usable conclusions .They claim that their teaching and writing are based on practice, and lead to action; they claim also  that  they draw on many disciplines. None of these statements are true.  Moral philosophers do not venture outside the narrow self- defined limits of their discipline. Other disciplines contribute as much if not more than moral philosophy to ethical practices which do lead to improved ethical behaviour. These contributions- perhaps a half dozen in all - are ignored by moral philosophers. The big losers are students who study moral philosophy who are not taught these practices. The larger loser, however, is society. Those philosophers who ignore, and in some cases argue against these practices, ensure that our desire to build a more ethical world will gain no support from moral philosophy.

I will take each of these statements in turn. That Aristotle was much a scientist as a philosopher can be noted from his observations on many aspects of human society. His writing, based near entirely on observation, and within the technical limits of his day, covered animals, the heavens, the political sciences as well as ethics .His thoughts can be applied practically. Nichomachean ethics, for example, sets out distinct guidelines and parameters for our behaviour.  His intellectual virtues included scientific knowledge (episteme), and technical skill or art (techne),

There has not been much progress since. The efforts of moral philosopher today lead only to talk, more talk, and disagreement. Of the many observations on the “internecine warfare” between moral philosophers, I quote Richard Joyce from Philosophy Now (Issue 82 ,2011)

“The theories are plentiful, the convolutions byzantine, the in-fighting bitter, the spilt ink copious, and the progress astoundingly unimpressive”

My second contention is the claim that the current mainstream thinking in moral philosophy leads to action. An example is seen in The Ethics Toolkit (Baggini and Fosl, 2007).This book  is intended  “to provide readers with a deeper …sense of how different ideas … may be enlisted so that people may not only think but act  with regard to moral matters.” (The emphasis is mine.).

There are many similar claims. The Blackwell Guide to Ethical Theory is written by “an international assembly of distinguished philosophers”. Its editor, Hugh LaFollette (2000), follows the present-day compartmentalisation of ethics into three – meta-ethics, normative ethics and practical ethics, the last mentioned being about “how we should behave in particular situations”. LaFollette asserts that this is a change – quoting PH Nowell-Smith, a half century ago (1957), who stated that “The moral philosopher (and) his subject matter consists … of theoretical statements”.

Some changes have taken place since Nowell Smith , but I argue that  they are still theoretical and that  , in any case, ignore developments in other disciplines.

We can see the changes today in Peter Singer’s book, Practical Ethics, where he talks about our responsibilities towards the poor, towards animals, womens’ rights, racial minorities, and the like. In short, Singer is pushing us toward the practical implications of the policies that he is presenting.

Many of the books on business ethics discuss those specific issues that occur in the business world. Frederick (2002) for instance, discusses a range of business practices widely considered unethical – in marketing, business finance, environmental issues, etc.

I argue that these books do not go far enough. They may examine some of the ethical practices that need to be followed, but not all of them. They also  give us little guidance on how to manage the ethical issues that they do raise

Most moral publications are similar to the toolkit book. They concentrate on the ethical theories   A standard text for undergraduate courses in ethics, The Elements of Moral Philosophy, by James and Stuart Rachels, for instance , does an excellent job of explaining the many ins and outs of moral philosophy. It has no mention of any of practices adopted by other disciplines that strengthen ethical behaviour.

The practices drawn from other disciplines come from the work of the Australian Association for Professional and Applied Ethics (AAPAE) , Drawing on studies across ethical practices in thirteen different disciplines, the Association identified six practices that will strengthen ethical behaviour. All are near-completely ignored by moral philosophers. They come from the business sector, from politics, from public administration, from sociology, and from the legal profession. They are (i) Strengthening our ability to recognise when we ourselves have been unethical; (ii) Steps being taken to encourage us to speak out against wrongdoing ;(iii) Developments in codes of ethics that do make them effective;(iv) policies being adopted by private sector organisations to institutionalise ethical behaviour; (v) new programs for ensuring greater honesty in government; and (vi) building action on empirical findings, not argument.  Each of these developments is being put into practice in the disciplines from which they arose. But are largely ignored by moral philosophers.

As I shall demonstrate, several moral philosophers actively decry these developments, despite their benefits. But let us first describe the practices. The first is an analysis of why we adopt practices that result in us not seeing wrongdoing, or in ignoring it when we do see it

Why we fail to do what is right

Max Bazerman and Ann Tenbrunsel (Blind Spots,2011) ,  are professors of business and of business ethics whose research that tells us we do not often recognise the decision we should make  is an ethical one .If we do, we sort our way through the maze of competing ethical theories to reach a decision. If we do however, we do not always implement it. There are many reasons why we do not act - a willingness to conform to accepted thinking (group think); our tendency to reduce dissonance when associated with rejecting a suspected unethicality, thinking for the short term rather than the long term, and finally a complete failure to recognise many decisions as ethical. They term their analyses “behavioural ethics”, claiming that it has grown “exponentially” in recent years. Their examples include the Challenger disaster and the Ford Pinto case, arguing there that these decision makers did not recognise the ethical implications of the choices that they made. They give a number of solutions for avoiding the problem, targeted at the individual, organisational or societal level.

Many developments have in fact been introduced aimed at ensuring that an ethical option is recognised, adopted, and then implemented. The following paragraphs provide a short summary. The first of the actual applications is commonly known as whistleblowing

Speaking out against wrong doing

It is only common sense that people inside or in contact with an organisation will be the first to identify wrongdoing. Several major research studies, world-wide, have confirmed that blowing the whistle on illegal or unethical action is the most effective way to stop it. But to speak out is a dangerous practice. Whistleblowers are crucified .Legislation that encourages and protects them has now been introduced in most countries. As have stock exchange guidelines that include whistleblowing .Even business standards now encourage it. These practices and their multiple problems need to be taught to students of moral philosophy. The research on ways to reduce the problems belongs in the same discipline.


Adopting codes of ethics that are effective

How many of us have signed a code of ethics without reading it, convinced that (i) we are ethical anyway and (ii) we know that it only exhorts us to be honest and to deal fairly with workmates and clients. And if we do read it, the code seems like a public relations document generated by senior management to give the impression that the organisation is honest. Research in recent years, however, has determined that codes aimed at the actual ethical issues faced by staff, identified and resolved by those who confront these issues, are more likely to be effective.Codes are not a topic of interest to the Toolkit book


Policies being adopted by private organisations to strengthen ethical practices

A multitude of these practises have developed in recent years .Thumbnail sketches would include
Growth in Corporate Social Responsibility (CSR) Michael Porter, perhaps the foremost academic in building business strategies notes the link between corporate strategy and corporate social responsibility “CSR has emerged as an inescapable priority for business leaders in every country” he tells us
An ethics role for professional societies. These institutions  are developing and codifying ethical practices for the disciplines that they cover. The majority are merely exhortations to be good, and as such, are somewhat useless, but a few tackle the real ethical issues of that discipline.
Trade Practices and anti-trust. Moves to reach agreements with members of cartels to provide evidence in return for easier treatment have become near universal in recent years .In short, If you turn in your fellow conspirator, you get off.
Legislation governing business dealings Typical are the Sarbanes Oxley and the Dodd Frank Acts in the US, the strengthened Corporations Act in Australia and the Bribery Act in the UK. Some of this legislation is aimed at combatting one of the ethical blinkers noted by Bazerman and Tenbrunsel – motivated blindness – an inability to recognise an unethical act when it is to your advantage. They note that Enron was Arthur Andersen’s second largest client where the consulting fees were greater than auditing fees – a widespread weakness that has been since overcome through legislative enactment.
Securities exchanges principles Again there has been increased emphasis on ethical behaviour exercised through stock exchanges, evidenced in a number of developments -  stock exchange listing requirements emphasising ethical corporate governance,  the growth in ethical investments and the development of codes of ethics for exchange staff being the most prominent.


Ensuring honest government


Another growth field described by some as “exponential” is anti-corruption agencies or as they are termed in Australia, Integrity agencies. All are aimed at strengthening behaviour in the public sector, and at times, the legislature. They will range from Crime Commissions to Ombudsman Offices operating in a role expanded  from their traditional function as an agency that listens to (and attempt to correct)  complaints about public administrators. Some Ombudsman Offices are responsible for taking action on whistleblower issues. They work in a variety of ways, by education, providing consulting services in ethical practices, by accepting complaints on misbehaviour, by encouraging and protecting whistleblowers. They also cover illegal as well as unethical activity. The list of wrongs that one anti- corruption agency prohibits actions that “could adversely affect, either directly or indirectly, the honest or impartial exercise of official functions”. Other prohibited actions involve a breach of public trust, or the misuse of information or material. These actions are not necessarily illegal.


Adoption of empirical findings

The learning processes in philosophy are based on argument. It is an adequate process when we are simply speculating. It is totally inadequate for critical analytical action. The inadequacy of argument is reflected in the criticism of anti-corruption and integrity agencies as instruments for bringing about greater ethical behaviour in the public sector. Some moral philosophers decry these developments. Jeff Malpas, for instance, at the most recent AAPAE conference argued that the language of ethics, “seems increasingly to have been appropriated by bureaucratised systems of political and managerial control based around notions of risk management, audit, accountability and assurance “; that it presages “the demise in ethics.”

His contention uses argument to combat empirical research.Another example of where today’s philosophy has lost sight of the lessons of previous decades is  Loius Pojman and Vauhn Lewis  in the seventh edition of a widely-used text Philosophy. The Quest for Truth
“The Major task (of philosophy) is to analyse and construct arguments “ and again
“The hallmark of philosophy is centered in the argument”

Pojman makes the statement in the 6th edition “ I have striven to present opposing views on virtually every  topic “ IT is a  strange statement to make in a book questing for truth.

I quote again from Philosophy Now John Lachs decries this approach. “young philosophers (in the US) are taught that argument is king …that knowledge of facts is superfluous” (Can philosophy still produce public intellectuals? Philosophy Now, September/October, 2009)

I turn finally to the ethical implications of these approaches. The immediate losers, of course, are those young people who take a philosophy degree and who want to work in ethics. Many of them want their work to matter, to have an impact. But they have an inadequate education with which to make this impact – inadequate in two respects. They are given neither the knowledge of these current practice nor the analytical skills with which to use and further develop the practices. I could even claim that their teaching gives them an intellectual handicap with which to face the world. For they are not given the analytical techniques that they would need to make any impact.

The bigger loser is society at large, however. Research into ways that society can strengthen ethical practices is left to other disciplines. And ethical practices are not mainstream in those other disciplines   Ann Tenbrunsel, working in business ethics, is a rarity. Ethics is a branch of philosophy. The research, the developments and  strengthening of  ethical behaviour should come from that discipline .Currently It does not. And until the discipline changes, it  cannot.









Friday, November 18, 2011

WHISTLEBLOWERS AUSTRALIA


A letter to the Department of Fair Trading in NSW.

6 Teakle Street
Summer Hill
NSW 2130

0418 166 577
02 9797 6459

19 October 2011
Commissioner Rod Stowe
Commissioner
NSW Fair Trading
1 Fitzwilliam St
Parramatta, NSW, 2150

Dear Commissioner,
             
I believe there has been a contravention of the Associations Incorporations Act by Ms Cynthia Kardell of Whistleblowers Australia (WBA). Ms Kardell was the Secretary in the period prior to the election at the most recent AGM, and as a consequence of the election, is now the President. I am seeking an investigation into the election process with the view of remedying what I and others believe to be a flawed electoral process.

My concerns involve the conduct of Ms Kardell, who is a practicing solicitor in NSW. I believe she would have full knowledge of the special requirements that her professional standing would place on her to conduct any election in a fair and equitable fashion. I believe she dishonestly abrogated those responsibilities for her own purposes.

It is my contention and the view of many long standing members that Ms Kardell used her position as Secretary to benefit herself and some supporters. The relevant sections of the Associations Incorporation Act 2009 (under which WBA. has been incorporated), are sections 32 and 33.  The reason behind her actions was a conflict about an earlier policy issue (on seeking funding for WBA).

In specific terms, my complaints of her dishonest actions are as follows:

Ms Kardell used her exclusive access to membership records to seek out non- active members and to induce them to stand for positions of office holders.

Though other members, including myself, sought access to the membership list, Ms Kardell refused to grant that access. Ms Kardell insisted that any communications with other members must be put through her.

Despite this, Ms Kardell used her position to contact other members without advising existing office holders of her activities. We have been informed of occasions where Ms Kardell sought proxies from people who were not made aware of her intentions to remove original office holders.

At no time did Ms Kardell advise other office holders that she was using her position to influence other members of her intentions. I (as President of the NSW Branch) had been aware of the earlier conflict, and had specifically met with Ms Kardell to suggest that the conflict be resolved at the AGM. Ms Kardell told me that there was no conflict, and that the election would proceed as usual. This was not the truth.
The first item on the AGM agenda was the election of office holders. As soon as Ms Kardell and her supporters took over the office holder positions she was in a position to block any debate about the issue in contention.

This letter sets out details where Ms Kardell has breached the Act. (Contact details for her and other participants are set out below).  

The earlier conflict related to WBA strategy   WBA was established to support whistleblowing & to lobby for strengthened whistleblower legislation. As you may know, Australia has the weakest whistleblower protection legislation of the major anglophone countries. About three years ago, the then President and some members were authorised by an AGM resolution to explore funding sources for strengthening WBA’s efforts (primarily more research, creating an active website and greater lobbying). They put in an application to be allowed to compete for funding offered by an external agency (Siemans Ltd. 2009/10 funding round). Ms Kardell, then Secretary, objected to external funding. She unilaterally wrote, as Secretary, to Siemens saying that the WBA committee had not considered the application. As a result WBA was not even granted permission to enter the competitive round. Ms Kardell’s action caused much conflict within WBA. The resulting wide-ranging email correspondence across many members was extremely unpleasant.  A number of members resigned. The President, Mr Peter Bennett, and myself, however, stayed on.

AGM voting in the past has been confined to those who attend. With only about 20 attendees, and about 9 proxies, the AGM vote (in Brisbane, November 2010) was a forgone conclusion.  Mr Bennett, after stating his objections, resigned. I also objected, stating that nobody had any warning that Ms Kardell was standing –and that based on her earlier statements to me (which I had circulated), that members expected a normal vote. I also stated that funding was a major issue, which would affect the directions of WBA, & should be taken to all members – not decided unilaterally by Ms Kardell.  The voting proceeded, however, with the proxies being used to vote in many of the new faces and eliminate those who did not support Ms Kardell (the NSW President is elected separately).

I continued to object, but was consistently told that proxies are allowable under the WBA constitution   [  http://www.whistleblowers.org.au/WBAConst.html ]

The use of proxies as you know is not permitted by the model rules promulgated by Fair Trading NSW. I was also concerned that Ms Kardell subsequently refused to allow me – or any other member - access to the membership list, or in my case, the NSW membership list. Only she can contact members (and has done so, to announce her Presidency among other matters).

I asked that the dispute be referred to a Community Justice Centre for mediation in accordance with the Community Justice Centres Act, 1983, as provided in the WBA constitution. Ms Kardell agreed.  At that meeting (30 March)  I asked for a Special General Meeting (SGM) of Whistleblowers Australia under Section 27,  Item 2, of the Constitution
(2) The committee shall, on the requisition in writing of not less than 5 per cent of the total number of members, convene a special general meeting of the association. 

My purpose in that SGM was to attempt to reform the WBA constitution – to make proxies illegal and to ensure that all members had the opportunity to vote. I had, and still have, 13 members – well over the 5%, who have requested an SGM in writing. Ms Kardell has refused to accept those letters. Her reasons were that most were via email, and although signed, were not in ink. I also asked that the SGM be without proxies, but Ms Kardell refused that request also.  When I said that proxies made the SGM a charade Ms Kardell actually told me that I should go out and get my own proxies.  

These actions, from the earliest statements to me, and subsequently, certainly lack transparency, but I also believe that they are dishonest and therefore illegal, under sections 32 & 33 of the Associations Incorporation Act. I would ask that the Department of Fair Trading act on this matter, requesting at least that it require a Special General meeting be held, that conflicting viewpoints have equal access to all members, and that no proxies be allowed.

Yours sincerely,






                                                                                                            Peter Bowden (Dr.)

Monday, July 11, 2011

WHISTLEBLOWER PROTECTIONS IN THE STATES OF AUSTRALIA

 THE WHISTLEBLOWER PROTECTION LEGISLATION IN THE STATES OF AUSTRALIA HAS A TOTAL OF NINE PROTECTIONS......., NO STATE HAS ALL NINE



PROTECTION
YES - is provided
NO - not provided
1.      Confidentiality for whistleblower’s identity.
All states and territories, on condition

2.    Prohibition against reprisals.
All states & territories

3.      Injunctions against reprisals under the act.
VIC, Q. ACT ,
TAS, NT
NSW, WA, SA
4.      Proceedings for damages.
All states
 except NSW
NSW
5.      Right to relocate.
Q , ACT, (conditional)
VIC, TAS, NSW,
 WA, SA, NT
6.      Indemnity against civil & criminal proceedings.
All states

7.      Absolute privilege against defamation
Q, ACT, VIC,
 NSW,TAS, NT
SA, WA
8.      Anonymous disclosures allowed.
Q, VIC, TAS,
NT, and NSW by implication

SA, ACT, WA
9.      Protection if released to media.
NSW ,Conditional.
No other states
 permit release
to media

Sunday, July 10, 2011

Rebekah Brooks is guilty

As by extension, is also her boss, Rupert Murdoch. Although she may not have been aware of the phone tapping by her staff, she is still guilty of running an organisation where the production of stories, no questions asked, is the overriding criteria for success. The News of the World was not a work environment where ethical behaviour on the part its employees was the overriding criteria for advancement.

We all know from our own work experiences that ethical behaviour is not always the norm - that personal contribution to the organisation, and maximisation of profits take precedence. We are aware that the organisation’s code of ethics is a creative document drawn up by its publicity department. That the ‘discounted’ price may not be a true discount; the quality of the work may be less than advertised; that the outcry against the new tax is purely self-serving.
.
A recent investigation into people who spoke out against wrongdoing in the Australian public service has confirmed this intuitive knowledge. This research comprised nine surveys across the public service, the largest of which sent out 23,177 questionnaires to public servants in 118 agencies, to which 7663 public servants responded. The research was organised by fourteen state and federal government ombudsman and anti-corruption agencies, along with five universities. It found that senior managers and staff responsible for managing ethical behaviour in public agencies believe that whistleblowing is the most useful way to identify and stop wrongdoing. One of the more important findings of this study, however, was the enormous variations in the treatment accorded whistleblowers. In some agencies the negative impact of whistleblowing is less than 10%; in other agencies it can be as high as 50% .In effect, some government departments listen to and act on people in the organisation who speak out against wrongdoing. Other agencies ignore the complaint, even take action against the whistleblower.

In Rebekah Brooks’ News of the World  there would be little doubt that any employee who  spoke out against wrongdoings by the paper would have shortened their career  prospects by a substantial margin.. Rebekah Brooks tells us that did not know about the phone tapping. The reason  may well be  that  she  did  nothing to encourage people  to speak  out against  this or any other dubious activity .If she had, Clive Goodman, an editor, would  not have served time in prison for phone hacking ; nor would Neville Thurlbeck and Ian Edmondsen been arrested  on suspicion of  phone hacking.

News Limited has a Code of Conduct .John Hartigan ,Chairman and Chief Executive of News Limited in Australia has put out a press release citing the Code of Conduct as the reason why the remainder of Rupert Murdoch’s empire is squeaky clean:

Given the wider reputational impact on all journalists as a result of the events in the UK I want to remind everyone that adherence to our ethical code is fundamental to our right to publish and a fundamental requirement of our work, every day.

Rebekah Brooks, who enjoys Rupert’s full support, apparently has not read it. Or as is more than likely, she wrote it. But organisational behaviour needs to go beyond a code of ethics written by a senior executive putting forward a picture image for public consumption. .

Ethical behaviour is as dominant a requirement on the media as it is on any professional body. They influence our attitudes to many of our activities. For many of us, they are the sole information source for the decision - on international conflicts; foreign aid, political parties, even how we vote. The reluctance by politicians to anger powerful media barons was acknowledged with unusual candor recently by the British Prime Minister, David Cameron, who told a news conference that The News of the World scandal showed the importance of ending what he called the “cozy” relationship in Britain between the media, politicians and the police. Code of ethics only work when they target actual ethical confrontations experienced by employees.  John Hartigan did not, and I suspect cannot, tell us that News Limited forbids the hacking of a mobile phones belonging to celebrities, victims of crime, terrorism and even relatives of soldiers killed in action.

WHY MORAL PHILOSOPHERS SHOULD NOT TEACH (or preach) ETHICS

An alternate title to this paper is ‘An Appeal to Moral Philosophers’, which asks that they incorporate into their teaching and writing a range of empirical findings on ethical practices.

But they do not:.  Fifty years ago, Nowell-Smith stated that this subject consisted of “theoretical statements”. Today, a range of philosophers - Hugh La Follette (The Blackwell Guide), Peter Singer (Practical Ethics), the writers of The Ethics Toolkit (Baggini and Fosl) argue that moral philosophy should guide action. But in their publications these philosophers exclude major empirical findings that guide ethical behaviour.

They are not alone: Refusal by the biggest public institution at the time - the Catholic Church - to accept empirical observations suggests that it believed its own teaching, as do philosophers today. The Church condemned to death Galileo Galilei, who had empirically demonstrated that the Church’s teachings were wrong.  

Three findings need to be included in courses and written works on moral philosophy, if we are to have any influence on ethical behaviour:

First - Public interest disclosures - (whistleblowing)  Extensive research has shown that the most effective way to identify and stop wrongdoing is through insiders speaking out against it.. (References –AJ Brown, KPMG, PWC, Univ, of Chicago- in full  paper). So whistleblowing has to be taught.

But whistleblowers are crucified (references), so our own integrity dictates we do have to teach those of our students who want to expose wrongdoing how to protect themselves.

The legislation is supposed to do that, but it doesn’t (refs). So surely we have to expand this teaching to advocate stronger legislation?

Second - Codes of Ethics Not philosophy you will say .Extensive research says that they can be effective. The long-term effectiveness and crucial sense of code-ownership by staff is repeatedly acknowledged in code studies (several refs). So ethics students should be taught codes, and ways for making them effective.

Third – The ethical infrastructure Institutions, legislation and guidelines designed to strengthen ethical practices have grown near exponentially in recent years (references and examples). Ethics officers are being recruited into new corporate positions .These developments follow on from the corporate scandals at the turn of the decade, and the recent Global Financial Crisis, widely regarded as a failure in corporate ethics   People skilled in program evaluation are now trying to find which have been effective, with tentative results emerging.  Are not teachers of ethics obliged to prepare their students for this environment?

Do moral philosophers teach these topics?   

Some do (Cohen and Grace, perhaps others). But most do not. A search for the first two topics - whistleblowing and codes- located 26 articles in the discipline based journals. None in the philosophy journals - The Australasian Journal of Philosophy , Journal of Moral Education,. or Journal of Applied Philosophy. A search of the Springer range of some 35 journals found 290 articles on whistleblowing. None were in the half-dozen or so philosophy journals.

The third topic, institutionalising ethics –has a many articles in the management and administration journals, none in the philosophy journals that were searched

But: Codes of ethics, whistleblowing, ethical institutions, ethical procedures, legislation, etc, are not philosophy.

What is philosophy? We will first use one definition –It helps answer the question on how we should  lead our lives.

But then speaking out, codes and a growing ethical infrastructure  would qualify as philosophically valid. For they guide our actions  provided  the argument that an ethical life leads to a more satisfying life has validity, Whistleblowing itself also raises fascinating philosophical questions on why  people are willing to take on the personal  risk of blowing a whistle against wrongdoing.

A second definition of philosophy states that philosophy consists of argument (reference:  Pojman –The Search for Truth  sixth edition). Whistleblowing exhibits many contradictions, well able to be argued. Two august professors of philosophy in the common room of a major Australian university argued vehemently against whistleblowing being effective – despite the evidence to the contrary.  The arguments are noticeable even in the many definitions of ethics -  the conflict between loyalty and honesty is an example. This conflict is between Virtue Ethics, for loyalty is a virtue, and the Kantian obligation to reveal a wrongdoing.

But perhaps the most fascinating argument of all is that between political philosophy and the public interest – Alan Kessing being a great Australian example of the conflicting moral obligations on a senior public servant when his/her government pushes the ethical boundaries too far.

The implications

The failure of moral philosophy to teach ethics in all its variations has a serious implication for society overall.  It forces the professions, industry associations, governments, and private business to develop their own individual moral philosophies – to write their own moral codes, decide their own ethics policies. Moral philosophy offers little assistance

At USydney, perhaps 20 departments have an ethics course .The lecturers are from the disciplines. They have read LaFollette, Singer, maybe even Aristotle, noted the 2500 years of disagreement, and worked out their own ethical theories. They do their research, publish in their professional journals.  Nobody outside that discipline reads the journals.



For a copy of the full paper, please email peter_bowden@usyd.edu.au.  It was rejected by the Journal of Applied Philosophy, The editor, Susan Uniacke, said  it was ‘not ethics’

Sunday, June 26, 2011

Courage needed to protect whistleblowers

News article 

·         A. J. Brown 
·         From:The Australian 
·         June 24, 2011 12:00AM
·                     Share
IN 2007, the ALP made strong commitments to greater transparency in government, including the reversal of a draconian approach to whistleblowers.
In line with the report "Whistleblowing in the Australian Public Sector", launched by Special Minister of State John Faulkner in September 2008, a House of Representatives inquiry chaired by Mark Dreyfus QC recommended a comprehensive whistleblowing scheme, and new legislation.
The government announced its response to the inquiry in March last year, accepting the key recommendations including new rules for when wrongdoing could be the subject of further disclosure to the media.
However, that represents the last point at which anything is known about the content of the federal government's proposed bill.
In August, the minority Labor government was formed on the support of three independent members and the Greens.

Related Coverage

·         WikiLeaks: the Pentagon connection The Australian,1 Apr 2011
·         Assange blasts US bid for Twitter info The Australian,15 Feb 2011
·         WikiLeaks to get tax dodger data Adelaide Now,16 Jan 2011
·         Probe 'targets' WikiLeaks' tweeters Herald Sun, 8 Jan 2011
·         WikiLeaker not tech terrorist, says lawyerAdelaide Now, 20 Dec 2010
Two of these agreements included commitments to introduce legislation to protect whistleblowers and seek to have such legislation passed by June 30.
Almost four years since the new federal commitments, this self-imposed deadline is about to pass without the government having made any recent detectable progress. No alternative timetable for such a bill has been announced, nor any consultation between the government and key stakeholders on many outstanding issues.
If the timetable continues to slip, there is little prospect of these issues being resolved in time for the bill to be introduced, debated and passed by the present parliament. The past 10 months have seen a smaller breakthrough with the introduction of a federal shield law for journalists, strengthening their ability to protect the identity of confidential sources.
For many legislators, the shield law may appear to be a substantial step towards the protection of whistleblowers. However, it shields journalists from prosecution for contempt. It does nothing, at law, to protect whistleblowers from prosecution for releasing information.
The conflicted thinking of Australian leaders about the nature of public whistleblowing has also been demonstrated by inconsistent reactions to the online publisher WikiLeaks.
In December last year, after WikiLeaks's publication of a large volume of leaked US diplomatic cables, Australia's Prime Minister agreed with US leaders that WikiLeaks founder, Australian citizen Julian Assange, must have broken the law. This proved to be a premature over-reaction. Not only was the law Assange had broken not identified, but the Australian Federal Police could not identify him as having broken any law.
Now it is known that a US grand jury investigation is underway in Virginia, assessing whether charges can be laid not only against alleged whistleblowers, but against WikiLeaks for conspiracy to communicate or transmit national defence information in violation of the US Espionage Act.
However, here the attempt to police the conduct of the new media, and WikiLeaks in particular, has reached almost comic proportions. In August 2010, the Pentagon publicly called on WikiLeaks to do the right thing, and stop encouraging leaks.
However, this demand is close to absurd, because other media outlets continue to actively solicit confidential information, just as they have always done.
The Wall Street Journal's "safehouse" online drop-box tells whistleblowers that secret documents and databases "are the key to modern journalism, but they are almost always hidden behind locked doors, especially when they detail wrongdoing such as fraud, abuse, pollution, insider trading, and other harms; that's why we need your help".
In Australia, the ABC website says: "The ABC News Online Investigative Unit encourages whistleblowers, and others with access to information they believe should be revealed for the public good, to contact us. To leak a story, please fill out the form below and click the 'Send' button."
The standard now imposed on WikiLeaks is not one that has been, or can be, realistically imposed on any media organisation at least, not in any nation claiming to have free media and a commitment to liberal democracy.
The lesson for Australian law reform remains that there is no need to go down this road. Whether or not new rules are needed to regulate how and by whom confidential information is published, new rules are needed to govern when it may be disclosed without liability to the officials who disclose.
Automatic prosecution of leakers, irrespective of the public interest in the disclosure, is no longer a sustainable response as recognised by the Australian government's commitments to public interest disclosure legislation.
Faced with the challenges of the new media age, the responses reinforce the need to maintain a clear, long-term vision about the role of public whistleblowing.
Australian leaders need to hold their nerve and course in putting in place the type of public interest disclosure legislation to which they have committed.
Together these results make for a mixed report card. On one hand, Australian governments have been restating their in-principle commitments to transparency in government, and continuing to innovate in legislative and policy responses to whistleblowing in important respects.
On the other hand, key reforms also hang in the balance.
A.J. Brown is professor of public law at Griffith University. This is an edited extract of his paper Flying Foxes, WikiLeaks and Freedom of Speech to the International Whistleblowing Research Network conference under way in London.

Sunday, June 19, 2011

Whistleblowing systems … only 57% exceed minimum expectations

When it comes to a measurement of performance with respect to the key corporate governance tool of  established whistleblowing programs, one could hardly call 57% a pass mark. Yet that is what has been found by Regnan – Governance Research & Engagement in its study of 177 of the top 200 ASX listed companies. In fact, 2 out of 3 of the studied companies did not meet or just met the minimum expectations. The minimum expectations as defined by Regnan are:


• There is more than one reporting line option (unless that reporting line is clearly impartial e.g. the system is operated by an independent/external body)

 • Reports can be made both anonymously and confidentially.

 • Protection from retaliation is guaranteed, and

• All employees in all divisions have access to the system.

Paul Rogers of Regnan found 15% do not disclose anything about whistleblowing/reporting breaches; 8% do not meet requirements for having a whistleblower system; 21% have undeveloped systems and 23% have systems that meet minimum expectations. Rogers believes that whistleblower systems are one of the most important elements of an active business risk control program.

In response to the study, Peter Bowden, NSW President of Whistleblowers’ Australia was quoted to say Australian whistleblower legislation in the private sector is virtually non-existent”, adding “Australian whistleblower protection laws are about the worst in the English  speaking language”.

In recent weeks market research has highlighted the impact of corporate governance on the reputation of Australia’s leading companies. The AMR Corporate Reputation Index ranks companies on a range of criteria including corporate citizenship, corporate governance, innovation, products, leadership and workplace reputation.

The research concluded that as a result of the Mark McInnes sexual harassment allegations, David Jones had fallen from 18th to 49th on workplace reputation out of 60 companies ranked. DJ’s also fell from 8th to 41st on governance, 10th to 49th on leadership and from 8th to 25th overall. Conversely, Visy highlighted the capacity to regain public standing, albeit over a lengthy period, by being ranked 3rd in the survey’s corporate citizenship component recovering from 43rd in  2008 after the 2007 price fixing scandal. The top overall performer was JB Hi-Fi followed by Australia Post, Toyota, Nestle and Wesfarmers.



Reported in Vol 10 Issue 2 of Stopline , 2011