Code of Practice
Public Service Values
The members of DLAAB must at all times:
- observe the highest standards of impartiality, integrity and objectivity in relation to the advice they provide and the management of this public body;
- be accountable to Parliament and the public more generally for its activities and for the standard of advice it provides; and
- in accordance with Government policy on openness, comply fully with the Code of Practice on Access to Government Information.
The Secretary of State for Work and Pensions is answerable to Parliament for the policies and performance of DLAAB, including the policy framework within which it operates.
Standards in Public Life
All board members must:
- follow the Seven Principles of Public Life set out by the Committee on Standards in Public Life (annexed);
- comply with this Code, and ensure they understand their duties, rights and responsibilities, and that they are familiar with the function and role of the DLAAB and any relevant statements of Government policy. New board members will attend relevant training or induction courses;
- not misuse information gained in the course of their public service for personal gain or for political purpose, nor seek to use the opportunity of public service to promote their private interests or those of connected persons, firms, businesses or other organisations; and
- not hold any paid or high-profile unpaid posts in a political party, and not engage in specific political activities on matters directly affecting the work of DLAAB. When engaging in other political activities, board members should be conscious of their public role and exercise proper discretion. These restrictions do not apply to MPs (in those cases where MPs are eligible to be appointed), to local councillors, or to Peers in relation to their conduct in the House of Lords.
Role of DLAAB Members
Members of DLAAB have collective responsibility for the operation of the Board. They must:
- engage fully in collective consideration of the issues, taking account of the full range of relevant factors, including any guidance issued by the sponsor department or the responsible minister;
- ensure that the Code of Practice on Access to Government Information (including prompt responses to public requests for information) is adhered to; agree an Annual Report; and, where practicable and appropriate, hold at least one meeting a year in public;
- respond appropriately to complaints, if necessary with reference to the Department for Work and Pensions; and
- ensure that DLAAB does not exceed its powers or functions.
Communications between DLAAB and the minister will generally be through the chair except where the board has agreed that an individual member should act on its behalf.
Individual board members can normally be removed from office by the minister if they fail to perform the duties required of them in line with the standards expected in public office.
The Role of the Chair
The chair has particular responsibility for providing effective leadership on the issues above. In addition, the chair is responsible for:
- ensuring that the board meets at appropriate intervals, and that the minutes of meetings and any reports to the Secretary of State accurately record the decisions taken and, where appropriate, the views of individual board members;
- representing the views of the board to the general public; and
- ensuring that new board members are briefed on appointment (and their training needs considered), and providing an assessment of their performance, on request, when members are considered for re-appointment to the board or for appointment to the board of some other public body.
Handling Conflicts of Interests
The purpose of these provisions is to avoid any danger of board members being influenced, or appearing to be influenced, by their private interests in the exercise of their public duties. All board members should therefore declare any personal or business interest which may, or may be perceived (by a reasonable member of the public) to, influence their judgement. This should include, as a minimum, personal direct and indirect pecuniary interests, and should normally also include, such interests of close family members and of people living in the same household. The register of interests should be kept up-to-date and be open to the public.
A declaration of any interest should also be made at any board meeting if it relates specifically to a particular issue under consideration, for recording in the minutes (whether or not a board member also withdraws from the meeting).
DLAAB members should not participate in the discussion or determination of matters in which they have an interest, and should normally withdraw from the meeting (even if held in public) if:
- their interest is direct and pecuniary; or
- their interest is covered in specific guidance issued by DLAAB or the Department for Work and Pensions which requires them not to participate and/or to withdraw from the meeting.
Personal Liability of Board Members
Legal proceedings by a third party against individual board members of advisory bodies are very exceptional. A board member may be personally liable if he or she makes a fraudulent or negligent statement which results in a loss to a third party; or may commit a breach of confidence under common law or a criminal offence under insider dealing legislation, if he or she misuses information gained through their position. However, the Government has indicated that individual board members who have acted honestly, reasonably, in good faith and without negligence will not have to meet out of their own personal resources any personal civil liability which is incurred in execution or purported execution of their board functions. Board members who need further advice should consult the Department for Work and Pensions.
* Indirect pecuniary interests arise from connections with bodies which have a direct pecuniary interest or from being a business partner of, or being employed by, a person with such an interest. Non pecuniary interests include those arising from membership of clubs and other organisations. Close family members include personal partners, parents, children (adult and minor), brothers, sisters and the personal partners of any of these.
