News item | 13-12-2023 | 07:00
Safeguarding the integrity of decentralized administrators requires clear rules. A bill that contributes to this, among other things, by making a risk analysis mandatory before an appointment, is now ready for an internet consultation.
All Dutch people can read it and share their ideas about it.
Most provinces, municipalities and water boards already carry out a risk analysis before a director is appointed. They then look at matters such as current or discontinued secondary positions or business interests. In this way they identify possible risks and vulnerabilities. This bill now makes such an approach mandatory.
The bill also indicates what must be looked at in any case and how this should be done. Furthermore, it offers candidate directors clarity about what is being looked at, how personal information is handled and who has what role in this process. This way, candidate directors also know better what awaits them.
Financial interests
In addition, this proposal also provides clarity about how decentralized administrators should deal with any financial interests they may have. A director is expected to represent the public interest from his office. Having certain financial interests may create a risk that these are not compatible with proper job performance. The proposal therefore states that directors have no financial interests that conflict with their duties.
“Good and reliable public administration at all levels in the Netherlands is the highest good,” says Minister Hugo de Jonge of the Interior. “That also requires clear rules that help ensure this.”
This law is part of a complete package of measures to ensure this. For example, the Integrity of Public Administration memorandum was sent to the House of Representatives in April. It announced that for the first time in twenty years, the integrity rules for civil servants, administrators and representatives will be further strengthened. An Integrity handbook for municipalities, provinces and water boards followed in May. This helps local authorities, political parties and political office holders to promote their integrity policy and makes it clear what is and is not allowed.
We are currently also working hard on guidelines that will provide decentralized boards and administrators with guidance when there is an integrity issue with someone who has already been appointed. In the meantime, we can, for example, draw on the process agreements that the Aldermen’s Association has placed on its website.
Dutch Data Protection Authority
This bill concerns the period before someone takes up a position. The Council of Ministers has approved the (internet) consultation of the current proposal. It is now being submitted to the professional and interest groups in public administration. It will also be submitted to the Dutch Data Protection Authority. Other interested parties can give their response via www.internetconsultatie.nl. This is possible until Friday, February 16.