Critical approach concerning perceptions as to Dutch corruption and integrity, whistleblowers and party financing

1. Corruption,integrity, whistleblowers, financing of political parties Introduction for the delegation of the Republic of South Africa A.P.Ranner & P.Arlman August 31 2010 The Hague

2. Transparency International The Netherlands Position Score (out of 10) Bribery index 20083 and 4 8.6 Corruption perception index 20095 and 6 8.9 How would you assess your current government´s actions in the fight against corruption? Total Sample The Netherlands TRAC report 2009 Assesses the extent to which close to 500 leading listed companies have publicly reported the strategies, policies and management systems they have in place for combating bribery and corruption. The Netherlands 23, average score by country 17

7. Public has no recourse to criminal investigations records

8. Facilitation payments not included in definition of corruption Fighting Corruption (3) Shortcomings

11. Improve the protection of whistleblowers from the public as well as the private sector

12. Become more pro-active in fighting corruption and pay more attention to the follow-up of corruption cases

13. Bring penal law into line with UK and US anti bribery law and recommendations of CRECO and UNCAC

14. Make better use of existing anti-corruption instruments and improve reciprocal assistance in the field of corruption Fighting Corruption (4)

16. With due regard to democratic decision making and legitimacy

18. Code for accepting presents

19. Code of good conduct

20. Implementation regulation for whistleblowers

22. Training of moral judgements (ethical dilemmas)Requires implementation, monitoring and sanctioning of integrity policies and client screening

24. Opaque codes : small gifts, preference for acquaintances as suppliers

25. Civil servants having little knowledge of existing integrity regulations

26. Little knowledge of existing person of confidence

27. Only incidental training of moral judgement /dilemmas Training limited to highest ranking civil servants, public officials (mayors, alderman etc.) and recently council members

29. Develop transaction monitoring systems & client screening applications

30. Make integrity screening more important for new personnel

31. Appoint a compliance officer

32. Make compliance norms highly visiblePossible improvements

34. Signal gaps between individual and organisational norms

35. Advise individual civil servants

36. Report periodically (annually) on execution of integrity policies into organizational norms and processes as well its visibility to civil servants Possible improvements

38. Enables more attention for real commercial and fraudulent risks

39. Reduces costly legal procedures and reputation risks

40. Limits liability in the event of accidents

41. Limits government iniatives to create new legislation

42. Creates a positive shared company culture

43. Protects reputation

45. No integrity audits and no additional legal penal measures apart from increasing penalties

47. Increasedinternalauditingregardingintegrity

48. Integrity part of risk management

49. More effectiveinternalsanctions

50. Integrity more important aspect of culture

52. Business code of conduct

53. Reporting standards100 largest Dutch companies have business code of conduct

55. Strong commitment board of directors and CEO

56. High performance and high level of integrity

57. Spirit and letter of formal rules (legal and financial)

58. Voluntary adaption of global ethical standards

60. Commitment and consistent leadership that makes performance with integrity the foundation of the corporation

62. No direct cash payments to officials

64. Integrity Private sector (4 c) Cover: Conflicts of interest, Compliance with laws and regulations, Financial records and other internal information, Confidentiality, Accepting gifts and bribes, Reporting violations, Fair competition, Insider trading, Discrimination. Business code of conduct Effective: Comprehensive, morally justifiable, authentic and feasible

66. Formal inclusion in major decision making procedures

67. Internal audit reports on compliance per business unit

68. Performance evaluation criteria

69. External reporting about effectiveness

70. Background investigations on prospective employees.Business code of conduct

72. Make boards more independent and effective

73. Recognise role of whistleblowers: hotlines, protection Reporting standards

75. Confidential communication of wrong doings to trust officer

76. Easier filing complaints with external body: Commission integrity government

77. Financial allowance (fixed) for cost of civil procedures and legal assistance court proceduresWhistleblowers

79. New publication and education module trust officer

80. Next steps: National advisory and referral institute for whistleblowers from public and private sector Central communication point for breaches of integrity public sector Whistleblowers

84. one third dependent upon amount of membersIn total some € 13.6 million No buying of votes allowed: heavy penalties vote rigging

86. Publish sources of gifts and donations (transparency)

87. No obligatory party funding by chosen representatives

88. Subsidies for party, scientific bureau and junior member party organisationPressure of Parliament and Greco (Council of Europe) Desirable more attention for regulation of grants, more attention for transparency, supervision and sanctions. Returned to Council of Advisors for new reading / advice

90. Political parties should not be allowed to be involved in business transactions