Pension funds, quasi-trustees and statutory guidance

2020 ◽  
Author(s):  
Zia Akhtar

Abstract In an important decision for public law, the Supreme Court has ruled that ministerial guidance, given to administering authorities to oversee investment of Local Government Pension Scheme (LGPS) funds on how to discharge their powers, is unlawful. All five judges accepted that administering authorities owe “quasi-trustee” duties to LGPS members (in the area of investment) and that, as the law stands, the Secretary of State’s powers are limited by these overriding duties. However, only three judges accepted that the Public Service Pensions Act 2013 did not allow central government policy to be “imposed” on LGPS funds. The two dissenting judges stated that the public interest component of the 2013 Act was significant, and, under certain circumstances, central government could legitimately seek to align LGPS fund investment with government policy. The consequence of the ruling is that the Government will not be able to interfere in the ethical investment decisions of LGPS and their members, and the principle from the Padfield case that a discretionary power granted in legislation can never be completely unfettered and must be exercised in accordance with the purpose of the legislation has been upheld.

2011 ◽  
Vol 3 (1) ◽  
pp. 57-69 ◽  
Author(s):  
Axel Bruns ◽  
Adam Swift

The recognition that Web 2.0 applications and social media sites will strengthen and improve interaction between governments and citizens has resulted in a global push into new e-democracy or Government 2.0 spaces. These typically follow government-to-citizen (g2c) or citizen-to-citizen (c2c) models, but both these approaches are problematic: g2c is often concerned more with service delivery to citizens as clients, or exists to make a show of ‘listening to the public’ rather than to genuinely source citizen ideas for government policy, while c2c often takes place without direct government participation and therefore cannot ensure that the outcomes of citizen deliberations are accepted into the government policy-making process. Building on recent examples of Australian Government 2.0 initiatives, we suggest a new approach based on government support for citizen-to-citizen engagement, or g4c2c, as a workable compromise, and suggest that public service broadcasters should play a key role in facilitating this model of citizen engagement.


2020 ◽  
Vol 3 (1) ◽  
pp. 55-66
Author(s):  
Coni Wanprala ◽  
Isnaini Muallidin ◽  
Dewi Sekar Kencono

At present the development of technology and information has reached a very rapid level. Technology and information are used as a service media in the government environment which is also known as e-Government, one of which is the service of public information disclosure. The central government through Law No. 14 of 2008 concerning Openness of Public Information, encourages all Public Agencies including the Sleman Regency Government to make transparency in the administration of the state by utilizing information technology. This research is a qualitative descriptive study which aims to describe the reality that occurs. The object of research in this study is the official website of the Information and Documentation Management Officer (PPID) of Sleman Regency with the domain https://ppid.slemankab.go.id then the Sleman Regency Communication and Informatics Office as the organizer of the public information disclosure program. The data collection technique itself is carried out by means of interviews, documentation studies, and field observations (observations). After collecting and presenting data, then the data will be reduced first then analyzed and concluded. From the results of the study, in general the researchers concluded that the Sleman Regency PPID website had reached the level of qualification to become a quality website, however there were still some improvements and evaluations that had to be done by the relevant agencies in order to be better, namely (i) the website was still being assessed as a one-way service (ii) There are still many OPDs that are not ready to implement PPID (iii) data and information are still not updated (iv) lack of responsiveness of services in requests for information.


2016 ◽  
Vol 10 (4) ◽  
pp. 770-786 ◽  
Author(s):  
Chunkui Zhu ◽  
Chen Wu

Purpose This paper aims to examine different hypotheses concerning the effects of public service motivation (PSM) and other attitudinal or institutional dimensions on organizational performance (OP). Specifically, based on the experience of Chinese provincial governments, this study provides new evidence about how PSM may affect OP. Design/methodology/approach This study collected data from a survey of different provincial government departments in Sichuan Province, Hubei Province, Hunan Province and Chongqing Municipality in 2011. Using data from 761 respondents, Pearson correlation analysis and regression analysis were used to explore the relationships between related factors. Findings PSM, job satisfaction, affective commitment and job involvement have statistically significant effects on OP, and these results are consistent with the findings of previous researches that PSM positively affected OP at a significant level. The results suggest that, if civil servants have a strong PSM, the performance of their organizations will be high. Research limitations/implications Future research should look for additional factors that affect OP, comparing employees’ perceptions of an organization’s performance with objective data to determine whether, and to what degree, subjective measures of performance are valid measures of OP in the public sector. Practical implications In the process of improving government performance, it is significant to give attention to the government employees’ mentality. The government training and promotion system should encourage civil servants to care about the public interest. A more flattened organization should be considered as part of the next steps in government reform, and more opportunities should be provided to involve more government employees in policy making. Originality/value This study helps to clarify the effects of individual factors of PSM on OP in China in a tightly controlled bureaucratic environment, where related data are hardly accessible.


2014 ◽  
Vol 4 (1) ◽  
pp. 23
Author(s):  
Tawanda Zinyama ◽  
Joseph Tinarwo

Public administration is carried out through the public service. Public administration is an instrument of the State which is expected to implement the policy decisions made from the political and legislative processes. The rationale of this article is to assess the working relationships between ministers and permanent secretaries in the Government of National Unity in Zimbabwe. The success of the Minister depends to a large degree on the ability and goodwill of a permanent secretary who often has a very different personal or professional background and whom the minster did not appoint. Here lies the vitality of the permanent secretary institution. If a Minister decides to ignore the advice of the permanent secretary, he/she may risk of making serious errors. The permanent secretary is the key link between the democratic process and the public service. This article observed that the mere fact that the permanent secretary carries out the political, economic and social interests and functions of the state from which he/she derives his/her authority and power; and to which he/she is accountable,  no permanent secretary is apolitical and neutral to the ideological predisposition of the elected Ministers. The interaction between the two is a political process. Contemporary administrator requires complex team-work and the synthesis of diverse contributions and view-points.


2015 ◽  
Vol 5 (1) ◽  
pp. 157
Author(s):  
Bernard Oladosu Omisore ◽  
Oyende Adeleke A.

Performance of the Nigerian public service has been a major concern to policy makers and researchers alike. This is because despite all measures put in place to arrest the ugly trend, it seems, it has defied all approaches towards tackling the problem of inefficiency and capacity collapse. Work ethics, attitudes and values can be influenced by the organization, through interventions like training, motivation and coaching, etc. However, they cannot be changed forcibly because they are intrinsic. It is, therefore, of fundamental importance that public functionaries act justly and fairly to all, not only paying lip service to ethical conduct but also ensuring that these are manifestly and undoubtedly seen to be done. This paper discusses the challenges of work ethics, values, attitudes and performance in the Nigerian public service. The major causes of unethical conduct in the public service were identified and the institutional mechanisms established by the government to curb these unethical behaviours were examined. This paper adopted content analysis as a method of data gathering and analysis. It suggested viable options for effective and efficient service-oriented public service. 


Author(s):  
Pandelani H. Munzhedzi

Accountability and oversight are constitutional requirements in all the spheres of government in the Republic of South Africa and their foundation is in the Constitution of the Republic of South Africa of 1996. All spheres of government are charged with the constitutional mandate of providing public services. The level of responsibility and public services provision also goes with the level of capacity of a particular sphere. However, most of the direct and visible services that the public receives are at the local sphere of government. As such, enormous resources are channelled towards this sphere of government so that the said public services could be provided. It is imperative that the three spheres of government account for the huge expenditures during the public service provision processes. The parliaments of national and provincial governments exercise oversight and accountability over their executives and administrations through the Public Accounts Committees, while the local sphere of government relies on the Municipal Public Accounts Committees. This article is theoretical in nature, and it seeks to explore the current state of public accountability in South Africa and to evaluate possible measures so as to enhance public accountability. The article argues that the current public accountability mechanisms are not efficient and effective. It is recommended that these mechanisms ought to be enhanced by inter alia capacitating the legislative bodies at national, provincial and local spheres of the government.


2021 ◽  
Vol 5 (2) ◽  
pp. 41-51
Author(s):  
Ramthanpuia Pachuau

The initiatives of Citizen’s Charter are an effort in solving citizen’s problems that they encounter regularly over a long time while dealing with the government or any other organizations. It is a document of an official statement that ensures the accountability of the organization and their commitment towards the citizen in providing the quality of service. The charter aimed to revolutionize public service by empowering the people who were so long regarded as a silent spectator and a mere receiver on the government policies and programmes. In a democratic country, citizens have become more vocals towards the government responsibilities and they expect the administration not only to respond to their demands but also to foresee their needs in the future. In India, the Department of Administrative Reforms and Public Grievances in Government (DARPG) is in charge of organizing, directing, formulating, and operationalizing Citizen's Charters at the Central Government as well as States Government. However, the fulfillment of Citizen’s Charter in India faced many difficulties due to its government bureaucratic structure and resistant to change in its working system.


2006 ◽  
Vol 31 (4) ◽  
pp. 77-85
Author(s):  
Hui-min Wang ◽  
Leslie L. Shieh

In Taiwan, particularly in rural settlements, the temple serves as the religious and social centre. In the past 30 years, as Taiwan experienced rapid economic growth, modernizing temple architecture was something worshipers viewed as the newest and best offering. Many old temples were demolished entirely or in parts to build larger temples using modern materials and construction methods. In the early 1990s, finding the old temple too small to fulfil the large number of worshipers from outside the community, the Chen-An Temple Association proposed to raise funds for a new temple. It commissioned a Japanese architecture firm, well known for several public projects in I-Lan, to design the new temple. The design partially preserved the old temple building, integrating it into the landscape design of the new temple. At the time, the central government cultural bureau was promoting the preservation of community historic spaces, and at first had agreed to give funding. However, after reviewing, funding was refused because the jurors had failed to see community involvement in the design. It was under these circumstances that the Er-Jie community invited our organization to work with them, in hope that by bringing in a new perspective, the original scheme could be altered to satisfy government funding. Through a nine month participation process, the community realized that what meant the most to them about the old temple was the public square defined by the temple building, the large canopy of the Banyan trees, and the social activities that took place there. After much deliberation and numerous design workshops with the architects of the new temple, the resulting design preserved the entire old temple building by moving it to an unused space across from its current location; and to recreate the character of the temple square through attention to design elements. Our work in Er-Jie demonstrated that although language is a vital part of preservation efforts, most community members do not have a grasp of the planning and design language, including words, drawings, body language, and actions. Not having adequate language ability leads to misunderstanding, prevents one’s voice from being heard, and creates obstacles in dialogue. In retrospect, the lack of a common language was the cause of many of the difficulties and issues we confronted during the project. There were five key players in the project -the government, the Chen-An Temple Association, the community, the architects, and us. The participation process was about encouraging a common language. Through the process, we observed a rise in the community’s confidence, as they were increasingly able to share their thoughts with and define their values to the others involved. Accordingly, we were able to draw from the community that the temple square was what they valued most. The end product of the preservation effort is more than a conserved temple building. The revitalization effort also preserved the meaning the public square holds for the community. For the community, temple preservation is about public space because of the cultural and historical attachments the local residents have to that space. Revitalization is about providing the opportunity for the community to redefine the role of the building given the community’s current needs. The success of the conservation effort can be measured by the effect the process has on the community. Following the preservation of the Chen-An Temple, the community led the restoration of a waterway that runs through their community. As the community became more comfortable with the language of participation, preservation, space, and design, there emerges a preservation and environmental design consciousness in the community.


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