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Norway

Reducing Conflicts of Interests – Post-Employment Regulations (NO0030)

Overview

At-a-Glance

Action Plan: Norway Action Plan 2013-2015

Action Plan Cycle: 2013

Status: Inactive

Institutions

Lead Institution: The Ministry of Government Administration, Reform and Church Affairs

Support Institution(s): NA

Policy Areas

Conflicts of Interest, Legislation & Regulation

IRM Review

IRM Report: Norway End-of-Term Report 2014-2015

Starred: No

Early Results: Marginal

Design i

Verifiable: No

Relevant to OGP Values: Public Accountability

Potential Impact:

Implementation i

Completion:

Description

Norway will consider formalizing the three sets of post-employment regulations by law rather than as a clause in the employee’s contract of employment (or the appointment document for ministers and state secretaries).

IRM End of Term Status Summary

19. Reducing conflicts of interests – Post-employment regulations

Commitment Text:

[…] The regulations apply to those who have decided to take up a new post or have accepted duty outside the state sector or intend to start up a business. The aim of the regulations is to avoid conflict of interest, unfair competition and decrease of confidence in the state sector. The regulations may be imposed if there is a clause in the employee’s working agreement (or in the appointment document for ministers and state secretaries).

[…] In 2005, Norway also introduced regulations (temporary disqualification) for politicians moving to positions as top civil servants in the ministries.

COMMITMENT DESCRIPTION
Norway will consider formalizing the three sets of post-employment regulations by law rather than as a clause in the employee’s contract of employment (or the appointment document for ministers and state secretaries).

Responsible institution: Ministry of Government Administration, Reform and Church Affairs                                            

Supporting institution(s): None

Start date: Ongoing           End date: 1 July, 2014

Editorial note: The text of the commitments was abridged for formatting reasons. For the full text of the commitment, please see http://bit.ly/1QlVIja.

Policy Aim

The IRM researcher found the policy aim of this commitment to be unclear and was not able to gain clarity from focal points for the commitment.[Note 104: Daniel Møgster (Higher Executive Adviser, KMD), interview by Christopher Wilson and Lene Olsen, phone interview, March 16, 2016.] On the basis of desk research and contextual information, the IRM researcher understands that this commitment is aimed to address the danger of the inappropriate influence of lobbyists on political processes, by virtue of their previous positions in governmental positions. These issues became prominent in Norwegian media after certain lobbying firms attracted attention for perceived corruption, including alleged efforts to influence local procurement processes,[Note 105: ”Økokrim mistenker Troms Kraft for grov korrupsjon,” Aftenposten, accessed October 11, 2016, http://www.aftenposten.no/okonomi/Okokrim-mistenker-Troms-Kraft-for-grov-korrupsjon-102296b.html. See also, “Oslo-politikere selger hemmelige PR-tjenester,” Aftenposten, accessed October 11, 2016, http://www.aftenposten.no/osloby/Oslo-politikere-selger-hemmelige-PR-tjenester-143701b.html.] and making payments to local politicians.                          

Status

Mid-term: Complete

The government submitted to the parliament a legal amendment to the Norwegian Post-Employment Regulations in December 2014, thereby fulfilling the commitment. For more information, please see IRM Progress Report 2013-2014.

Did it open government?

Public accountability: Marginal

This commitment was to review rules regarding post-public sector employment and, as such, was a positive first step towards establishing clear rules for political quarantine and preventing the perceived or real abuse of political position in the Norwegian political context. A new law on political quarantines was passed on January 1, 2016[Note 106: ”Karantenenemnda,” Ministry of Local Government and Modernisation, accessed September 8, 2016, https://www.regjeringen.no/no/dep/kmd/org/styrer-rad-og-utvalg/karantenenemnda/id611309/.   ] and represents a positive outcome from the consideration process described in this commitment. Media representatives interviewed for this report noted that government efforts to quarantine lobbying and political offices has been underway for several years and that this law replaced an existing law with the same objective. Interviewees also referenced conflicting opinions about whether the new law was a meaningful improvement. These interviews suggested disagreement in civil society as to whether the new law introduced new substantive components or mechanisms that significantly improved potential for public accountability, or whether it simply “gave new names” to existing regulatory mechanisms.[Note 107: Nils Øy (Special Adviser, Norwegian Press Association), interview by Christopher Wilson, in-person meeting, Offices of the Norwegian Association of the Press, September 1, 2016 and Siri Gedde-Dahl (Chair, Norwegian Committee for Access to Information (Offentlighetsutvalget)), interview by Christopher Wilson, in-person meeting, Offices of the Norwegian Association of the Press, September 1, 2016.]  

Carried forward?

This commitment has not been carried forward in the Norwegian government’s third national action plan, which is available on the OGP website.[Note 108: ”Norway’s third action plan Open Government Partnership (OGP),” Ministry of Local Government and Modernisation, accessed September 4, 2016, http://www.opengovpartnership.org/wp-content/uploads/2001/01/Norway_2016-17_NAP.pdf.]

Commitments

  1. Archiving Documents

    NO0054, 2019, Capacity Building

  2. Making Energy Statistics Available

    NO0055, 2019, E-Government

  3. e-Access and Expansion

    NO0056, 2019, Civic Space

  4. Open Cultural Data

    NO0057, 2019, E-Government

  5. Digital Spatial Planning

    NO0058, 2019, E-Government

  6. Streamline Public Procurement

    NO0059, 2019, E-Government

  7. Preventing Corruption

    NO0060, 2019, Anti-Corruption Institutions

  8. Beneficial Ownership Registry

    NO0061, 2019, Beneficial Ownership

  9. User Orientation

    NO0045, 2016, Capacity Building

  10. Electronic Public Records (OEP)

    NO0046, 2016, E-Government

  11. Transparency Regarding Environmental Information

    NO0047, 2016, E-Government

  12. Starred commitment Disclosure of Financial Data

    NO0048, 2016, E-Government

  13. Transparency Regarding Rainforest Funds

    NO0049, 2016, E-Government

  14. State Employees’ Ownership of Shares

    NO0050, 2016, Anti-Corruption Institutions

  15. Promote Freedom of Expression and Independent Media

    NO0051, 2016, Civic Space

  16. Country-By-Country Reporting

    NO0052, 2016, Extractive Industries

  17. Register for Ultimate Beneficial Ownership

    NO0053, 2016, Anti-Corruption Institutions

  18. Public Review and Public Consultation

    NO0020, 2013, Capacity Building

  19. Registering and Preserving Digital Documentation Produced by Public Bodies

    NO0021, 2013, E-Government

  20. The Norwegian Citizen Survey (Innbyggerundersøkelsen)

    NO0022, 2013, Public Participation

  21. Whistleblowing

    NO0023, 2013, Whistleblower Protections

  22. Strengthened Information Exchange for More Efficient Crime Prevention and Combating

    NO0024, 2013, Justice

  23. Strengthening the Transparency of Public Authorities and Administration

    NO0025, 2013, Capacity Building

  24. Egovernment with an End-User Focus

    NO0026, 2013, E-Government

  25. Plain Legal Language

    NO0027, 2013, Capacity Building

  26. Norwegian Grants Portal (MFA)

    NO0028, 2013, Aid

  27. An International Convention or Agreement on Financial Transparency

    NO0029, 2013, Private Sector

  28. Reducing Conflicts of Interests – Post-Employment Regulations

    NO0030, 2013, Conflicts of Interest

  29. Centre for Integrity in the Defence Sector

    NO0031, 2013, Security

  30. A Better Overview of Committees, Boards and Councils – More Public Access to Information and Better Opportunities for Further Use

    NO0032, 2013, E-Government

  31. Modernizing Public Governance

    NO0033, 2013, Capacity Building

  32. Transparency in the Management of Oil and Gas Revenues

    NO0034, 2013, Extractive Industries

  33. Transparency in the Management of the Government Pension Fund (GPF)

    NO0035, 2013, E-Government

  34. Transparency and Anti-Corruption Efforts

    NO0036, 2013, Anti-Corruption Institutions

  35. The Municipal Sector

    NO0037, 2013, Education

  36. “Simplify” (“Enkelt Og Greit”)

    NO0038, 2013, E-Government

  37. Electronic Public Records (OEP) – (Offentlig Elektronisk Postjournal)

    NO0039, 2013, E-Government

  38. Re-Use of Public Sector Information (PSI)

    NO0040, 2013, Capacity Building

  39. Access to Health Data

    NO0041, 2013, E-Government

  40. Renewal of the Government’S Website (Regjeringen.No – Government.No)

    NO0042, 2013, E-Government

  41. Declaration of Principles for Interaction and Dialogue with NGOs

    NO0043, 2013, Capacity Building

  42. Simplification and Digital Administration of Arrangements for NGOs

    NO0044, 2013, Capacity Building

  43. An Open Public Sector and Inclusive Government

    NO0001, 2011, Capacity Building

  44. Measures to Promote Gender Equality and Women’S Full Participation in Civic Life, the Private Sector, the Public Administration and Political Processes.

    NO0002, 2011, Gender

  45. Gender Equality – Participation in the Private Sector

    NO0003, 2011, Gender

  46. Increase Women's Representation in Local Government

    NO0004, 2011, Gender

  47. Gender Equality Program

    NO0005, 2011, Gender

  48. Gender Equality – Inclusion of Immigrant Women

    NO0006, 2011, Gender

  49. Gender Equality – Combat Gender Stereotypes

    NO0007, 2011, Gender

  50. Gender Equality – Youth Initiatives

    NO0008, 2011, Gender

  51. Gender Equality – Combat Domestic Violence

    NO0009, 2011, Gender

  52. Transparency in the Management of Oil and Gas Revenues / Financial Transparency

    NO0010, 2011, Aid

  53. Transparency in the Management of Oil and Gas Revenues / Financial Transparency – Government Global Pension Fund

    NO0011, 2011, Fiscal Transparency

  54. Transparency in the Management of Oil and Gas Revenues / Financial Transparency – Combat Tax Evasion

    NO0012, 2011, Fiscal Transparency

  55. Transparency in the Management of Oil and Gas Revenues / Financial Transparency – Multi-National Companies

    NO0013, 2011, Fiscal Transparency

  56. An Open Public Sector and Inclusive Government – Create Central Communication Policy

    NO0014, 2011, Fiscal Transparency

  57. An Open Public Sector and Inclusive Government

    NO0015, 2011, E-Government

  58. An Open Public Sector and Inclusive Government – Public Data Use

    NO0016, 2011, Public Participation

  59. An Open Public Sector and Inclusive Government – National Statistic Publication

    NO0017, 2011, Open Data

  60. An Open Public Sector and Inclusive Government – National Public Opinion Survey

    NO0018, 2011, Records Management

  61. An Open Public Sector and Inclusive Government

    NO0019, 2011, Public Participation