MLAs Jim Wells and Steve Aiken face ‘bullying and intimidation’ claims from top civil servant

Bill Pauley is head of the Strategic Policy and Reform Directorate, a group within Conor Murphy’s Department of Finance (DoF) which is tasked with improving performance of the whole civil service.

He came before Stormont’s finance committee on June 17 of this year, and has now complained about the conduct of committee members Jim Wells and Steve Aiken.

The focus of the hearing was Jim Allister’s “Functioning of Government (Miscellaneous Provisions) Bill”; a piece of law which the TUV man says is aimed at eliminating the kind of government culture which led to the RHI catastrophe.

It would – among other things – make it an offence for ministers, civil servants or special advisers (SPADs) to use private email accounts to keep government business of the official record, and place curbs on the appointment of SPADs (whose conduct was put under the spotlight during the inquiry into RHI).

Mr Pauley indicated to the committee that Conor Murphy believes mere written codes – rather than an actual law – could “sufficiently address the issues”.

Mr Pauley at one point made reference to the ‘New Decade New Approach’ deal (which had emerged out of long-running political talks, and led to Stormont being resurrected).

He said that the deal had “recognised the need for a new approach as well as transparency about and accountability for what happened in the past”.

Mr Allister was the first to react, saying “the department’s basic stance is: ‘Even though they failed us in the past, codes are enough’.”

Mr Pauley began to respond and UUP leader Dr Aiken – the committee chairman – interjected.

He said: “Every time I hear an official say, ‘This was agreed between the party leaders and by the parties as part of New Decade New Approach’, I say that it was not.

“That is not what was agreed, and, clearly, the UUP never signed up to what ended up in ‘New Decade New Approach’.

“As a party leader, I never signed up to it.”

Emphasising his point with waves of his hand, Dr Aiken said: “Let us make that abundantly clear right now. I do not what to hear that put in front of the committee again.

“I am sorry for being angry, but I am getting really fed up with this.”

‘YOU ARE DYING IN A DITCH OVER THIS IDEA’:

Mr Pauley continued, and so did Dr Aiken and Mr Allister, asking him detailed questions about the department’s stance.

Mr Allister put it to Mr Pauley that, when it comes to hiring SPADs, instead of making their appointment process open to the Assemblyhis department wants to continue seeing them hired “behind people’s backs”.

At this point, Jim Wells of the DUP asked Mr Pauley: “Do you want to phone a friend?”

Dr Aiken asked Mr Wells to withdraw that remark, which he did.

Both Mr Wells and Dr Aiken apologised for it, with the latter telling the former: “That is beneath you, Jim.”

Mr Pauley repeated that “as an overarching position, we do not believe that legislation is required in this area or around it”.

He also stressed that he was only present “to represent the view of our minister”, not his own personal views.

When it came to holding politicians to account in the newly-revived Assembly, Mr Allister said “giving the function to an independent standards commissioner would be far more presentable and acceptable... than giving it to three hand-picked commissioners who cannot even compel documents or evidence or take evidence on oath?”

Such commissioners would be “toothless,” he argued.

A second civil servant, David Hughes of the DoF, began to speak, saying that he wanted to set out how such systems work outside of NI.

But he was was stopped by Mr Allister and Dr Aiken, who both said they wanted the focus to stay on NI.

They pointed to the RHI catastrophe as a reason why NI’s system in particular needs reform.

Sinn Fein MLA Maolisa McHugh said Dr Aiken and Mr Allister were being “downright rude”, and that he was “embarrassed” at the treatment of Mr Pauley.

Dr Aiken said: “I apologise if I have embarrassed anybody.

“But, yet again, I state that this is about Northern Ireland and I am not taking any more lectures or being told that we are in a unique situation, and then it being explained that we are not.”

Jim Wells later put this to Mr Pauley: “You have watched this place collapse for years on the back of absolutely appalling behaviour by SPADs.

“You are now sitting here advocating no real change other than a slightly beefed-up code to cover the affairs of SPADs.

“You have looked uncomfortable throughout the hearing Mr Pauley.

“You are a gentleman of vast experience. You have been around here longer than me, and that is saying something.

“Are you uncomfortable with some of the things that you are being asked to say here this afternoon?”

“No,” replied Mr Pauley. “I am comfortable with the basis of New Decade New Approach.

“People said that in light of the things that had happened, there had to be change.”

Mr Wells added: “The whole argument that you are dying in a ditch over — I think that you are very uncomfortable about dying in a ditch about this — is whether there should be a statutory code or legislation. We are all dancing on the head of that pin.

“The best legislation is legislation that never has to be used because it is a deterrent.

“You have not convinced me that we could not have the best of both worlds: a statutory code and, overarching that, legislation.

“Then when somebody steps out of line you have that ultimate deterrent of a court case, with all the evidence having to be collected, the cross-examination, and the disclosure of all documents.

“That is a real deterrent – far more so than any civil service investigation.

“Why can you not accept your idea of a code and Mr Allister’s overarching legislation? What is wrong with that?”

Mr Pauley said: “I have addressed a question previously as to whether I was uncomfortable with deviating from the basis and principles for which I am here, which is that I am under the direction of my minister.”

The session wore on, and when it drew to a close Dr Aiken said to both civil servants present: “I know that we have probably been slightly more robust with you than we would like to be.

“Please take an apology from me for that.”

THE CLAIMS AGAINST THE MLAs:

In his written complaint to Stormont’s Standards Commissioner, Mr Pauley wrote: “On numerous occasions during this session, contrary to the Assembly Principles of Conduct, I was treated with a lack of respect...

“I was subjected to unreasonable and excessive personal attack throughout this evidence session.”

He noted that Steve Aiken had initially apologised for getting angry, but added that “the unacceptable behaviour did not stop... for example he later intervened again in an angry and aggressive manner to say he did not want evidence presented on what happened in other areas [outside of the jurisdiction]”.

He said this amounted to “bullying behaviour” which made him “extremely uncomfortable throughout the 90 minute hearing”.

He also said that he faced questions of an “unacceptable personal nature” from Mr Wells, as well as “snide interventions”, stating that Mr Wells was “deliberately trying to undermine the relationship between a civil servant and the minister”.

Summing up he said he had faced “unreasonable and excessive personally threatening behaviour” which left him “intimidated and meant I was unable to deliver my evidence effectively” – concluding that “their conduct... has brought Assembly in to disrepute”.

The News Letter contacted both Mr Wells and Dr Aiken, but neither would comment.

The standards commissioner Dr Melissa McCullough meanwhile said: “The law prohibits me from confirming or denying that a complaint against a particular MLA has been received or from disclosing any information on any complaint under investigation. All admissible complaints I receive are investigated thoroughly.”

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