Acting in the public interest – a framework for analysis - ICAEW

2. INTRODUCTION2.1 Concepts of the public interestThere are at least two concepts of the public interest:• One concept applies the words literally: the public interest is thus anything of interest tothe public. However, matters that are for the public benefit are not necessarily the samething as matters which the public finds interesting. We do not regard the degree to whicha matter is thought ‘interesting’ as indicative of something being a public interest matterand do not dwell on this concept.• Instead we focus primarily in this report on a different usage of the concept – whengovernments, regulators and others intervene in the public interest in the course of peoplegoing about their own business in their own interest. Freedom to act in accordance withone’s own wishes is a key public want and interference with that needs a clear justification.Acting, or appearing to act, in the public interest is not a general requirement for all or indeedmost actions by individuals or organisations, However, some are required to do so as a result oftheir remit and others choose to do so through, for example, a sense of duty, or as a means ofenhancing their reputation and influence. As a result, the phrase ’in the public interest’ is usedby governments, politicians, regulators, lobby groups, professional bodies, journalists, activists,businesses in the public eye, academics and others to justify a wide range of policy proposalsand actions that affect more than a small circle of people. In addition individuals will sometimesover-ride normal convention (for example confidentiality of private dealings) because theybelieve that over-ride to be in the public interest.ICAEW is one of the professional bodies in that list, both in its own conduct and intentions andin its representations to governments and other regulators. An understanding of the conceptand how it is used is therefore critical to ICAEW directly, as well as to governments, otherregulators and others advocating an action in the public interest, and to the public whoseinterest is taken to be promoted by so many in their name.2.2 Usage of the public interestA brief trawl of the internet via a website search engine picks up numerous references to actionor inaction being justified ‘in the public interest’.Panel 2.1: Examples of usages of the public interest• ‘Not in the public interest’ to release picture of pub killer’. 1• ‘The primary objective of the Subordinate Legislation Act 1992 is to reduce the burden ofregulation on the Tasmanian community. The Act aims to ensure that only effective, efficientand necessary subordinate legislation is made and that, in cases where it imposes a costor burden on the Tasmanian community, it is justified as being in the public interest’. 2• ‘Preventive detention of a person in the public interest is justified and courts cannot interferewith it unless there are “exceptional” circumstances, the Supreme Court has said’. 3• ‘Not in the public interest to reopen the dispute between Western Cape Judge-President…and the judges of the Constitutional Court’. 4• ‘Sector consolidation may be against the public interest in many circumstances’. 5• ‘The High Court on Sunday ordered law enforcers not to requisition private vehiclesexcept in the public interest’. 61Eastern Daily Press, ‘Not in the Public Interest’.2Tasmania Department of Treasury and Finance, ‘Subordinate Legislation Act 1992’.3The Times of India, ‘ Preventive Detention in Public Interest is Justified: SC’.4Business Day, ‘Hlophe Rerun ‘Not in the Public Interest’, says JSC’.5Gosling, The Rise of the Public Services Industry.6Dhaka Mirror, ‘HC Forbids Vehicle Requisition Except in Public Interest’.10Introduction