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

This highlights that there may be political or other practical reasons why what might be theoptimum public interest outcome cannot be delivered.Where such considerations do affect the outcome, long-term reputation is likely to suffer less byacknowledging that there are practical considerations which have changed the outcome, ratherthan contrive an argument that the sub-optimal (from a public interest perspective) outcome isactually in the public interest.4.6 Use of the framework for non-public interest mattersEven if the issue is not a public interest matter, the framework may still be useful to an advocateof an action that involves a wider range of people than can be communicated with directly.However, the justification used should fit the purpose. Other alternatives might include, forexample:• acknowledgement that the matter is for the benefit only of a few, but obtaining agreementfrom those disadvantaged by including compensation in the arrangements; or• arranging the matter as something that people can opt in to or opt out of.4.7 Chapter summaryThe use of the concept of the public interest as justification will present a challenge. Itshould be used only where it needs to be used and where it can be supported by addressingsatisfactorily the matters raised in this frameworkThe public interest is an abstract notion; to argue and be able to hold out that an action (orinaction) is in the public interest can require consideration of a number of complex factorsand it imposes a burden of proof on the advocate of the action. Flaws in the argument or theoutcome can rebound upon the reputation of the advocate, which will harm acceptance offuture matters asserted to be in the public interest. Alternative means of justification may bepreferable, where much of the public is scoped out, or can opt out.Matters to consider when deciding whether to use a public interest justification include:• the purpose of seeking to invoke the public interest;• whether the matter is really intended to be for the benefit of society, as represented by therelevant public – this will involve a wide section of the public, whether they like it or not;• whether the locus or remit of the advocate of the action permits or requires a publicinterest perspective; and• whether political or other practical considerations are likely to result in a sub-optimaloutcome form a public interest perspective.Even if the issue is not a public interest matter, the framework may still be useful to thoseadvocating an action that impacts upon a fairly wide group of people, but the justification usedshould fit the purpose.It is important to consider whether the likely debate would be about what is in the publicinterest: it may instead be about different expectations of what is likely to happen in the future.Applicability of the public interest31