He Mana Tō Te Kupu: Free and Frank Advice

27/11/2023

As some of you know I am getting close to finishing my PhD on free and frank advice: what it is, why it matters and which institutions enable it and which institutions are a barrier. By “close” I mean closer than I was yesterday.

Here are some thoughts on free and frank advice for those of you working in public policy right now. I hope you find it useful.

First, and foremost, he mana tō te kupu – words hold great power. People who don’t think words matter, ought not be advising ministers. And public servants who don’t understand that the origin of free and frank advice lies in minister’s rights to discreetly, collectively and confidentially explore ideas together before they make a decision, ought not be advising ministers either. Free and frank advice is priviledged and protected to support the prudent and unpretentious thinking of government: it is not free speech.

Second, the most precious commodity for ministers right now is not information – information is abundant. Nor is it knowledge – there is an oversupply of advice – most of it from non-public service actors who have strong opinions, long-held views, a narrow interest, and no accountability for implementation. That said the most valuable commodity ministers have right now is time. They are in a hurry. They want to implement their plans. They want it done now. They want announceables. They think the public service can work much faster than is realistic. So when preparing to brief ministers, think about how little time they have to absorb your advice.

Third, the best ministers would rather hear the bad news and unhappy reports immediately, so long as the advice is well-reasoned, supported by data and argument, and presented without rancour, value judgments, or arrogance. Be suggestive, not confrontational. Be honest, not political. Inform don’t promote or defend.

Four, suppose you want your advice to be part of the routine and rhythm of the new government. In that case, you need to have something to say. It needs to add value to the role and strategy – dare, I say “lists” – outlined in the government’s coalition agreements. The advice needs to also be a product that those same people cannot get anywhere else.

Five, the best public policy advisers are self-aware enough to recognise they are optional extras. They keep their personal bias in check. They know they are guests at someone else’s dinner party. And, like any guest who wants to be invited back, they don’t get drunk and spill the wine, they don’t insult the host or criticise the menu or the food, and they don’t overstay their welcome. The best public policy advisors understand their constitutional role and their responsibility to serve the goals of the current government, while keeping an eye on the public interest.

Finally, keep in mind non-public service actors like myself, do not have a constitutional role in offering free and frank advice. At the end of the day, we are not accountable for delivery, so have a tendancy to be indifferent and unconcerned about the politics and political authorising environment. Or, in contrast, deeply concerned about it, so as to get a narrow, often ineffective policy win for a client. In contrast, public servants enjoy the right to use the privileged and protected voice of free and frank voice, but in a regulated way. For the right to speak freely and frankly, ministers can at a minimum expect that advice to have all the hallmarks of good quality advice: that includes being based on sound analysis, being non-partisan, not one’s personal opinion, free from bias, and presented in way where it can be heard and listened too. Being heard means the advice reflects the minister’s understanding. Being listened too follows after understanding has been built, and both sides trust and have confidence in one another. So that means free and frank isn’t just a product, or a hero moment where the truth sets everyone nor is it free speech. It’s a wairua. It’s a dynamic. It iterates. It also needs constant care and attention. It has consequences. And ministers are the regulators.

Good luck tatau.