Yes Minister’s Sir Humphrey Appleby once advised his Minister that “nothing must be done for the first time” because “doing the ‘right thing’ once could create a dangerous precedent, obligating one to do it again.” Therefore, he argued it was best to do nothing at all, thereby avoiding setting any precedent.
In
advice to Parliament’s Education and Workforce Select Committee in August
regarding a petition calling for volunteer firefighters to receive the same coverage
as employed firefighters, the Ministry of Business Innovation and Employment
and the Accident Compensation Corporation jointly argued that “Expanding
work-related cover to volunteer firefighters would be complex to implement.
Work related cover is only available for injuries that are caused by work. ACC
would continue to need sufficient evidence that a work-related mental injury,
disease or infection was caused by the work tasks carried out. This would be
less clear cut than it is for paid employees.”
In
other words, do nothing. The principle that experienced volunteer firefighters exposed
to the same level of risk should receive the same level of ACC coverage as their
employed counterparts if injured or exposed to the same carcinogenic risks while
doing the same job is apparently too difficult to comprehend. Or that paid
firefighters who are fully covered as employees would not be covered if they
were working in a voluntary capacity. Therefore, best to do nothing. Advice
straight out of Sir Humphrey’s textbook.
It
is little wonder so many politicians consider the Yes Minister series was far
more a documentary than a comedy. The tragedy is that the attitudes and
bureaucratic behaviours it pilloried so savagely in the 1980s are still alive and
well in the public service over 40 years and several public sector reform
rounds later.
The
joint MBIE/ACC advice picks up on Sir Humphrey’s ‘right thing’ warning. They
advised the select committee that if the law was changed to broaden ACC
coverage for volunteer firefighters, it would have to be extended to include other
emergency service volunteer workers such as Surf Lifesaving New Zealand,
Coastguard, Land Search and Rescue, St Johns and Wellington Free Ambulance. Well,
yes that is obvious and has never been denied by the petition’s sponsors and
the United Fire Brigades Association. But it is hardly a valid reason to
continue to do nothing.
MBIE
and ACC did however concede that the cost of extending coverage to volunteer
firefighters would be only $244,533 annually, but then, lest that might
persuade MPs to support the petition, quickly fell back on the tried and true
‘thin end of the wedge’ argument. Again, Sir Humphrey would have been very
pleased that his advice was being followed.
The
sad thing is that while Sir Humphrey’s observations were made in the world of
fiction, there are real people suffering today because of the lack of ACC
coverage that MBIE and ACC so staunchly defend. If these agencies were
genuinely concerned about the categories of volunteers not properly covered by
ACC at present, they would have proposed specific possible solutions to the select
committee, not hidden behind the many “why not” reasons their official advice
contained.
None
of the reasons they proffered were insoluble. All could have been easily
resolved with a little creative and constructive thinking. But meeting need by providing
proper public service is clearly beyond the scope and moral capability of these
two agencies and their leaders. Again, conduct the same as Sir Humphrey would
have advised. By focusing on process over outcome, MBIE and ACC are seeking to
prevent change and the implementation of just, beneficial and fair social policy,
an outcome many would describe as bureaucratic failure.
MBIE
and ACC concluded their advice to the select committee with the somewhat
dismissive observation that “depending on the circumstances, volunteers can
endeavour to seek damages through the courts, and prosecutions under the Health
and Safety at Work Act 2015 may also be able to provide reparations.” They
should be careful about what they wish for.
Any
actions by volunteers for compensation through the courts would likely lead to
substantial damages being awarded against the Crown, far more than the $244,533
annual cost of extending ACC coverage reported to the select committee.
But
then, as Sir Humphrey once told his Minister, “The public doesn't know anything
about wasting government money. We're the experts." By their bureaucratic
lethargy on the volunteer firefighter coverage issue, MBIE and ACC seem keen to
prove this point all over again.
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