Consulting contracts and administrative weakening –

One of the related components of administrative functioning at present is the burden of exterior consulting as an instrument to supply options to the administration within the face of kind of advanced issues. .

A lot in order that, within the articles of the Public Sector Contracts Legislation, a clause was launched that facilitated consulting contracts, contemplating them mental property contracts and, subsequently, exempt from the Public Sector Contracts Legislation. I’ve already referred to this on one other event I already check with that.

The query I need to deal with at present considerations the results of the widespread use of consulting contracts and the way it has contributed to a weakening of the Administration.

If we analyze the origin of the extreme weight that consulting corporations have within the public sector, it needs to be remembered that the restrictions within the processes of hiring public sector personnel have had the direct impact that ample profiles are missing in home to satisfy the wants of a altering administration and even to cope with conventional structural issues. It’s (one other) damaging results of the inheritance of the Authorities of Rajoy. An issue that’s qualitative and quantitative, making an allowance for, as well as, the issues that exist to cowl all positions within the civil servant administration procedures and which might be motivating a change in the way in which of configuring entry to public employment.

A actuality that has began from a flawed mantra: the Administration is outsized and wishes a “weight reduction remedy”, decreasing, amongst different issues, the workers. An concept, by the way in which, during which consulting corporations have had a relationship, contemplating personnel prices as the essential aspect for not with the ability to meet the convergence standards. A broad brush recipe that doesn’t analyze the actual issues of a corporation.

In any case, the concept of ​​the necessity for weight reduction constitutes a reality that doesn’t conform to actuality and that contravenes European statistics: in Spain we now have, for instance, an inadequate variety of personnel within the tax administration and this causes us to be one of many European international locations that collects the least in proportion to GDP.

However this has additionally had a reputational impact on the functioning of the general public sector. Confronted with the standard of the work of the general public worker, these days, actually, there are some who request the verification of the conclusions and the tasks by a consulting firm for the event of the venture, as if it have been a component of added worth. A picture aspect that, on many events, implies ignorance in regards to the high quality of labor within the public sector, to which the signature of the third get together doesn’t add something. Probably the most severe factor is when this request for third-party work is requested from the general public sector itself.

The usage of consulting poses many difficulties for the general public sector:

a) From the outset, the query of kidnapping of the Administration, which is topic to the advisor not solely within the planning of the venture but additionally in its personal execution, with which the advisor is in a battle of curiosity to not present all of the anticipated improvement of the contract, to be able to proceed having a hyperlink with the Administration. Though the determine of the individual chargeable for the contract has been launched within the LCSP, this doesn’t imply that the info asymmetry In favor of the advisor, it is rather troublesome to successfully management how the contract is being executed.

b) Second, consulting contracts are often costly contracts, which contain a switch of funds vital that might contain an funding within the administrative area for the event of public insurance policies. That’s, it represents a lack of acquisition of know-how within the administrative area that isn’t affordable. Due to this fact, it’s a impoverishment financial and public sector data. With this, the impoverishment turns into structural, insofar as it is going to all the time be essential to resort to those consulting corporations to face the strategic tasks of the administration.

c) Third, it includes a ideological seize by consulting corporations. Seize that’s particularly hanging in instances during which you need to promote insurance policies totally different from these often utilized by the institutions of the consultancy; people who make up the big international cupboards.

In Spain (and, in the remainder of the world), particularly, these consultants are intently linked to insurance policies of deregulation, privatization and liberalization of financial actions, which justify a really restricted presence of the general public sector. These facets put into query the constitutional facets of the Administration and, particularly, these derived from the social and democratic State of legislation.

In actual fact, the issues which have occurred with consulting stories (the place the UK or america present us with a variety of examples) are often the consequence of this ideological seize, which can be brought on by a bit protection of the general public from the organs of the general public sector.

d) Consultants often suggest aseptic options, which don’t take into account both the political or the sociological components of the sector during which the options are to be utilized. The decontextualization It finally ends up being a means for the venture to fail. A possible lack of adaptation to actuality, which is enhanced by the truth that the big consulting corporations are international corporations that transport their options from one place to a different, with out relying on the native issue.

e) The above query should be related with the info reuse in comparable tasks, with which the consequence runs the chance of imitation in different entities of the general public sector, with which the added worth is additional diminished. The difficulties of the imposition of the clause that the property of what has been executed passes to the Administration and that it can’t be reused is the perfect proof that they’re tasks with loads of exterior inspiration or different comparable tasks.

f) The exercise of the consultants supposes, however, a coverage short-term when planning the general public. Brief-termism that’s often restricted to the execution of the contract with out stepping into the conventional operation of the Administration, which doesn’t cease contemplating the consultants as exterior brokers.

With all the above, I’m not eliminating all position of consultants. What I’m demanding is a reconfiguration of what’s public in order that the advisor could also be mandatory on very restricted events and with a really particular scope of the venture; during which the Administration itself should have the power to direct, evaluation and management the venture; inserting it throughout the political / financial / psychological orientations of the Administration itself. There is no such thing as a aseptic technical work, nevertheless it has values ​​and targets that should coincide with these of the general public sector.

In any case, the issue is one among idea, of how the options to the issues confronted by the general public sector are articulated; if an inside funding is made to make sure the current and the long run or a short-term resolution is sought that finally ends up being a bottomless pit. That is additionally a part of the dialogue on the effectiveness and effectivity of the Administration and, nonetheless, it is a component that isn’t seen on the general public agenda.

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