10 May 2007
It’s last-man-standing attitude comes about after the ICAEW revealed last week that it’s own hearing would throw open the doors for public scrutiny.
That the ICAEW made this move should not surprise us. The new disciplinary body for public interest cases, the Accountancy Investigation and Discipline Board has written into its founding principles that hearings should take place in the open and the Public Oversight Board has said that public hearings are best practice.
That leaves ICAS as the only institute insisting that its members should be dealt with behind a shroud of secrecy. For that, in practice, is essentially what will happen if it continues to deal with members in that way.
ICAS argues that open hearings are unlikely to persuade witnesses from outside the profession to appear, and as there are no powers to compel people to give evidence, public disciplinaries should remain a closed book. This overlooks the fact that witness statements can always be taken and submitted to the tribunals. Plus, none of the other bodies have deemed this a big enough worry to undermine public hearings.
At a time when many in the profession are attempting to modernise regulation this is a disappointment. Holding disciplinaries in public has two objectives. First, the disciplinary body is seen to be doing its job. Second, the member under suspicion is seen to get a fair hearing.
These principles are, in fact, as old the tradition of jury trials. It seems a shame that ICAS finds it necessary ignore this precedent.
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