According to THL’s internal message, the institution will form a common position on the government program in the fall. The jurists interviewed by HS consider the guidelines problematic in terms of freedom of speech.
Health and the management of the welfare institution THL instructs its researchers to represent the institution’s “common position” in public. This is evident from a message seen by Helsingin Sanomat, which was published on THL’s internal channels.
According to the message, THL will form a joint position on the government’s program goals in the fall. The implementation of the government program offers numerous opportunities to make an impact, the message says.
“Each of us presents THL’s common position in public. We should therefore choose the places of influence, maintain relationships with key stakeholders and be open to different positions. Conscious confrontation and positioning can hinder our ability to influence in the future.”
The message is titled The board program has been completed – we should present our views and proposals in a constructive and coordinated manner.
“We can strengthen our social impact by presenting our positions in a coordinated manner, supported by communication and line management,” it says.
THL’s the general manager Markku Tervahautan according to the policy on forming and communicating a common position has been made in the institution’s management group.
Tervahauta says that there are many small things in the government program, but from the institution’s point of view, the most important is the “big picture” of promoting the well-being and health of the population.
“We have been looking for a communication angle, so that our position would come across well in broad entities. If we immediately pull the rug out from under the carpet with terrible exaggerations with some minor detail of the government’s program, it may be that we will not be listened to with such a sensitive ear in the overall picture and their consequences.”
According to Tervahauta, the statement of an individual THL expert is often interpreted in the media as “THL’s position”. That’s why the institution now wants to form a common position on government program goals and communicate it in a coordinated way.
Does this mean that THL researchers are no longer allowed to freely share their views in public?
“This does not mean that our experts cannot present their own views. But it would be important for us to be more moderate in that way, to always consider the whole,” Tervahauta answers.
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“It would be important that we were more moderate in that way, that we always consider the whole.”
THL is an independent state expert and research institute whose mission is to promote people’s well-being, health and safety. THL’s operation is based on the law.
Emeritus Professor of Administrative Law Olli Mäenpää considers THL’s management’s message problematic. He says civil servants have the freedom of speech protected by the constitution to present factual and justified views on the government program as well.
“You can’t coordinate the views of officials in such a way that everyone speaks with one accord. Freedom of speech is regulated by law, and the instructions of the Institute of Health and Welfare cannot determine or set guidelines for what kind of views officials are allowed to express.”
Mäenpää also draws attention to the fact that THL announces that it will form its position on the government’s program goals in the fall.
“Officials cannot have their own positions on the government program, but their task is to comply with political decisions, as long as they are in accordance with the law. This position statement is also formulated in a very special way. It is the duty of the official and civil servant to comply with the law and to act impartially, independently and equitably.”
Helsinki assistant professor of public law at the university Ida Koivisto knocks out the message even more sharply with turns of phrase.
“Freedom of speech is a basic and human right, the restriction of which with such an instruction below the law is, in my view, illegal,” says Koivisto.
He emphasizes that the core of freedom of speech is the opportunity to criticize political decisions.
“Officials and other employees must be loyal to the employer, but on the basis of the loyalty obligation, you cannot instruct or prohibit them from presenting factual opinions.”
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