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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-11-17 Daily Xml
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LOBBYISTS REGISTER

Mr KENYON (Newland) (14:32): My question is to the Premier. Will the Premier update the house on the establishment of a register of lobbyists?

The Hon. M.D. RANN (Ramsay—Premier, Minister for Economic Development, Minister for Social Inclusion, Minister for the Arts, Minister for Sustainability and Climate Change) (14:32): I thank the honourable member for his question. From 1 December a rigorous lobbyists code of conduct will come into effect in this state, with stringent rules governing their work and how they interact with ministers and other government representatives. The code of conduct will see the establishment of a public register of lobbyists as well as impose strict rules about former ministers, government executives and other public sector employees engaging in lobbying activity after leaving public employment.

The lobbyist code of conduct will ensure that contact between lobbyists and government representatives continues to meet public expectations of transparency, integrity and honesty. The rules governing lobbyists relates to people being paid to act for third parties, but other organisations such as charities, not-for-profit organisations, professional and business associations such as Business SA and unions will still be able to make representations to ministers and officials, just as they have always done, without the requirement to be registered. So, the Law Society can make its position clear to the Attorney-General, and Business SA can make its position clear to me as Minister for Economic Development.

This is about people who act for third parties. Lobbyists will have to be registered on the register of lobbyists, including listing their clients and when they make contact with government. Lobbyists will have to divulge for whom they are lobbying and the nature of their clients' issues. As part of that process, we have this week advertised to remind lobbyists that they must register within the next fortnight, so people intending to perform the role of lobbyists—and I know there are former members of parliament from both sides of politics: former Liberal ministers and former federal Labor ministers—all have two weeks in which to register, and that is how the new system will work.

A website has been established (www.premcab.sa.gov.au/lobbyist), and we can put out that detail. The Department of the Premier and Cabinet has prepared the Public Service for the implementation of the new code, including training staff about the new rules, establishing forms and procedures for registrations and informing lobbyists of the new requirements and obligations on them. There will also be strict rules covering former ministers and government executives becoming lobbyists. A minister who leaves office cannot, for a period of two years after they retire, engage in professional lobbying activities relating to any matter in which they have had official dealings in their last 18 months in office.

A parliamentary secretary cannot, for a period of 12 months after they retire, engage in professional lobbying activities relating to any matter in which they have had official dealings in their last 12 months in office. Ministerial staff or departmental executives employed under the Public Sector Management Act 1995 cannot, for a period of 12 months after they cease their employment, engage in professional lobbying activities relating to any matter with which they had official dealings in their past 12 months of employment.

The rules governing lobbyists relate to people being paid to act for third parties, but other organisations—as I say, such as charities, not-for-profit organisations and professional organisations—will still be able to make representations to ministers and officials just as they have always done, and that is a vital part of democracy. It is really important that organisations such as the Law Society can make representations to the Attorney-General. It is really important that Business SA can engage with us in the pre-budget period, and unions as well.

A lobbyist who breaches the code is liable to be removed from the register and will be banned from lobbying activities within the state government. So, if they break the rules, they will be banned. It is as simple as that. This code is just the latest measure by the state government—

The SPEAKER: Order! There is a point of order. The Premier will take his seat.

Mr WILLIAMS: Mr Speaker, I believe that the Premier is pre-empting debate on a bill that is on the Notice Paper. I draw your attention to Private Members Business, Bills, Thursday 19 November, No. 25, Lobbying and Ministerial Accountability Bill (No. 44).

The SPEAKER: No, there is no point of order, unless the Premier were actively to canvass the bill itself. Just because something is on the Notice Paper does not mean that there is a prohibition on the house of any issue that might have any relation to the bill. Just because there might be issues that a bill covers does not prevent discussion on those issues. It would be disorderly for the Premier to engage in debate on the bill itself, but it is not prohibited just because there is some overlap. The Premier.

The Hon. M.D. RANN: Thank you, sir. If you have matters on the Notice Paper relating to a whole range of issues—if you are saying that we do not need to answer questions about those issues, then—

Members interjecting:

The Hon. M.D. RANN: Anyway, this code is just the latest measure by the state government to ensure the highest standards of integrity, honesty and transparency. Other measures include the Ministerial Code of Conduct, which includes provisions of compliance with the law, honesty, fairness and diligence, and a disclosure of actual and potential conflicts of interest. Other staff in government, including ministerial staff, are governed by the Public Sector Employees Code of Conduct, which outlines requirements that staff provide impartial, frank and balanced advice. They must act honestly, disclose and manage conflicts of interest, not accept gifts that may influence a decision and then work in accordance with all legal requirements.

I commend this register. It will affect members of parliament on both sides of this house, and I think that it is an important step forward.

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