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House of Assembly - Fifty-Second Parliament, First Session (52-1)
2011-06-09 Daily Xml
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LOBBYING AND MINISTERIAL ACCOUNTABILITY BILL

Second Reading

Adjourned debate on second reading.

(Continued from 16 September 2010.)

Mrs VLAHOS (Taylor) (10:55): The government opposes this bill. The government does not take any issue with the proposal espoused by the member for Fisher in this bill. Indeed, the government agrees with the goals of the bill and recognises the need to ensure the state has a government that is answerable to the people who elected it.

Nevertheless, this bill is opposed, as that which the member for Fisher has put forward has been implemented already by the government. On 29 August 2009 the Premier announced a rigorous Lobbyist Code of Conduct with stringent rules governing the work of lobbyists and how they interact with ministers and other government representatives.

This code of conduct came into force on Tuesday 1 December 2009 and saw the establishment of a public register of lobbyists as well as an imposition of strict rules for former ministers and government executives engaging in lobbying after leaving public employment. It is, of course, an accepted reality that free and reasonable access to government ministers and their staff and government departments is an integral part of the democratic process. The government also recognises that, in the interests of public confidence, it is similarly vital that access to government representatives be transparent and all interactions be ethical.

The government's Lobbyist Code of Conduct ensures that contact between lobbyists and government representatives continues to meet public expectations of transparency, integrity and honesty. Under the code, lobbyists have to register on the register of lobbyists, including a listing of their clients. When making contact with government, lobbyists will have to divulge for whom they are lobbying and the nature of their client's issue. Ministers, parliamentary secretaries and government representatives will also be bound by this code and will not be permitted to knowingly be lobbied by anyone not on the register. The Lobbyist Code of Conduct will operate in addition to the Ministerial Code of Conduct which already imposes stringent ethical requirements on ministers.

There are also strict rules covering former ministers and government executives becoming lobbyists. These rules mean that a minister who leaves office cannot for a period of two years after they retire engage in professional lobbying activities related to any matter with which they had official dealings in their last 18 months in office; and a parliamentary secretary cannot for a period of 12 months after they retire engage in professional lobbying activities related to any matter with which they have had official dealings in the last 12 months of their office.

Ministerial staff or departmental executives employed under the Public Service Management Act 1995 cannot for a period of 12 months after their ceasing of employment engage in professional lobbying activities related to any matter with which they have had official dealings in the last 12 months of their employment, additionally. Lobbyists who hold a position on a government board or committee are also bound by the honesty, integrity and conflict of interest provisions of the Public Sector Management Act. Anyone who breaches these provisions is liable to prosecution.

It is important to point out that the rules governing lobbyists apply to people who are paid to act for third parties. Other organisations such as charities, not-for-profit organisations, professional and business associations (such as Business SA and unions) remain free to make representations to ministers and officials. Registered lobbyists are required to update their details on the register annually and to provide statutory declarations that they have not been convicted or found guilty of any offence of dishonesty or indictable offence. Any lobbyist who breaches the code is liable to removal from the register and will be banned from lobbying activities within this state and the state government.

South Australia's code was prepared in consultation with the government of Victoria which has adopted its own lobbyist code of conduct and the code is consistent with the code adopted by other state jurisdictions and the commonwealth parliament. Individual codes contain fundamental common provisions. The codes have been drafted to reflect the circumstances applying in respect of states. For example, the South Australian code recognises the continuing application of relevant state legislation in the Ministerial Code of Conduct. The government is committed to being open and accountable, and these measures are only one example of how this government is opening up the administration of this state.

Other measures include: the widening of the freedom of information laws to make more documents available to the people of South Australia; moves to make cabinet documents available publicly after 10 years, while other jurisdictions, including the commonwealth, will only release cabinet documents after a minimum of 30 years; and the preparation by the Crown Solicitor's Office of the public-private partnerships communication protocol which the Deputy Premier issued with a caution to all ministers, ministerial staffers and chief executives about their dealings with people who are in the business of selling public-private partnership arrangements. This government has led just over 50 community cabinets around the state as well as holding regular street corner meetings to hear the views of South Australians about matters that affect them.

As a government, we will continue to listen to the needs of business, professional and community organisations, and this code of conduct will enable that to continue to happen in the interests of all South Australians. In the light of the measures already in place, which will further ensure transparency in dealing with public officials, obviously the government considers this bill is unnecessary at this point.

The Hon. R.B. SUCH (Fisher) (11:00): I am not surprised the government does not support this, because a cynic might say that some people have an eye to their future possible employment. My bill supports the current register and code of conduct referred to by the member for Taylor, that the government established on 1 December 2009. The problem with that register or code of practice is that it does not provide penalties for breaches of the code or the register, and my bill does.

It is fine to have a code of conduct, but if you do not have any penalties then I believe it is lacking; it becomes a toothless tiger. My bill prohibits the payment of success fees, which we know has been an issue in Queensland. My bill does not duplicate the code of practice; it really supports it, endorses it, but as I say it provides a penalty for breaches and it also prohibits the payment of success fees, which is probably the most insidious aspect of inappropriate influence upon government. I understand that the government is not going to support it, but that does not in any way suggest that my proposal does not have merit; I believe it does.

Second reading negatived.

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