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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2016-02-23 Daily Xml
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Motions

Statement of Principles for Members of Parliament

Adjourned debate on motion of Hon. J.R. Rau:

That this house adopts the following statement of principles for members of parliament—

1. Members of parliament are in a unique position of being accountable to the electorate. The electorate is the final arbiter of the conduct of members of parliament and has the right to dismiss them from office at elections.

2. Members of parliament have a responsibility to maintain the public trust placed in them by performing their duties with fairness, honesty and integrity, subject to the laws of the state and rules of the parliament, and using their influence to advance the common good of the people of South Australia.

3. Political parties and political activities are a part of the democratic process. Participation in political parties and political activities is within the legitimate activities of members of parliament.

4. Members of parliament should declare any conflict of interest between their private financial interests and decisions in which they participate in the execution of their duties. Members must declare their interests as required by the Members of Parliament (Register of Interests) Act 1983 and declare their interests when speaking on a matter in the house or a committee in accordance with the standing orders.

5. A conflict of interest does not exist where the member is only affected as a member of the public or a member of a broad class.

6. Members of parliament should not promote any matter, vote on any bill or resolution, or ask any question in the parliament or its committees, in return for any financial or pecuniary benefit.

7. In accordance with the requirements of the Members of Parliament (Register of Interests) Act 1983, members of parliament should declare all gifts and benefits received in connection with their official duties, including contributions made to any fund for a member's benefit.

8. Members of parliament should not accept gifts or other considerations that create a conflict of interest.

9. Members of parliament should apply the public resources with which they are provided for the purpose of carrying out their duties.

10. Members of parliament should not knowingly and improperly use official information, which is not in the public domain, or information obtained in confidence in the course of their parliamentary duties, for private benefit.

11. Members of parliament should act with civility in their dealings with the public, minister and other members of parliament and the Public Service.

12. Members of parliament should always be mindful of their responsibility to accord due respect to their right of freedom of speech with parliament and not to misuse this right, consciously avoiding underserved harm to an individual.

And that upon election and re-election to parliament, within 14 days of taking and subscribing the oath or making and subscribing an affirmation as a member of parliament, each member must sign an acknowledgement to confirm they have read and accept the statement of principles.

On adoption of this motion, a message will be sent to the Legislative Council transmitting the foregoing resolution and requesting its concurrence thereto.

(Continued from 3 December 2015.)

The Hon. J.W. WEATHERILL (Cheltenham—Premier) (11:56): I welcome debate on this motion, the opportunity to add my voice in support of the introduction of a statement of principles, sometimes called a code of conduct, concerning members of this house. I do so because this statement, in my view, is a vital element of a suite of recent measures we have introduced which go to the question of integrity, and that is critical if we are to in the public's mind lift the regard with which politics and politicians are held in this state.

It is no secret to say that politics and politicians are not highly regarded, and we need to take whatever steps we can to reverse that proposition. The reason this is critical is that, in my view, this is one of the highest callings that any person can aspire to—that is, to be elected by their peers to represent them and act in their interest. To be a servant of the people is one of the highest callings, so we need to do whatever we can through our own conduct and through our own processes to elevate the status of this house and the people within it so that we properly fulfil and discharge what is a very significant honour which has been bestowed on each and everyone of us.

The passage of the statement of principles by this parliament would also honour the late Hon. Dr Bob Such, a former minister, Speaker, and member for Fisher, who cared and thought deeply about this topic. Indeed, it is this statement of principles which was in large measure authored by Dr Such, and it is with a great deal of respect for Bob and his contribution that we advance our support in this matter. Bob believed that we should always hold ourselves to the highest possible standards. He sought to do that, and we should follow his pattern.

I believe the statement of principles is valuable because it outlines the fundamental and immutable relationship between parliamentarians and electors. That relationship is that the former serve at the pleasure of the latter, necessitating full and open accountability. Some might see the responsibilities parliamentarians have to their electors or to the community at large as obvious or implicit and therefore might question the need for a statement of this sort; but I believe it is important that they be spelt out, that the members have the means to remind themselves of the particular qualities and behaviours that are expected of them.

It is especially useful that we make clear in this statement that the work of parliamentarians does not occur in a vacuum. Many of us are members of political parties and we take part in political activities. These are legitimate and integral parts of the democratic process. They are legitimate and integral parts of the role that many of us play as members of parliament. This statement of principles also, in an important way, enshrines and elevates the role of parties in our system. That is proper and it should be acknowledged.

I also applaud the emphasis in the statement on the need for us to act with civility. Civility is sometimes seen as a quaint notion in this day and age, but I think it is important that we behave with respect to one another, that we do not express ourselves rudely, contemptuously or arrogantly to one another in this place, and certainly not to members of the public or public servants, who are simply trying to do their job, because it can be damaging and, once again, it diminishes our standing in the broader community. It might seem like great theatre here and it certainly might produce great copy or great vision, but I do not think it does anything for our standing in the community. It can erode public trust, which is the very bedrock of the parliamentary system, and it undermines the fact that a large measure of what we achieve in this place is achieved through dialogue and agreement and that much legislation is passed without dissent because it is seen as manifestly in the public interest.

Indirectly, it can have the effect of discouraging talented and worthy people who might otherwise be willing to pursue a career in representative democracy, whether at a local, state or federal level. It is sometimes said that women in particular are dissuaded from putting themselves forward for public office because they find that element (the combative, negative and destructive element that is often represented about proceedings in this place) deeply unattractive, and that, of course, diminishes this chamber and our representative democracy to the extent that men and women who are dissuaded by that conduct choose not to offer themselves for public office.

The scale and complexity of the challenges facing South Australia in 2016 are such that we should be doing everything in our power to put in place a system that attracts the best and brightest minds to politics. To the extent that members will breach the standards and expectations in this statement, I expect that in the vast majority of cases such breaches will be inadvertent, but that does not mean that we should not have a clear set of guidelines covering the conduct of members in this place and in public life generally.

As I suggested at the start, this statement of principles should be seen in the context of a range of other initiatives that we have put in place in recent years to safeguard and improve the integrity of our system, which include: the 2012 legislation allowing for the establishment of the Independent Commissioner Against Corruption; the 2013 act relating to political funding, expenditure and disclosure; and the bills that we are promoting this year, including legislation to deal with lobbyists, the fundamental rewrite of the Development Act and improving the transparency of rules relating to parliamentary remuneration.

As was explained in the Governor's speech at the opening of parliament on 10 February of last year, South Australia was founded on the basis of freedom of expression and of citizens taking part in social and political debate. Our ability to maintain a functional and effective political system requires us to constantly refresh and regenerate that organic democratic ethos. This statement of principles is one means by which we can build trust, provide clarity and improve the quality of governance in our state.

It is no exaggeration to say that one of the key attributes of a modern and successful economy is the integrity of its Public Service, its public servants and its elected representatives. All of these things make a contribution to the sum total of the attractiveness of this place as a place where people can do business and invest. More importantly, people want to live in a place that has a civilised democracy, where people are ruled by reason and not by capricious decision-making. So, on behalf of members on this side, I again acknowledge the admirable legacy of the late Dr Bob Such. I commend this motion to the house.

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