WeekendTimes.com.au



Men's Weekly

.

Senate report on lobbying passes the buck on improving transparency or legislation

  • Written by Joo-Cheong Tham, Professor, Melbourne Law School, The University of Melbourne

Lobbying is at the heart of government. Who has access to and influence over key government officials shapes the decisions governments make – and how they make them.

The ability to influence government is certainly essential to democratic politics. Yet how lobbying occurs federally undermines Australia’s democracy.

This lobbying is typically shrouded in secrecy. Bound up with such secrecy is unfair access for “insider” groups, especially powerful commercial interests. Such secrecy and unfairness risk encouraging corruption, particularly quid pro quo deals between government decision-makers and lobbyists.

The parlous state of federal lobbying regulation can take much of the blame for this. On May 7, the Senate Finance and Public Administration handed down a report[1] highlighting the inadequacies of this regulation. According to the report, Commonwealth lobbying regulations have not kept pace with either developments in the lobbying landscape or the makeup of the parliament.

However, disappointingly, the report stops short of decisive recommendations in line with its findings.

To strengthen the Lobbying Code of Conduct – or not

The key regulation examined by the Senate report was the federal Lobbying Code of Conduct[2]. The code and its register are government policies administered by the Attorney-General’s Department. They apply only to commercial lobbyists (but not in-house lobbyists, lobbyists who act on behalf of their employers).

The report concludes that federal lobbying regulation has “not kept pace with best-practice developments in other jurisdictions” and “could be usefully amended to improve its effectiveness”.

It also found strong justification for strengthening the code in key ways. On including in-house lobbyists, it said:

[…] lobbying activity that is neither subject to the Code nor captured on the Register is not sufficiently transparent, and that efforts must be made to extend the coverage of the Code […] The committee therefore recommends that the definition of lobbyists under the Lobbying Code of Conduct be expanded to capture a broader range of actors.

On calls to legislate the code, the report positively notes “the widespread experience with legislated schemes both within Australia and internationally”.

On independent administration of the code, it concludes this would remove

the real or perceived conflict of interest that exists under the current regulatory arrangements where the executive government is responsible for regulating its own relationships.

In a disappointing twist, the report fails to recommend that the code be strengthened in these ways. It says this is due to “the narrow field of views heard by the committee during the hearing and the need to better understand a broader perspective”.

Rather, it recommends the Australian government commission an independent review to consider strengthening the code in the ways proposed.

Parliament House ‘orange’ passes

The report examines whether there should be disclosure of the list of holders of “orange” passes to Australian Parliament House (APH). These are sponsored passes[3] issued on the basis that the holders have “a significant and regular business” requirement for unescorted access to Parliament House.

The report found “the process for obtaining a sponsored pass is not entirely transparent”. It said “very little is known about the 1,977 sponsored passholders that have a significant and regular business requirement to access APH”. Current regulatory arrangements “make it impossible to ascertain the scale of lobbyist access to APH”.

Rather than seeking to penetrate this opaqueness, the report recommended exploration of “regulatory interoperability” between the Lobbying Code of Conduct and the APH access system.

Emphasising that “the ‘orange pass’ is not a lobbyist pass”, it fell back on its “another review” recommendation. This was on the grounds that “the most effective accountability and transparency measures relate to legislating a properly representative Lobbying Code of Conduct”.

Publication of ministerial diaries

The report noted that publication of ministerial diaries is required in the Australian Capital Territory, New South Wales, Queensland and Victoria. It recognised that:

visibility over diaries can provide a valuable counter reference point to the information available on lobbyist registers, allowing for a comparison of what is disclosed on both platforms and analysis of how these meetings may align with legislative and regulatory changes and the awarding of government contracts.

However, it resists recommending publication of ministerial diaries based on a non sequitur: should the publication requirements extend to all parliamentarians, there would need to be fuller consideration of “matters of parliamentary privilege”.

Reforming the cash nexus

A striking omission from the report is its neglect of the intimate link between lobbying and political contributions. This matters because:

We can understand the frustration of Senator David Pocock when he says in his dissenting report:

We know the problems; the committee was given the solutions. It’s time to get on with the job of fixing the broken system that regulates the conduct and access of federal lobbyists.

Equally understandable is the frustration of Special Minister of State Don Farrell at a bill sponsored by Pocock[4] that proposes a $1.5 million “mega-donor” cap on political donations with no campaign spending caps[5]. This is seemingly aimed at protecting Climate 200’s funding operations[6].

Perhaps the Senate report on lobbying can prompt a reset – a setting aside of mutual frustration – and pave the way for robust and integrated reforms of lobbying and political funding.

References

  1. ^ a report (www.aph.gov.au)
  2. ^ federal Lobbying Code of Conduct (www.ag.gov.au)
  3. ^ sponsored passes (www.thesaturdaypaper.com.au)
  4. ^ a bill sponsored by Pocock (www.aph.gov.au)
  5. ^ spending caps (theconversation.com)
  6. ^ Climate 200’s funding operations (www.smh.com.au)

Authors: Joo-Cheong Tham, Professor, Melbourne Law School, The University of Melbourne

Read more https://theconversation.com/senate-report-on-lobbying-passes-the-buck-on-improving-transparency-or-legislation-229510

The Weekend Times Magazine

Alcohol and your brain: study finds even moderate drinking is damaging

It’s a well-known fact that drinking too much alcohol can have a serious impact on your health, including damaging your liver. But how much is too much? For conditions such...

The 29-year-old Australian Revolutionising The Edible Collagen Market

Known as ‘Nature’s Botox’, scientific research shows collagen is not only anti-ageing and good for skin, but also optimises health, ligaments, muscle recovery, the gut, and helps heal the digestive...

CHECK.CHECK.CHECK. The new ‘Slip, Slop, Slap,’ for a night out campaign

CHECK.CHECK.CHECK. The new ‘Slip, Slop, Slap,’ for a night out launched by the Night Time Industries Association A new campaign Check. Check. Check. encouraging punters to do their...

How to work from home and not get divorced

Covid has triggered life-changing decisions for some people and has put a lot of relationship strain on couples. The stress of working from home and having to home school the...

Ben & Jerry’s launches ‘next-level ice cream’ phenomenon

Get ready, ice cream fans – a new ice cream revolution is coming to Australian shores! Ben & Jerry’s is today officially launching its new range of flavours to the...

Tinseltown - Keeping up with the Kardashians no more: the complicated legacy of reality’s first family

Kim Kardashian West has announced to her 160m followers on Instagram that Keeping Up with the Kardashians will end after its next season. The Kardashians, particularly Kim, have been at the...

Coasting through Australia: 5 things you need to know

No matter where you choose to explore, you can never go wrong with Australia. The best time to spend time on the water in Australia is during the autumn and...

Does Sydney Australia Have a Good Nightlife Scene?

In the last several years, Sydney's nightlife has changed dramatically. The New South Wales state government adopted Draconian lockout regulations in 2014, forcing city center venues to close their doors...

Weekend getaways from Perth

You Are in Perth, Australia and You Want to Get Away for the Weekend: What Are the Options? Perth is one of the most isolated cities in the world, but that...

hacklink hack forum hacklink film izle hacklink หวยออนไลน์matbetPusulabetสล็อตเว็บตรงgamdom girişpadişahbetMostbetcarros usadoskn777trendbetcocktail glassesultrabetpusulabet girişcasibomcasibom girişcasibom giriştürk ifşaBets10kavbetholiganbet色情 film izlecasibomYakabet1xbet girişjojobetGrandpashabetbetofficeselcuksportsholiganbet girişultrabetmatadorbetbets10royalbetmamibetselçuksportscasibomkingroyalbetistugwin288sekabetjojobetcasibom girişJojobettrgoalstaraftarium24casibom girişdeneme bonusumeritkingSekabetCasibomtrgoalsBetnanoDinamobettrendbetVdcasinoSekabetMarsbahisultrabet girişprimebahisselçuksportsprimebahisjustintvbetciocasibomtrendbetparmabetsahabetmr pachocasibomcasibomvbetmeritbet girişkralbet girişultrabet girişultrabet girişcasibomdeneme bonusu veren siteleronwinonwinultrabetantalya escorttimebetgrandbettingqueenbetqueenbetbahiscasinobahiscasinoultrabetbets10kavbetnorabahisKayseri Escortjojobet girişbettiltcasibomMavibetaviator gamebahislioncasibomprimebahiscrown155 casinohb88aussuper96 loginholiganbetpusulabetpadişahbet주소모음 주소모아spin2u loginneoaus96 casino loginMavibetStreameastholiganbetmarsbahisjojobetbets10ff29 casinobets10best e-wallet pokies 2025jojobet girişmatbetNo Deposit Bonus Casinos 2025casibomretcasinoasdsadasdasdasdasfdasfasfsadfasdfsdfasdasdasdasdkingroyal girişjojobetpin upmamibetslot gacorcasibombetasusmeritbetbest e wallet pokies australiahttps://mrvip77.comgrandpashabet