PARLIAMENT ETHICS & CODES OF CONDUCT

Transcription

1 PARLIAMENT ETHICS & CODES OF CONDUCT Why we have them & some recent case studies Rob Stefanic New South Wales Legislative Council Conduct of Tony Baldry MP (2005) Member of House of Commons (UK) A diamond mining coy (Milestone) paid $75K to a company (Red Eagle) to lobby the Govt of Sierra Leone to secure valuable diamond concessions Non-executive Chairman and 1/3 shareholder of Red Eagle & visited Sierra Leone 2x in that year on behalf of Milestone Chairman of the Commons International Development Committee Used House of Commons notepaper to write to the Secretary of State for International Development asking for officials of the Dept to give Milestone a seal of approval in relation to its best practice on diamond mining 1

2 Outline of presentation Parliamentary ethics context The impetus for codes of conduct Consider 3 different codes of conduct: New South Wales (NSW) House of Commons (UK) Scottish Parliament Case studies real events Work in groups Review of some recent cases Prizes to be won!! Parliamentary ethics - the context The importance of public confidence in the institution of parliament The importance of public confidence in members of parliament Criminal and other legal standards eg the criminal offence of bribery Statutory requirements eg disclosure of interests Parliamentary practice standing orders, precedent, privilege and contempt 2

3 The impetus for codes of conduct Increased accountability and scrutiny of conduct of all public officials Responses to public scandal and recommendations from investigative/review bodies: Watergate (US): led to amendment of FOI Act in 1976 as well as laws requiring new financial disclosures by key government officials Cash-for-questions (UK): began in Oct 1994 when The Guardian alleged London's most successful parliamentary lobbyist had bribed two Conservative Members of Parliament in exchange for asking parliamentary questions, and other tasks, on behalf of the owner of Harrods department store, Mohamed Al-Fayed NSW Independent Commission Against Corruption: intro 1988 after Minister gaoled for bribery; inquiry into a second, a former Minister for alleged corruption and other officials Codes of conduct 3 jurisdictions NSW Parliament statutory basis - definition of corrupt conduct House of Commons (UK) framework within which acceptable conduct can be judged general principles supported by a detailed guide Scottish Parliament ensures clarity as to principles and how they will be interpreted and enforced in practice 3

4 New South Wales Code of Conduct Background to the establishment of the Independent Commission Against Corruption (ICAC) Role of the ICAC Definition of corrupt conduct The Metherell Affair (1992) investigation and report. ICAC summary: Dr Metherell resigned from the Parliament and was promptly appointed to a senior public service position resignation was calculated to create political advantage for the Government in a hung parliament The deal involved exchanging a Government job for a Parliamentary seat, and impacted upon the balance of power in the Legislative Assembly New South Wales Code of Conduct (cont.) ICAC finding: the then Premier of NSW and the then Minister for the Environment, engaged in corrupt conduct within the meaning of the ICAC Act NSW Court of Appeal declared that the findings were a nullity - absence of an objective standard to assess the conduct of members of parliament or ministers in absence of a Code it was not possible to judge whether a members behaviour was corrupt unless it was also illegal 1994 ICAC Act amended - definition corrupt conduct extended to conduct of Members of Parliament through a Code of Conduct. New part inserted to create 2 committees of Parliament to prepare draft codes of conduct and provide advice and education on ethical standards applying to Members 4

5 New South Wales Code of Conduct (cont.) 1998 both House adopted for purposes of s.9 of ICAC act Provisions: Disclosure of conflict of interest Bribery Gifts Use of public resources Use of confidential information Duties as a Member of Parliament Enforcement in practice responsibility of individual Houses House of Commons (UK) Code of conduct 1695 Resolution of the House against offering bribes to members Speaker was paid 1000 guineas by City of London in relation to orphans Bill Resolution of the House: rewards to members - advocacy 1947 Resolution of the House on paid outside interests in response to Trade Union attempting to instruct a member 1995 cash for questions scandal PM John Major requested committee inquire into standards in British public life Nolan Committee 5

6 House of Commons (UK) Code of conduct (cont.) Nolan Committee recommendations principles of public life code of conduct independent scrutiny education House of Commons Code of Conduct: Provisions of the Code Guide to the Rules relating to the conduct of members Role of Parliamentary Commissioner for Standards maintain Register of Interests, advise members and investigate and report on complaints Role of the Committee on Standards and Privileges where a members has a case to answer House determines it own affairs Scottish Parliament Code of Conduct New parliament 1998 Devolution and the principles underpinning the Scottish parliamentary system lessons learned from other places Scottish Code of Conduct: Key principles Consolidation of statutory and non-statutory rules in one document Guidance material Role of Standards Commissioner Role of Standards Committee Do their members manage to stay out of trouble?? 6

7 Case studies Groups of 3 or 4 15 minutes Each group to examine one case study Applicable provision of the relevant code of conduct is highlighted Your group is to consider: 1. Has the member breached the code of conduct? 2. If so, what sanction should be applied? Spokesperson to report back to the group Prizes to be won for correct answers!!! Case study No.1: Foul and abusive language? Intimidation? Conduct of Dr Desmond Turner, Member of the House of Commons (UK) 1. Breach? Language breached para 14 Intimidation not proven 2. Sanction? Written apology to the public servant 7

8 Case study No. 2: Misuse of parliamentary facilities? Conduct of Mr Mark Lancaster, Member of the House of Commons (UK) 1. Breach? Complaint in relation to para 14 upheld no mention of breach House of Commons Stationery was misused as Stationery and Postage Rules provide that House of Commons stationery and use of the emblem cannot be used for business purposes 2. Sanction? None as Member cancelled the event when he realised the breach Case study No. 3 Unauthorised editing of press release? Conduct of Ms Emily Thornberry, member of the House of Commons (UK) 1. Breach? para 5 no breach while unwise the actions did not amount to forgery or dishonesty para 9 no breach the Member intended to improve electoral response rates and as such was in the public interest and there was no financial gain para 15 no breach while unwise the actions did not bring the House or Members into disrepute 2. Sanction? none while actions could not be condoned they did not amount to a breach 8

9 Case study No.4 Lack of conscientiousness in dealing with constituent matter? Conduct of Ms Karen Gillon, member of the Scottish Parliament 1. Breach? para 2.4 breach but no evidence of hostility or indifference by the member but a sequence of admin failures in the member s office for which member apologised para no breach no inappropriate attitude on member s part but an unfortunate misunderstanding 2. Sanction? none based on overall circumstances Case study No. 5 Paid advocacy? Conduct of Mr David McLetchie, member of the Scottish Parliament 1. Breach? para & no breach must be a direct link b/w member s actions and remuneration provided although a link b/w the law firm, Mr Letchie and RHASS, the member did not stand to gain financially by supporting a motion referring to RHASS. Mr Letchie s remuneration from the law firm was also fixed 2. Sanction? none 9

10 Conduct of Tony Baldry MP So what happened! A diamond mining coy (Milestone) paid $75K to a company (Red Eagle) to lobby the Govt of Sierra Leone to secure valuable diamond concessions Non-executive Chairman and 1/3 shareholder of Red Eagle & visited Sierra Leone 2x in that year on behalf of Milestone Chairman of the Commons International Development Committee Used House of Commons notepaper to write to the Secretary of State for International Development asking for officials of the Dept to give Milestone a seal of approval in relation to its best practice on diamond mining Conduct of Tony Baldry MP (cont.) Issues considered by Committee on Standards and Privileges did he fully declare his interests? whether approaching the Secretary of State breached Advocacy rule? any breach of obligations as chair of select committee? 10

11 Conduct of Tony Baldry MP (cont.) Verdict of Committee on Standards and Privileges Declaration of interests breach while it was unlikely the omission influenced Secretary of State, the interest was not disclosed Advocacy rule breach obligations as chair of select committee no breach cautioned that chairs consider carefully where there may be a risk real or perceived that their position provides undue advantage Conduct of Tony Baldry MP (cont.) Verdict of Committee on Standards and Privileges Result: Apology to the House by way of personal statement Note: comment that misused stationery Members should be scrupulously separating, and being seen to separate, their public role from any private business interests 11