[Greens-Media] Greens' bill would block Campbell Smartcard bid (attached Second reading speech)

[O'Toole, Michelle (Sen B. Brown)]

Wednesday 13 June 2007
Greens' bill would block Campbell Smartcard bid
Greens Leader Bob Brown will tomorrow introduce his Lobbying and
Ministerial Accountability Bill to the Senate. The bill would prevent
ex-Smartcard minister Ian Campbell's potential to have a role in
managing the $1.1 billion Smartcard project for the Howard government.
"The Greens bill aims to stop just this sort of self-advancement by
ex-ministers by providing for post-separation restrictions on the
employment of ministers and ministerial advisers for two years after
leaving Parliament. 
"It also requires serving ministers to divest shares into a blind trust
and the registration and regulation of lobbyists," Senator Brown said.
Further information: Prue Cameron 0408 473 379

Second reading speech
Lobbying and Ministerial Accountability Bill 2007
This bill aims to restore the public's trust and confidence in the
government and its ministers and to ensure that openness, honesty and
integrity form the basis of dealings between Members of Parliament and
lobbyists.
In 2007, two government ministers and one shadow minister have resigned
over issues of wrongdoing and impropriety. Former Minister for Ageing,
Senator Santo Santoro, failed to disclose more than 70 share interests
to the Senate or, it appears, to the Prime Minister, raising legitimate
concerns about conflicts of interest with his portfolio. Four federal
Liberal MPs are currently under investigation for potential electoral
fraud.
There is a lack of accountability and transparency that must be
addressed.
Currently accountability rests on a code of conduct issued by the Prime
Minister. This is not a system the public can have confidence in. It
must be put on a legislative footing. 
This bill will restore confidence in government accountability by:
*	Requiring Ministers to divest themselves of all shares or move
them to a blind trust within 28 days of becoming a Minister; 
*	Requiring the public registration and regulation of lobbyists; 
*	Placing limits on the post-separation employment of ministers
for up to two years after leaving the Parliament. 
Lobbying
The problem of influence pedalling in politics must be addressed,
particularly in light of numerous scandals in Western Australia,
Queensland and my home state of Tasmania.
There is no denying that lobbying is an important part of the democratic
process, but it needs to be regulated to ensure openness and
accountability. The existing clauses in the Ministerial Code of Conduct
are demonstrably insufficient. 
The register of lobbyists introduced by the Hawke Labor government could
have been improved but it was abolished by the Howard government in
1996.
To ensure lobbying activities are open and transparent, this bill will
create a public register of lobbyists and regulate the industry.
The bill will require:
*	all paid lobbyists to be registered and to lodge detailed
information with the Commonwealth Public Service Commissioner; 
*	lobbyists to file a quarterly return of lobbying activity, with
details about who they met and the purpose of the meeting; 
*	the Public Service Commissioner to maintain a Register of
Lobbying Activity that is open for public inspection in hard copy and on
the internet; 
*	penalties to apply for failure to abide by the lobbying laws and
the Australian Crime Commission to investigate offences. 
Members of the public or those lobbying in a volunteer capacity will not
be covered by the laws, but the definition of lobbyists is broadly
drafted to cover law firms, public relations companies and former
politicians as well as professional lobbyists.
Divesture of Shares
Many ministers may hold shares and investments on appointment to office.
The government has tried to limit the perception that conflicts of
interest may arise from this situation by requiring ministers, through
the Code of Conduct, to divest any investments that might relate to
their portfolio or move such shares to blind trusts.
Clearly that approach hasn't worked.
Any shareholding and share trading while performing Ministerial
responsibilities can no longer be accepted.
Defining whether share holding and share trading are or are not related
to a portfolio is often an arbitrary decision. And Cabinet decisions
impact on a wide range of issues which could affect the value of a broad
range of share holdings.
That is why The Greens have decided to require all shareholding to be
banned by any Minister.
The inarguable fact is that Ministers should be free from conflicts of
interest, both real and potential. 
Therefore this bill requires all Ministers to divest themselves of all
shares, options, futures, debentures, stocks, bonds or any like security
within 28 days of taking office.
Post-separation employment of Ministers
Increasingly Ministerial office is a doorway to a career in big
business. Too often a Minister will retire from Parliament only to take
up a consultancy with a corporation directly related to their former
portfolio.
Currently there is no mechanism to prevent ministers and their advisers
leaving parliament and becoming lobbyists or advisers to companies with
a direct interest in matters relating to their former portfolio. 
The advantage inherent in this practice distorts the lobbying process to
benefit the interests of organisations with large budgets who can afford
to 'buy' this level of influence.
The possibility and perception of inappropriate influence over future
government decisions is not sustainable. It must end.
The bill will close the 'revolving door' between government and
business.
The United States, Canada and the United Kingdom have all placed limits
on the employment Government Ministers or Secretaries can undertake upon
leaving office and Australia should do the same.
The bill will legislate for a two year ban on ministers or their
advisers 'switching sides' to represent or work for any organisation
which had significant dealings with their portfolio.
Exceptions will be allowed for charitable work and in some cases work
for an international organisation, but strict penalties will apply for
breaches of the law.
For too long government decisions have been influenced by lobbying and
big money. 
For too long Ministerial responsibility has been a doorway to largesse.
For too long the public has had to endure scandal after scandal.
This must end. 
The Greens believe openness, honesty and integrity are vital to a
healthy democracy and the Lobbying and Ministerial Accountability Bill
will ensure these values are better upheld in the Australian parliament.

I recommend the bill to all Senators