Page 1957 - Week 07 - Tuesday, 5 August 2014
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The standing committee presented its report on lobbyist regulation in June this year. I would like to take this opportunity to acknowledge the work of the committee and to thank members for their commitment to improving the practices and procedures of the Assembly. In particular, I note that the Assembly’s ethics and integrity adviser, Mr Stephen Skehill’s advice on the regulation of lobbying is a concise and insightful analysis of a potentially complex area of regulation. Among other things, the report observed:
Committee members noted that in their common experience as Members of the Assembly, and in the experience of two Committee members as Ministers, third party lobbying of them by paid lobbyists was exceptionally rare and that, in each instance that could be recalled, there had been no issues of concern raised by the manner in which that lobbying had been conducted.
Notwithstanding this, the committee concluded:
… it would nevertheless be appropriate for the ACT, as a matter of proactive precaution and consistent with a strong commitment to transparency and integrity in public administration, to introduce a form of lobbying regulation.
In assessing the manner of regulation that could be applied, the committee considered whether lobbying regulation should be confined to the executive, or extended to all members of the Assembly. A majority view on that subject was not reached. Proponents of limiting regulation to the executive argued that ministers are more likely to be targeted by lobbying activity and that most Australian lobbying regulation is confined to the executive. Both of these, of course, are true statements.
However, it is my longstanding belief that an ACT lobbyist register should be applicable to all members of the Assembly, not just ministers or their staff. In forming this view, I considered the small size of the Assembly, the fact that private members bills and motions can pass the Assembly and that MLAs sit on very powerful committees.
Mr Skehill’s advice to the committee, which is an attachment to the report, supports this view. Mr Skehill observed that non-ministerial members of the Assembly are also lobbied as they are not without power which lobbyists seek to influence. For example, they vote to pass or not pass legislation, even though those votes obviously are transparent and clear. They participate in committee inquiries that may lead to changes in legislation or practice. They raise questions in proceedings of the Assembly that may influence the conduct of the business of government, and they formulate policies which they take to elections and which they promise to implement if elected to form government.
Mr Skehill found that in many respects the decisions of non-ministerial members are little different to those of ministers. On this basis, the resolution that I am making today applies to all members of the Assembly and the ACT public service. The continuing resolution I put to the Assembly today is in line with the one recommended by the standing committee, with some very minor amendments. Moreover, the standing committee’s report will guide the Clerk and the Speaker’s
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