Independent Cathy McGowan says crossbench can no longer wait for ‘Coalition to get their act together’

This article is more than 1 year old

This article is more than 1 year old

Federal crossbenchers will introduce a bill within weeks for a national integrity commission, with wide-ranging powers covering politicians, agencies, lobbyists and private contractors when they are directly dealing with government, such as the NDIS.

It follows through on a warning to Scott Morrison’s minority government after the Wentworth byelection that crossbenchers would use the balance of power in a minority parliament to push for an anti-corruption body.

The draft bill would also include an independent parliamentary adviser, a code of conduct for politicians, whistleblower protection and education for politicians and public servants.

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The independent Indi MP, Cathy McGowan, said she had talked regularly to Malcolm Turnbull when he was still prime minister about the need to introduce laws promoting good governance in parliament and the public sector but it was time to act.

“The electorate want a rules-based system to give them confidence and we’ve taken responsibility because no one else was going to,” McGowan said. “We can’t wait any more for Coalition to get their act together. We think the time is right for the debate.”

While the draft is not yet finalised, the concept has seen some support from the National party.

The National party senator John Williams, a long-time campaigner for the banking royal commission, has yet to see the bill but he supported the concept of a federal body that would allow people to report “wrongdoing” in the public sector.

“While I don’t want to see duplication, I would support a body where people who see wrongdoing could go to report the matter in confidence with confidence,” Williams said.

During his prime ministership, Turnbull did not rule out a national integrity commission bill but the attorney general, Christian Porter, said the government was still considering the best way to strengthen the national integrity framework.

He criticised Labor’s policy as lacking in detail but said he was open to discussing the crossbench options.

“The Government continues to carefully consider the best way to further strengthen and improve the national integrity framework and I am open to discussing all policy options with members of the crossbench,” Porter told Guardian Australia.

“It is important that changes in this area improve upon the current system, rather than simply adding complexity and that any changes do not create more problems than they solve.”

McGowan said the lower-house crossbenchers were talking to both the government and Labor on the issue and it had been a collaborative process.

“The government have been cooperating but at this stage it is just a lot of nodding heads,” McGowan said.

Labor has promised an anti-corruption commission within 12 months if elected, with a commitment to establish an expert panel to advise on the details.

A spokesman for the shadow attorney general, Mark Dreyfus, said Labor had also yet to see the crossbench draft bill.

While McGowan, Rebekha Sharkie, Andrew Wilkie and Greens MP Adam Bandt had been pushing for an integrity commission before the Wentworth byelection, Kerryn Phelps and Bob Katter also support such a body.

McGowan said they were working with Griffith University governance and integrity expert and Transparency International Board member Prof AJ Brown to finalise the draft bill for when parliament returns in the last week of November.

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McGowan, whose office is taking the lead role on behalf of the crossbench, said of the three options presented by Brown from “minimalist” to more extensive, crossbenchers had chosen the most extensive option.

“It will be legislation that fits across 21 government agencies and with state legislation to fill gaps in the system,” McGowan said. “Everybody has learned a lot from state-based arrangements so we are working on fixing problems in the system. There have also been a number of inquiries with clear recommendations, so we want to produce best practice.”

She said the draft bill, already 200 pages, was incredibly complex legislation that sought to cover grey areas such as lobbying. An independent parliamentary adviser would also be available for MPs to seek advice on issues such as government-funded travel.

“The independent parliamentary advisor will be part of an over overall suite with a code of contact to enhance integrity of politicians,” McGowan said. “There will be a prevention role to help government departments and agencies and a national integrity action plan to manage risk in government agencies.

“The commission will have investigatory powers to take action, with whistleblower protections and it will be able to support and advocate for whistleblowers.”

Williams said support for whistleblowers was important after seeing the treatment of whistleblowers from the banking sector such as the Commonwealth Bank employee Jeff Morris, who tried for more than a year to get corporate watchdog Asic to act.

“Where do they go now, to the federal police? To your federal MP? I am a supporter of whistleblowers, when someone sees something wrong, whether its fraud or someone syphoning money, they have to be able to go somewhere,” Williams said.

Brown said across government there were gaps around around the investigation of parliamentarians and the treatment of whistleblowers. There is no code of conduct for MPs or a framework for parliamentary standards.

Brown said the first stage of reforms could fill those gaps first and then moving on to political finance reform and replacing the lobbying regime.

The independent parliamentary advisor would allow politicians and others to get confidential advice on travel and gifts or support which could be reassuring for the MP and the public.

“The advantage for ministers and MPs would be that the advisor would give them a defence if the issue was subsequently raised,” Brown said.

Brown believes the momentum for a national integrity commission and its associated framework is unstoppable, with Labor taking a policy to the next election.

“The only question is over the quality of model they put together, so it is good that the independents have taken the lead,” Brown said.

“As a result, the [Coalition] government has to go to the election with a policy solution and it would be better if they did it so I think momentum is there to make it happen.

“While there is still plenty to do with lobbying and donations, in terms of basic machinery, that can all be done now.”





