CODES OF CONDUCT
UNDERSTANDING CONDUCT, ETHICS AND CODES
The conduct by which MPs behave matters in a parliamentary democracy, because ultimately it helps achieve the best government in the interests of the people. Associate Professor of Monash University, Dr Ken Coghill, discusses the types of conduct and factors that affect how an MP conducts themselves, plus the various codes and their effectiveness.
Hon. Dr Ken Coghill, PhD Dr Coghill is an Associate Professor at the Department of Management at Monash University, Melbourne, Australia. He was a former Member of Parliament of the Legislative Assembly, Victoria, and also served as Parliamentary Secretary of the Cabinet and Speaker.
Hon. Dr Ken Coghill, PhD
As an MP, do you need a code to tell you what is ethically right or wrong? Very few think they do, but if that is so, why are significant numbers of MPs accused of unacceptable conduct and why have so many Parliaments considered, proposed or adopted codes?
Ultimately conduct matters
because it helps achieve the best possible government in the interests of the people – the citizens in the democratic system. This is because our democracies
are complex systems founded in the relationships between the people, Parliament and other institutions.
40 | The Parliamentarian | 2014: Issue One
Democracy works best when those relationships are trusting relationships. That is, relationships in which the people trust the Parliament to be acting in their best interests. If the people feel that the Parliament is addressing their concerns, they are more likely to support the parliamentary system, giving it credibility and legitimacy. Where there is such trust, there is a freer exchange of views, beliefs and ideas, more creative policy making and more innovative solutions to problems facing any community.
Parliamentary system integrity However, Parliament is itself a system – a key sub-system within the broader system of government. As an MP knows, it is not some giant, mysterious “black-box” that can only be judged by its outside appearance. It is the sum of its “parts” – its individual members (MPs) and various internal organizations of MPs such as committees and political groupings (i.e. parliamentary political parties). Whether the people see Parliament as trustworthy largely depends on how MPs conduct themselves and
how this is reported to the public. Questionable conduct by even a small number within a large Parliament can be enough to taint perceptions of the whole Parliament. What types of conduct are
seen as misconduct? Some of the following examples deliberately “test the envelope” to help us think through just what we mean. Clearly, breaches of the criminal
law are unacceptable and (at least in Westminster-heritage Parliaments), MPs are liable for prosecution in the normal way. A code is unnecessary for enforcement in cases such as bribery, theft or other misappropriation, or assault. In the same way, courts have found MPs to be public officers who are liable for conviction for the common law offence of misconduct in public office. Illegal actions are regarded as separate from unethical conduct. As an MP, you are a community
leader and are expected to follow higher standards of ethical conduct than the minimum of compliance with the law – common law and statutory provisions. We see this in conduct that
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