THE PRICE IN POLITICS


“Put simply, the capacity of lobbyists to gain access to politicians and senior public servants is demonstrative of one of the


problems besetting modern politics.”


we ensure a fair, equitable, and honest interplay between the represented and the government. Lobbyists, through their access to powerful people, have power and influence, or at least the perception of it.


There is a perception and demonstrated circumstances in which their activities have significantly affected the business of government, whether it is to the greater benefit of the people, or conversely, the private benefit of the people whom the lobbyists represent. Amongst the reforms introduced by the Lobbying of Government Officials Act 2011 were the banning of success fees for lobbyists and former ministers and parliamentary secretaries were prohibited from engaging in lobbying activities for 18 months after their exit from parliament.


The issue of success fees was of particular concern because, depending on the degree to which a lobbyist was willing to be unethical, their ends could be achieved and would be remunerated based on the extent to which they delved into the depths of dishonesty. The penalties in place for success fees reveal the preoccupation this issue has in NSW public life; corporations can be fined up to A$55,000 and individuals A$22,000.


Lobbyists have faced further


regulation since the introduction of this Act. Mike Baird, who succeeded Barry O’Farrell, retained lobbying regulation as a focus of his government’s plan.


Under the Baird reforms, our Electoral Commission was empowered as the independent regulator of


lobbyists in NSW. Ethical standards were applied to third-party lobbyists and the regulator now has the power to investigate alleged breaches and impose sanctions which could result in firms being removed from the Lobbyists Register.


Ministers are


required to publish quarterly diary summaries of meetings with external organisations on portfolio related activities and the Ministerial Code of Conduct is enforceable by the watchdog, the ICAC.


Additionally, the provisions of the Ministerial Code of Conduct have been strengthened, such that a substantial breach of the Code will now constitute corrupt conduct for the purposes of the ICAC Act.


These further standards and requirements, legislated in 2014 have placed increased pressure on Ministers and the lobbyists. It is not only lobbyists that come under scrutiny. The other classes of people and organisations are those who are able to exert influence directly


through donations to political parties. Governments are inherently linked to their political base, and therein, financial support for a party that is in government can easily lead to an unwanted causal link; donors, through money alone, could influence the decision-making process.


Conclusion


All these examples demonstrate the complexity of the issue; balance is difficult to achieve when the assertion that money offers power is not baseless; rather, it has the real potential to sway the decision making of governments and to influence policies in ways that provide benefits to certain groups that can concurrently be detrimental


to others.


None of us are in a position to furnish anyone with a framework and say that it solves the problem. The nature of government, politics and political parties are fluid and must be able to hear and respond to all people, regardless of their power or lack thereof.


The dilemma in our context, and the way in which our government has approached it shows that a solution cannot be found overnight.


The polices are evolving, and with due process, there is great potential in eventually having a system in place that is fair to all constituents, but also one that ensures electors retain their faith in the democratic institutions.


The Parliamentarian | 2015: Issue Three | 171


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68  |  Page 69  |  Page 70  |  Page 71  |  Page 72  |  Page 73  |  Page 74  |  Page 75  |  Page 76  |  Page 77  |  Page 78  |  Page 79  |  Page 80  |  Page 81  |  Page 82  |  Page 83  |  Page 84  |  Page 85  |  Page 86  |  Page 87  |  Page 88  |  Page 89  |  Page 90  |  Page 91  |  Page 92  |  Page 93  |  Page 94  |  Page 95  |  Page 96  |  Page 97  |  Page 98  |  Page 99  |  Page 100  |  Page 101  |  Page 102  |  Page 103  |  Page 104