Presentation

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Presentation ASPG ConferenceOversight4
October - Perth Theres a touch too much
integrity a time to wind back rather than wind
up?
Professor Scott Prasser Public Policy Institute
Australian Catholic University
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So what is it?

• Integrity wholeness, entirety, soundness,
  uprightness, honesty
• Oxford Dictionary

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Integrity means

• Honesty
• Due process
• Truth
• Veracity
• Non-manipulation

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Corruption not a public act!

• Corruption is one of those acts that is
  characteristically committed between consenting
  adults in private. (Sturgess)
• Outside expected norms

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Govt corruptionincompetence
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Why do we want it?

• Underpins democratic governance
• inclusion
• fairness/equity
• government acts in public interest
• Essential for good governance
• bulwark against corruption
• reduces waste
• ensures merit
• stop rent seeking
• Organisations better than individuals in it!

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Mapping the territory

• NSW Independent Commission Against Corruption
  Police Integrity Commission, Police Integrity
  Commission Inspector and Crime Commission
• QLD Criminal Justice Commission now Crime and
  Misconduct Commission
• WA Corruption and Crime Commission
• TAS Integrity Commission
• VIC Independent Broad-based Anti-Corruption
  Commission
• SA Independent Commissioner Against Corruption
• CMTH Australian Commission for Law Enforcement
  Integrity Australian Crime Commission

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Table 1 Australias Integrity Framework
QLD CWTH NSW VIC WA SA TAS NT ACT
Independent public sector anti-corruption body such as the CMC. ? ? ? ? ?
Police anti-corruption body ? ? ? ? ? ?
Integrity Commissioner ?
Register of Lobbyists ? ? ? ?
Lobbyist Code ? ? ? ?
Political donation disclosure (threshold) ?(1000) ?(10000) Note 3 ?(1000) ?(1500) ?(1500) ?(1000)
Whistleblower Protection legislation ? ? ? ? ? ? ? ?
Recent reforms to Freedom of Information Laws ? ? ?
Ombudsman ? ? ? ? ? ? ? ? ?
Public Service Code of Conduct/Ethics ? ? ? ? ? ? ? ? ?
Stand-alone Ministerial Code of Conduct/Ethics ? ? ? ? ? ?
Restrictions on post separation employment ? ? ? N
Ban on direct holding of shares by Ministers and parliamentary Secretaries ? ? ? Note 9 ?Note 9
Register of Members Interests ? ? ? ? ? ? ? ? ?
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In addition in each policy area

• Host of integrity, review, oversight agencies
• But
• Slow
• Narrow
• Captured

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Issues the Goldilocks tests

• Just right some minor tweaking
• Not enough need more National Integrity
  System (NIS)
• Integrity too focussed on wrongdoing not on
  other public policy decisions
• Too much wind it back

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NIS

• Ethical principles as a basic guideline
• Clear laws, rules and standards that are openly
  enunciated
• Education about rules and principles for public
  servants MPs
• Advice mechanisms on ethical issues as a
  proactive measure
• Protection of whistleblowers
• Transparency both interests, decisions and
  processes
• Enforcement as a deterrent by agencies with
  powers and penalties
• Strong institutions of government - ind
  judiciary, public service not politicised and
  parliament not subordinated executive
• Leadership example in personal behaviour/running
  of government
• Political culture supports integrity, ethical
  behaviour and democratic practices

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Whats driving demands for NIS?

• Limits of one off public inquiries
• Limits of existing new integrity bodies
• Continuing politicisation of the public service
• Lobbying scandals
• Continuing police problems
• NSW scandals 8 minsters/6 councils/Obeids
• Problems with police integrity bodies eg NSW
• Policy/institutional fashion

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Responses to integrity concerns
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What integrity rules cannot do

• End duplicitous behaviour
• Cannot force truth in political argument
• eg fact checkers on deficits ignored
• Ensure lack of self interest
• Replace societal norms
• Be disconnected from the political system in
  which operates

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Some concerns

• Excessive regulation
• Focus on minutiae at expense of more important
  policy issues
• Honest officials do not need codes of conduct
  dishonest ones will always sign
• Costs and benefits why should integrity
  processes be exempt from this analysis
• eg just what has the CMC delivered?

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Some drivers?

• Over-reaction to minor misdemeanors
• Agenda set by media wanting instant
  actions/solutions
• Inflation of expectations
• Expansion of law, rights, and notions of
  recompense

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Some concerns

• Excessive regulation
• Focus on minutiae
• Honest officials do not need codes of conduct
  dishonest ones sign up
• Costs and benefits why should integrity
  processes be exempt from this analysis

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The co-ordination issue

• Findings by one integrity body have been
  dismissed or not upheld by another due to
  different evidentiary requirements or different
  interpretations of what constitutes misconduct
  and corruption. The result is public confusion
  and uncertainty. (Proust 2010, p ix)

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Some questions

• How big is the corruption problem?
• How often are integrity mechanisms and officers
  actually used?
• Where are the gaps in existing mechanisms?
• what cannot be reported?
• what can the media not pursue?
• where do existing law enforcement agencies not
  have enough power?
• Where is the misallocation of ?
• Turning the system upside down

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Democracy, influence and sub-optimal expenditure

•   ...we should not forget ... that the
  processes of democratic and representative
  systems ... are based on compromise, on securing
  and using influence, on obtaining advantages for
  constituents ... and for MPs and ministers ...
  some level of compromised use of influence ... is
  a necessary and unexceptional feature of our
  public life.
• Professor Paul Finn
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• ... we must be careful ... to differentiate real
  corruption from activities which are regarded as
  corrupt by many ... and which may produce
  sub-optimal expenditure patterns, but which are
  not patently corrupt.
• Hogwood and Peters

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Total justice?

• There has developed in this country a general
  expectation of justice and a general expectation
  of recompense for injuries and loss for total
  justice
• Lawrence Friedman Total Justice