Geoff Lyons (Bass, Australian Labor Party) Share this | Hansard source

I thank the member for Lyne for proposing this motion. I stand in support of it today. As a member of the House Standing Committee on Privileges and Members' Interests, this motion is of particular interest to me. During 2011 our committee worked through many arguments for and against a code of conduct. This was a useful exercise and there were many interesting points to consider.

Consideration of a possible code of conduct for federal parliamentarians is not new, with discussions going back as far as 1975. The notion of a code of conduct is increasingly common in professions and fields of endeavour throughout Australia. The federal and state parliaments have given force to a number of laws for professions and industry codes by including them or referring to them in legislation. In addition, many professions and organisations have responded to stakeholder expectations of higher standards of professional conduct by devising and adopting self-regulation as well as voluntary codes of conduct.

One particular argument against implementing a code of conduct is to not impose restrictions on members that would prevent them from freely and fully performing their duties. I reject this notion, as I believe it is probably more theoretical than practical. My opinion is that, if the House of Representatives adopted a code of conduct for its members, this would serve as a further reassurance for the community in relation to its elected representatives that the institution of parliament is responsive to its concerns. The community rightly expects a high standard of conduct from its elected representatives. At present there are no formal recorded bases upon which members of the community can express their concerns or complaints that they have about conduct. Our constituencies generally have to wait for an election to advise us if they are unhappy about our behaviour or decisions, with senators only facing the electorate every six years and members every three.

I do feel that it would be useful for parliament to establish a set of standards in line with community expectations. The adoption of a code would provide reassurance to the community about standards of behaviour that they should be able to expect and provide also a distinct reference for them on any issues that they may have about a member's conduct.

The UK House of Commons code of conduct was introduced following a major review of ethics and conduct of public officials under the Committee of Standards in Public Life chaired by Lord Nolan. It was adopted in 1995 and is drawn from resolutions of the House. I note that their code of conduct contains both aspirational and directive elements and aims to provide guidance to members on standards of conduct expected of them in discharging their parliamentary and public duties. Members of the public rightly expect that elected members to this place act in an appropriate manner; however, it should be noted that members are elected to office with little formal guidance about what might be expected of them as members. There are numerous and often contradictory perceptions about parliament and its members. The media is often a vehicle for this.

Unfortunately, it seems that the Australian community have deep concerns about the standards in public life and have little trust in us as their elected representatives. A code of conduct could assist in building a stronger relationship between their elected members and individual constituents in the community at large. Certainly, I feel a code of conduct would serve as a reminder for members and senators of the political trust that we owe to our constituents and the community at large.

At the federal level in Australia, staff supporting parliament have long been subject to rules in relation to appropriate standards of behaviour in performing their duties. I, too, feel that we as elected representatives should be subject to similar standards.

It was the view of the committee that it would be preferable for any code of conduct to be broad in nature and to reflect key principles and values as a guide to conduct rather than being a detailed, prescriptive code. However, that being said, I support a code of conduct for both houses of parliament. Having a code for just one house makes no sense. I once again thank the member for Lyne for bringing this motion to the House and support it on the condition that the code apply to both the Senate and the House of Representatives.

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