Geoff Lyons (Bass, Australian Labor Party) Share this | Link to 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.

Michael McCormack (Riverina, National Party) Share this | Link to this | Hansard source

We have before us a motion dealing with a code of conduct for members of parliament. The member for Lyne wishes that the draft code in the appendices of the report of the House of Representatives Standing Committee of Privileges and Members' Interests be endorsed. He also desires that the Leader of the House bring forward urgently for the consideration of the House the suggested alterations to the standing orders and resolutions of the House necessary to give effect to the code, for procedures for considering complaints under the code and for the role of the proposed code.

The proposed code includes a process for considering complaints against MPs and a revamped role for the Privileges and Members Interests' Committee. MPs are under unprecedented scrutiny in every aspect of fulfilling their roles. In some respects this is as it should be. Parliamentarians must set the very highest standards in everything they do so the public can have every confidence in their propriety and in the way they discharge their duties. The glare of the media is on everything they do and the largely fishbowl lifestyle of political leaders, even some backbenchers, is intense. In fact, the spotlight on public figures, politicians, is such these days that you wonder if it is really necessary to air or publish some of the material—a lot of it is mere pap being churned out under the guise of society's need to know—or if it is just filling the void of the 24-hour news cycle and the so-called need to constantly update to fit in with online publishing.

This 43rd Commonwealth Parliament has been a difficult one. Hung parliaments are always volatile. This one has certainly been particularly unusual in the allegations drawn against certain members which continue to play out in other tribunal processes and which continue to dog this House and, rightly or wrongly, the reputation of all of those in it.

The purpose of the draft code of conduct is to provide a framework of reference for members in the way they carry out their responsibilities. It outlines the standards of behaviour which Australian people can rightly expect of their elected representatives. It refers to the key ethical principles which should guide the consideration of members. It is by adherence to these standards that members can maintain and, indeed, strengthen the public's confidence and trust in the integrity of the parliamentary institution and not undertake any action which would bring the House of Representatives or its members generally into disrepute. If it does that then, well and good, let us legislate it.

The draft I hold here sets out key principles listed as: (1) loyalty to the nation and regard for its laws; (2) diligence and economy, which refers to the use of MPs' entitlements and using them only for the purposes for which they are intended—this is only right and proper; (3) respect for the dignity and privacy of others; (4) integrity; (5) primacy of the public interest; and, finally, (6) personal conduct and the need for MPs to act at all times in a manner which will tend to maintain and strengthen the public's trust and confidence and in the integrity of the parliament and its members. On that last point the word 'tend' is unnecessary. It will either maintain and bolster the public's perception or it will not. By the wording as it presently stands, 'and tending to' is leaving it rather open ended.

If the code of conduct draft is just another bureaucratic layer or onerous process which MPs, for whom the accountability and justification bar has already been set extraordinarily high, have to meet then perhaps the review process needs to be revisited before being put to a vote. That said, remember the court of public opinion at the ballot box will always prove to be the best democratic way of determining whether or not an MP has satisfactorily fulfilled his or her duties.

Andrew Leigh (Fraser, Australian Labor Party) Share this | Link to this | Hansard source

The question is that the motion be agreed to. Is the member for Fremantle seeking leave to make a further contribution to the debate?

Melissa Parke (Fremantle, Australian Labor Party) Share this | Link to this | Hansard source

I am, Mr Deputy Speaker.

Andrew Leigh (Fraser, Australian Labor Party) Share this | Link to this | Hansard source

Is leave granted?

Mrs Bronwyn Bishop (Mackellar, Liberal Party, Shadow Minister for Seniors) Share this | Link to this | Hansard source

Mr Deputy Speaker, I question why leave should be granted. I also note that the member wanted to table an agreement, which I am not agreeing to. I have heard no good reason why leave should be given to speak again in the debate.

Andrew Leigh (Fraser, Australian Labor Party) Share this | Link to this | Hansard source

My understanding is that there is not ordinarily a debate conducted on questions as to whether leave should be granted. If a member objects to leave being granted, leave is not granted. Is the member for Mackellar objecting to leave being granted for the member for Fremantle to make a further contribution?

Mrs Bronwyn Bishop (Mackellar, Liberal Party, Shadow Minister for Seniors) Share this | Link to this | Hansard source

Yes.

Andrew Leigh (Fraser, Australian Labor Party) Share this | Link to this | Hansard source

The member for Mackellar objects, so the member for Fremantle will not be heard. Are there further contributions to the debate? There being no further contributions, the debate is adjourned and the resumption of the debate will be made an order of the day for the next sittings.