David Pocock (ACT, Independent) Share this | Link to this | Hansard source

My question is for the Minister representing the Attorney-General, Minister Watt. The Lobbying Code of Conduct prohibits former government advisers actively lobbying for 12 months in a relevant area. Minister, in the government's view does it pass the Lobbying Code of Conduct, or even just the pub test, that, following the election, an adviser for the former government with responsibility for the COVID vaccinations went to work in an external affairs role at a COVID vaccine manufacturer, or a former senior adviser in the Communications portfolio opened up their own lobbying firm and engaged with telecommunications clients, or a former senior adviser with responsibility for gambling policy did lobbying on behalf of wagering operations?

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

Thank you, Senator Pocock, for your question. I don't propose to comment on any individual cases that you have raised, partly because I'm not aware of the specific cases, but obviously I do want to respect individuals' privacy as well. But I'm certainly happy to talk to you in more general terms about the position of our government on lobbyists. As you probably recall, the Lobbying Code of Conduct was actually established by the last Labor government, to ensure that government representatives who are approached by lobbyists know whose interests they represent. The Albanese government certainly expects lobbyists and government representatives to comply with the code.

Any person who lobbies the Australian government on behalf of a third-party client must be registered on the register of lobbyists and must comply with the transparency and integrity framework that is set out in the code. The code also prohibits government representatives, including ministers and their staff, from being party to lobbying by a lobbyist acting on behalf of a third-party client who is not on the register.

As I said, the Albanese government certainly expects lobbyists and government officials to comply with the Lobbying Code of Conduct. The responsibility for enforcing the code sits with the Attorney-General's Department, and they do that in an active way, including investigating alleged or potential breaches. If there are particular cases that you are aware of that you believe should be investigated, obviously it is open to you to refer them to the Attorney-General's Department. But I am advised that the Attorney-General's Department has concluded 12 investigations since May 2022. In three of those cases the department determined that there had been a breach of the code, and in all three of those occasions the nature of the breach was inadvertent and isolated and had been proactively remedied and therefore did not warrant further enforcement action. But the department is continuing to investigate one other matter.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Pocock, first supplementary?

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

A cursory glance at LinkedIn shows a number of people who are potentially in breach of this. What proactive measures does the Attorney-General's Department do to actually look for the sort of lobbying that is prohibited under your own code?

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

As I said, Senator Pocock, the Attorney-General's Department is currently investigating a number of matters and potential breaches of the code, and, as I said, already has considered 12 such investigations since the change of government in May last year. But beyond that, under the code the Secretary of the Attorney-General's Department may bar a lobbyist who has committed a serious breach of the code from being registered for a period of up to three months. What that means is that being deregistered effectively prohibits a lobbyist from lobbying ministers, their staff and officials as the code prohibits government representatives from being party to lobbying activities by unregistered lobbyists. A serious breach includes unregistered lobbying and breaching the principles of engagement with government representatives. The secretary may also remove a registered lobbyist from the register if they fail to comply with their obligations under the code. I am personally encouraged that the Attorney-General's Department is actively investigating these potential breaches and those that are underway. (Time expired)

Sue Lines (President) Share this | Link to this | Hansard source

Senator Pocock, second supplementary?

David Pocock (ACT, Independent) Share this | Link to this | Hansard source

ID POCOCK () (): Minister, how is a three-month holiday from lobbying acceptable for a serious breach of our Lobbying Code of Conduct? In other countries around the world there are civil and sometimes even criminal charges because people know how important it is to regulate lobbyists, yet both major parties seem to have no issue at all: do something wrong, do the worst you can in the Lobbyist Code of Conduct and have a three-month holiday—put your feet up, and we'll see you back here in 90 days.

Murray Watt (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

Thank you, Senator Pocock. I don't think that anyone is suggesting that a three-month holiday, as you put it, is necessarily the only or a sufficient punishment. As I understand it and as I have already mentioned, the secretary may bar a lobbyist for a period of time. But I should also say that the government is considering further changes to the code, and we would welcome suggestions for reform on this matter. The code was updated last in February 2022 by the former government, and the Parliamentary Joint Committee on Intelligence and Security is currently reviewing the Foreign Influence Transparency Scheme, which also regulates lobbying activities. The government looks forward to receiving the committee's report and will consider any recommendations it may make, including in relation to lobbying activities. If you haven't done so already, Senator Pocock, I would encourage you to participate in that inquiry.