CSIPL still waiting on law

| 03/09/2012

ethics (263x300)_0.jpg(CNS): The committee established to monitor conflicts of interest and corruption by all those in public office is still waiting for a law that will enable it to fulfil its mandate under the constitution. The Commission for Standards in Public Life was formed in January 2010 but its members have said since the outset that the committee is unable to act in any meaningful way without the legislation to mandate a register of interests, enforce standards in public life and investigate potential breaches. In its fourth report to the Legislative Assembly the commission states that the draft law is still with the Attorney General’s Chambers.

The report, which was completed in February, was laid on the table of the Legislative Assembly some six months later on Friday 31 August. In it, the commission once again pointed to the lack of legislation as a problem for advancing its work.

“In its three previous reports, the Commission highlighted the need forthe enactment of the necessary enabling legislation to ensure the Commission can fully perform its functions in a  proper, timely and effective manner,” the report states. “The Commission remains of the view that the lack of supporting and enforceable legislation renders its mandate to maintain a Register of Interests as well as the additional responsibilities of the Commission under section 117 of the Constitution meaningless in so far as it relates to the Commission’s ability to validate powers of compliance monitoring for standards in public life and investigations of potential breaches.”

In its third report, which was published more than a year ago, the commission reported that the draft legislation was essentially complete and was expected to go before Cabinet before the end of 2011. However, the law has not yet left the government lawyer’s office, which means it is unlikely that the commission will have legislation in place and passed before the end of 2012.

The law does feature in the government’s legislative agenda published in the budget documents last month, but it sits at the end of a long list of laws and regulatory changes that the government plans to enact before March 2013.

“Until the requisite enabling legislation is put in place, the Commission will continue to use its best endeavours to address the tenets of good governance and standards in public life in the broadest terms possible,” the members wrote in the report.

The commission has in the meantime, according to the report, been working on issues regarding procurement but says that government has still not acted on recommendations it made more than a year ago.

It has also been reviewing the appointments to statutory boards as it said there is scope for improvement. The commission said there needs to be “a clear and unequivocal set of rules and standards to govern how members of public boards are selected” as well as how they operate.

“The Commission is also of the firm belief that steps must be taken to ensure that individuals who are appointed to public boards do not place themselves in positions where conflicts of interest arise."

According to the 4th report, the commission will continue its work on government procurement to formulate a strategy and action to manage the process and create a system specific to meet local needs.

“The Commission will also seek to ensure the Government understands the importance placed on the recommendations contained in the Third Report which have yet to be enacted," the commission stated.

Despite its various calls for government to implement codes of conduct and enact its own legislation to enforce the Nolan Principles, which are the international benchmarkof standards in public life, the commisssion remains powerless to act on any complaint about or enforce any standards in public life.

See report here.

Print Friendly, PDF & Email

Category: Politics

About the Author ()

Comments (16)

Trackback URL | Comments RSS Feed

  1. Anonymous says:

    Why do fools always think fools will someday do the smart thing?  Not gonna happen here.

  2. Anonymous says:

    Why would our politicians want to support a law that made their easy lives much more difficult? Of course it won't get support, no surprises there!

    • SSM345 says:

      I got to Page 4 Section 2 (7) and noted a list of seven core principles which the MLA's and holders of public office should adhere to……

      Its clear as day from the actions of certain individuals that they haven't even opened the document yet.

    • Anonymous says:

      I agree. Only honest politicians are interested in supporting and drafting a law like this. Just ask yourself if you think we would have a Freedom of Information of Law in existence now if McKeeva had been in power when it was passed into law?? He is only interested in keeping things behind locked doors!!

  3. Anonymous says:

    The same as the delay with the 'new' Environment Bill giving proper powers to the DOE to stop the abuse of planning and fisheries.

    It's pure self interest, those in power (and their friends) don't want to be accountable to those who elect them nor do they want some 'busy body' official telling them what they can and can't do.

    It's all about the money folks. 

  4. B.B.L. Brown says:

    Formed in 2010 and has accomplished nothing?  Might as well forget about it and disband!

    • Anonymous says:

      Totally disagree with the "Disband" comment. That is exactly what they are hoping will happen so they can continue to do their deals in the dark corners of restaurants without public accountability.

  5. Anonymous says:

    Soon come   hahahahahahahahahahahahaha

  6. the truth says:

    The truth is that once again we are faced with a lack of attentiveness to critical legislator vital to the insurance of accountability by " representitives of the people". Why would a law of this importance be given last priority on the Attorney Generals list. I will not speculate as to why this is but like they say, "where there is smoke, there is fire" and i find it a bit too convenient that this obstacle as some in government see it as, has managed to go another year without implemenation. However i am of the firm belief that one day all will be held to account for current and past misbehavior INCLUDING those that have helped hinder this accountability taking place, hence why i dubbed myself "THE TRUTH" which is not a fan favourite in the political world, especially here in my country, where it seems as even the darkest night is brighter than those we have elected.

  7. Anonymous says:

    I have to say I love the picture.  The interesting thing is that Honorable elected officials would make it priority #1 to make sure the necessary legislation is in place.

    In my eyes there is no excuse for it not having been done a long time ago.

  8. Anonymous says:

    In the meantime the Attorney General is being paid a 6 figure salary to sun his buns and sip tequila.  Money well spent… 

  9. Chris Johnson says:

    Just gone through the report. Very interesting indeed. Wendy please make sure that the Premier and Stan Thomas each receive a copy.

    • Anonymous says:

      Yes, but its not worth the paper its written on if its not implemented.

  10. Anonymous says:

    soon come….. zzzzzzzzz

  11. Truth Hurts says:

    It is a shame that it requires a law to be put into place in order for this Committee, and indeed the politicians themselves, to take the matter seriously.

    Any politician with good motives should be voluntarily looking to comply with this, not waiting to be forced to. Still, we all know where the politicians stand right?

  12. Anonymous says:

    Surprise surprise, if the MLA's wanted it, it would happen, so why dont they?