Professor Scott Prasser Public Policy Institute – Australian Catholic University

1. Presentation – ASPG ConferenceOversight4 October - Perth There’s a touch too much integrity – a time to wind back rather than wind up? Professor Scott Prasser Public Policy Institute – Australian Catholic University

2. So what is it? “Integrity – wholeness, entirety, soundness, uprightness, honesty” Oxford Dictionary

3. Integrity means • Honesty • Due process • Truth • Veracity • Non-manipulation

4. Corruption – not a public act! “Corruption is one of those acts that is characteristically committed between consenting adults in private.” (Sturgess) Outside expected norms

5. Govt corruption–incompetence

6. 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!

7. 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

8. Table 1: Australia’s Integrity Framework

9. In addition – in each policy area • Host of integrity, review, oversight agencies • But: • Slow • Narrow • Captured

10. 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

11. 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

12. What’s 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

13. Responses to integrity concerns

14. 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

15. 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?

16. 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

17. 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

18. 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)

19. 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

20. 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 ... 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

21. 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