When Our Laws Are Broken, it Is Parliament's Job to Fix Them

With this week’s successful censure motion in the Premier and a spotlight on integrity, some change is required for the Tasmanian parliament to determine how it can improve the law to meet public expectations and accountability. 

 The ongoing saga of secrecy, speculation and unanswered questions about legal bills for Government Ministers has already consumed far too much of Parliament's time. 

What it has demonstrated beyond doubt is that the secrecy provisions in Tasmania's Integrity Commission Act are not working. 

Those provisions have contributed directly to the hours of parliamentary debate, public conjecture and media speculation surrounding matters involving then-Ministers Madeleine Ogilvie and Jane Howlett. The result has been confusion rather than clarity, and a further erosion of public confidence in government. 
This secrecy does not only affect the individuals involved. It casts a shadow over every Minister, every Member of Parliament and the institutions of government themselves. 

When the public knows lengthy investigations may be underway but cannot access even the most basic information about them, speculation inevitably fills the vacuum. Rumour replaces fact. Assumption replaces evidence. Trust in our democratic institutions suffers. 

That is why I have tabled a Notice of Motion calling on the Joint Standing Committee on Integrity to examine the secrecy provisions of the Integrity Commission Act, and to recommend reforms. 

I urged the Premier over the weekend and again this week to initiate such a review himself. He has failed to do so. As a result, I will use my Private Members' Business as soon as Parliament returns after the winter recess to bring this motion forward. 

To be clear, this is not an argument for abandoning confidentiality protections. Integrity investigations should not become political circuses, and individuals should not be publicly condemned before findings are made. The presumption of innocence must be preserved. 

However, there is a legitimate public interest in understanding what is occurring when allegations concern elected representatives, public resources and the conduct of government. The challenge is to strike a better balance between procedural fairness and public accountability. 

Other jurisdictions have grappled with these issues and reformed their integrity frameworks. Tasmania should be prepared to do the same. 

When Parliament returns in August, I hope the Premier has reflected on his censure and recognises that this minority parliament demands more transparency and accountability from him and his government.