ALP back in town, quiet time expected

National Library of Australia

The Australian Labor Party National Conference - the first since the election of the Rudd Government in 2007 - gets underway in Sydney today.It's expected to be a sedate affair, as is the way of these things when the party is in office. Chapter 11 "New ways of governing for a stronger democracy" (page 127) of the Draft National Platform includes plenty of rhetoric about its commitment to a strong democracy and transparent and accountable government. And an update, but nothing new, on elements of reforms such as Freedom of Information and privacy, journalist shield laws, whistleblower protection, etc, all still stuck somewhere in the system. But nothing to gladden Harry Evans' spirits after his shot that our parliament is as weak as they get in democratic societies as a result of rigid party and executive government control of the people's house. And $7500 would buy your way into the Business program including a brief meeting with a minister. Questioning or criticism of the fine detail of the Platform or when most of the"new ways" will come to pass are probably regarded as an impertinence.

ACT on the FOI reform bandwagon

The Australian Capital Territory is the latest to join the Australian Freedom of Information review rush following a decision last week by the Legislative Assembly to ask the Standing Committee on Justice and Community Safety to conduct an inquiry into the 1989 Act. The ACT Act is basically THE Commonwealth Act and the movement at the station there would prompt re-examination in any event, but an inquiry was also part of the deal for support by The Greens for the formation of an ALP minority government after last year's election. It's also been an issue the Liberals' Vicki Dunne has pursued for years. Sweet for Dunne, who has had some celebrated battles with the Stanhope governments over FOI, and who moved the motion to set up the inquiry- only to have a series of amendments added that string the terms of reference out to three pages of detail (and "any other relevant matter" to boot)-that she ends up in the chair.

Details here.Thanks to Ray Polglaze for the heads up.

PM and public service getting along famously

The Prime Minister yesterday addressed 900 top Federal public servants on the government's plans, and where they fit in the picture. All good positive stuff about building or rebuilding a modern competitive nation, and the vital role the public service will play in this. He outlined the Government's agenda for the public service :

1. Reinvigorating the Westminster tradition of an independent public service with merit-based selection processes and continuity of employment when governments change;
2. Building a professionalised public service committed to excellence;
3. Developing evidence-based policy making processes as part of a robust culture of policy contestability;
4. Enhancing the strategic policy capability of the public service;
5. Strengthening the integrity and accountability of government;
6. Broadening participation in government through inclusive policy processes, and
7. A contemporary view of government service delivery that emphasises both efficiency and effectiveness in outcomes.

Unfortunately,the content on accountability consisted of the oft repeated commitment to Freedom of Information reform, specific only regarding the abolition of conclusive certificates and the creation of an Information Commissioner, and what was said about participation in government consisted of worthy but vague generalities.

Given what Labor had to say last October, when it criticised the Howard Government, then served by all those same public servants who were in the room yesterday, for its culture of concealment, and committed "to drive a culture shift across the bureaucracy to promote a pro-disclosure culture", you would have thought that the occasion was a golden opportunity to put this strongly and forcibly on the line.

Culture reflects "tone at the top" and culture change is not something easily achieved , particularly when you haven't raised the subject since you took over the place 5 months ago.

The Prime Minister and Minister of State Faulkner both are missing important opportunities to use their leadership positions to state and restate that they want things done differently in the access to information field

Way off the money on timeliness of disclosure of political donations

Lots of interest about contributions to political parties as a result of a report released by the Australian Electoral Commission. However a system that discloses information, in some cases up to 19 months after the donation, is not one to be proud of. In addition, according to The Age what has been released is information up to June 2007. It doesn't cover donations in the lead up to the Federal election which won't be published until May - 7 months after the election.

The anonymity provided for donations up to $10,300 and the technicality that allows the NSW Labor Party to report many contributions as "other" do not provide the information we should expect about who is seeking to oil the wheels of the political system. Only 264 donations qualified for disclosure of the source - 1000 less than those disclosed before Howard government legislative changes last year.

I mentioned here 2 years ago, how difficult it is to get into the details published on the web. It doesn't look any easier now.

The Federal Labor Party has plans to go back to $1500 for the disclosure threshold, and to remove tax deductions for political donations. There is also some speculation about banning overseas donations.

The Government should also be moving towards disclosure within weeks of political donations and making this information available without a year or longer passing before we are to know who opened the wallet. The NSW Electoral Commission will this week put up on the web its report on contributions for the 2007 election - almost 1 year after the event.

In the US campaign contribution reports are required quarterly (with some reform ideas swirling around). Here is the latest on US Presidential contenders to December 2007.

The NSW Government in 2005 was interested in a ban on donations by developers if a national approach was taken to this issue. John Howard said "not practicable". Times have changed. With Labor governments everywhere, just the right circumstances to do something if integrity in government is a high order issue.

We can all draw our own conclusions about what donors expect. As the head of the Australian Hotels Association, John Thorpe said a few years ago "Democracy isn't cheap".

Message for Howard: it's more than the economy stupid!

What a difference a day makes.

The Federal election yesterday in which the Labor Party has swept to power means that what John Howard had to say about anything has been rendered irrelevant with immediate effect.

So it doesn't matter that he failed to make any positive commitment during the campaign to greater transparency and accountability in government, or to freedom of information reform. Howard's party has not only lost government, but Howard himself almost certainly has lost his seat in Parliament.

It doesn't matter either that Peter Costello had 'form' as the minister prepared to argue that freedom of information laws were primarily designed to enable individuals to gain access to information about themselves. Or that he got that wrong, because FOI is essentially about public rights to access information about government's conduct of public functions.

Costello today has announced he won't be a candidate for leader of his party in opposition. He is now effectively a lame duck, as he has plans to pursue a career in commerce at the end of his three year term.

What does matter is that Kevin Rudd and the Labor Party have made commitments to improve Freedom of Information laws, introduce whistleblower protections that work, and ensure executive government is accountable to the Parliament and the public.

The PM elect has emphasised that he plans to govern for all of us. These commitments need to be acted upon promptly.

Rudd says secrecy days are over!

Well the proof of the pudding will only be seen if the ALP is elected on Saturday but Mr. Rudd is leaving a trail of positive intentions that will be hard to renege on, including this commitment to the National Press Club today: "I'll end secrecy: Rudd". He must have made these comments in response to questions as the half hour speech (available on the video link here) doesn't address these issues.

More information needed on ALP Information Policy

Analysis of the ALP's Information Policy Statement, yesterday by Matthew Moore in the Sydney Morning Herald, and today by Rick Snell in The Australian, concludes that not enough detail has been provided about the proposed changes and how they will work - the timeframe for action, what recommendations from the 1995 Australian Law Reform Commission Report will be implemented, steps to ensure the independence and clout of the Information Commissioner, etc. etc.

While Federal Labor sees merit in the Information Commissioner model, Labor in government in Western Australia has legislation before the Parliament that would remove their Commissioner's powers to undertake merits review of decisions to refuse access.

Then there is the question of resources.

The Prime Minister has foreshadowed a statement during the campaign of the Government's FOI reform plans.

The Attorney General and the Shadow Attorney General debate the legal issues on Tuesday at 9am at NSW State Parliament, so some of you may want to put aside the form guide for the Melbourne Cup for an hour or so and hear what they have to say.

Only three weeks to go folks........

ALP details FOI and privacy reform plans

Federal Labor has released a policy statement "Government information: Restoring trust and integrity" outlining planned Freedom of Information changes, and initiatives on journalist shield laws, whistleblower protection and suppression orders.

The key FOI changes are to act on the Australian Law Reform Commission Open Government report of 1995 including rationalisation of exemptions, and review of FOI charges. Conclusive certificates will be abolished.

Labor will establish an Office of the Information Commissioner to include both FOI and the existing functions of the Privacy Commissioner. The FOI Commissioner will have a role in advocacy and support within government, but will also take over merit review of FOI determinations. Aggrieved applicants will be able to seek review for free, replacing the current process where such matters go to the Administrative Appeals Tribunal.

The Australian Law Reform Commission review of privacy laws will continue with Labor planning to ensure that its recommendations cover issues associated with consistency of rules in privacy and FOI laws concerning protection of, and access to personal information.

There is quite a bit of press coverage including these articles in The Australian and The Age and this editorial in The Advertiser.

National Access Card on the chopping block?

According to this report in Australian IT, the ALP will scrap the National Access Card project entirely if elected on 24 November. No doubt some anxiety for those with large contract bids still swinging in the wind almost 12 months after tenders were called.

All quiet on this issue on the Government's part so far.

FOI movement at the station

Two interesting pieces from Chris Merritt, Legal Editor of the Australian.

A bit more background on David Solomon and the Review of the Queensland FOI Act.

And some comment on Opposition plans for improved accountability and FOI, with announcements due during the course of the Federal election campaign.

Federal Labor spells out FOI reforms

Opposition Shadow Attorney General, Joe Ludwig, in a speech last week to an information conference in Melbourne, said that Freedom of Information reform would be a priority if the Australian Labor Party was elected in the forthcoming federal election.

Senator Ludwig said that action need to be taken to promote a pro disclosure culture. Labor would "look at putting in place key findings of the 1996 Australian Law Reform Commission Open Government Report". He specifically mentioned revision of the Act, the establishment of an Information Commissioner, rationalisation of exemptions so that information would only be withheld where this was in the public interest, and ensuring charges are not a barrier to access. Senator Ludwig also said consideration would be given to combining responsibility in government for information access and privacy issues.

The speech also included a commitment to reforming shield laws for the media and other professions, and whistleblower legislation.

Full text: Joe Ludwig speech

Federal ALP Platform released

The Federal Australian Labor Party platform adopted at its National Conference in April has been posted on the web. Chapter 11 "Reforming Government" includes policy on a wide range of issues concerning integrity and openness in government administration including use of public money for political advertising, the operations of Parliament, ministerial conduct, campaign finance and whistle blower protection.

On Freedom of Information the final version doesn't vary from the draft quoted here in May, but states:

55. Labor will promote transparency and open government through improved freedom of information legislation. Conclusive certificates will be abolished and internal working documents that do not compromise national security will be accessible. Reports on the operation of government and government-funded agencies will be regularly tabled in parliament.

56. Freedom of information provisions should be available to all. Labor will ensure that the costs involved in using freedom of information procedures do not put them out of reach of the community.

57. Labor will ensure that considerations relating to outsourcing, privatisation, notions of commercial confidentiality and corporatisation are not used as excuses to allow government and government-funded agencies to escape the requirements of open government and accountability. The rights of clients and other recipients of such services, including rights to access to information, privacy, correction of inaccurate information and, where necessary, redress, will be maintained.

Coincidentally here is another report today about commitment to open government and accountability by US Democratic candidate Barack Obama.