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When the people of NSW poll-axed the former Labor Government after 16 years in office, fresh in the minds of voters was the stench of corruption that hung like an Albatross around Labor and some of its most senior members.
The former Parliament reeked – it reeked to high heaven - and as events at the Independent Commission Against Corruption (ICAC) continue and as the sun begins to set on this Parliament, the time has come for standards to be set – and enforced.
ICAC has a role to investigate and educate; as a standing Royal Commission, prosecution isn’t presently within its remit.
So - corruption findings flow and Eddie Obeid continues to live unencumbered at his Hunters Hill residence?
Is that it?
Should that be the sum total of the expectations of a community which feels they’ve been used and abused, not just by Obeid but by any Member of Parliament who has used their office for personal or private gain?
Mr Obeid continually says he wants his day in court – and I fervently believe he should have that opportunity. But there remain two critical concerns which need to be addressed to ensure those found to be corrupt have the opportunity to defend themselves in a court of law, and be punished for their crimes.
Firstly, while the O’Farrell and Baird Government’s have voted record sums to the ICAC, it’s the Director of Public Prosecutions that must consider a course of action based on the Commission’s findings. In order for priority to be given to these matters, additional special resources (funds) must be made available to give the DPP the opportunity to properly prioritise and instigate any action that could flow from any corruption finding.
Secondly, the statue books are presently lacking a crime of misconduct in public office which could apply to all Members of Parliament. A fact pointed to in spectacular style by ICAC Commissioner Megan Latham in her recent submission to the NSW Parliamentary ICAC Oversight Committee.
Her submission made it clear that the crime of misuse of public office, bribery and pecuniary interest offences needed to move from the common law to the statute books.
Believe it or not – our legal system presently leaves these matters to the common law, rather than elected representatives setting a standard that the community would expect. Other jurisdictions such as the Victorian Parliament have seen the need to set a standard – but the State which was once run by the Rum Corp now needs to ensure that history does not repeat itself.
It behooves every single Member of Parliament to ensure that those who seek to abuse the community’s trust and confidence can be dealt with by a system that has the power and the capacity to take out some of the most influential and intimidating and reduce them to the category of a common criminal. The deficit of criminal charges brought against Members of Parliament found to be corrupt is evidence enough that the system is grossly deficient, slow and needs to change.
Whilst it may be the case that common law offences are required to bring charges against the likes of Obeid, if there is any question of a lack of resources then every effort must be made to make these resources available to the DPP.
Politics was once a respected profession. Without the necessary changes, the public will be rightfully cynical about a body of people who makes laws for everyone else – with the exception of its self.
Gareth Ward MP is the Deputy Government Whip and Member for Kiama.
He is also chairman of the Joint Standing Committee on Electoral Matters