Jackie Trad conflict-of-interest laws inadequate, says CCC
The Crime and Corruption Commission has launched a broadside at the State Government, saying conflict-of-interest laws sparked by Jackie Trad’s investment property scandal do not reflect its recommendations.
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THE State Government could have to go back to the drawing board after Queensland’s corruption watchdog savaged its proposed conflict-of-interest laws.
The laws would see ministers face up to two years in jail if they intentionally failed to disclose a conflict of interest or did not update their register of interests in time.
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The laws, dubbed the “Trad laws”, were announced after Deputy Premier Jackie Trad failed to declare a Woolloon-gabba home she and her husband bought near the $5.4 billion Cross River Rail project, which she managed.
In a scathing submission, the Crime and Corruption Commission says the Government’s proposal is too weak and warns the planned conflict-of-interest offence overlaps existing laws against fraud and misconduct in public office.
This comes despite the Government claiming in November that the CCC was happy with the proposed laws.
“An unintended consequence of the proposed provision may be to ‘water down’ the seriousness of conduct which may already amount to serious criminal offending, rather than strengthening the framework and obligations on ministers to avoid conflicts of interest,” the CCC wrote.
“The CCC recommends that the requirement for proof of dishonest intent be removed. Making this misdemeanour an offence of ‘strict liability’ would appropriately recognise the lesser culpability where dishonest intent could not be proven, encourage transparency in the way ministers deal with conflicts of interest, and significantly contri-bute to reducing corruption risk.”
The CCC cleared Ms Trad of corrupt conduct but recommended sweeping changes including introducing a criminal offence for when a Cabinet member did not declare a conflict of interest. It also recommended that Parliament create a criminal offence for when a member of Cabinet failed to comply with the Register of Members’ Interests.
The Government ignored the CCC’s calls to allow ministers to be sacked if they intentionally breached disclosure rules, the submission says.
The watchdog said it preferred a proposal by the Opposition to make it illegal when a Cabinet member was aware or should be aware of a conflict of interest but it also warned the Opposition bill “unnecessarily restricted” the offence to discussions in Cabinet.
A Government spokesman said it would consider the committee’s recommendations.
LNP Deputy Leader Tim Mander said the Government misled Queenslanders when it said the CCC’s recommendations had been followed.