Better ethics oversight in parliament needed amid Anthony Albanese’s Qantas revelations
The PM’s acceptance of free flight upgrades and entry into the chairman’s lounge at Qantas may not fall into the legal definition of bribery but is a result of the Australian parliament’s lacklustre ethics and integrity oversight, a law professor has argued.
Anthony Albanese’s acceptance of free flight upgrades and entry into the chairman’s lounge at Qantas may not fall into the legal definition of bribery but is a result of the Australian parliament’s lacklustre ethics and integrity oversight, a law professor has argued.
Griffith University professor of public policy and law AJ Brown told The Australian the Prime Minister’s acceptance of free upgrades from Qantas only falls into the legal definition of bribery “with a lot of difficulty”, but it is legitimate to ask if a gift or relationship with former CEO Alan Joyce has led to a compromised decision.
“(That is) because of the fact that they have been a very accepted form of standard (gift) … and pretty transparent for such a long period of time. So there is not much that’s clandestine about it,” Professor Brown said.
“Transactions that we view as seriously corrupt often have a clandestine element to them,” he said.
“This is clearly not a secret commission, but that doesn’t mean that it’s not potentially corrupt.”
He said any gift or benefit can potentially be corrupt, but “the question is whether it’s compromised the integrity of decision- making and that’s what we still don’t know”.
Last year the Albanese government rejected a bid from Qatar Airways to introduce more international flights into the country, which would have increased competition with Qantas and potentially lowered the cost of some routes.
Professor Brown said the underlying issue appears to be that, beyond the National Anti-Corruption Commission, there is no parliamentary mechanism to assess whether or not Mr Albanese’s acceptance of free upgrades and chairman’s lounge perks influenced him in his dealings with Qantas.
“We should have an independent commissioner or officer who is in a good position to assist the parliament. Who’s got the job of independently assessing, whether there is a problem or not, as well as supporting MPs to manage conflicts of interest.”
As well, Professor Brown – who is also the chair of Transparency International Australia – said the parliamentary code of conduct introduced after Brittany Higgins alleged she was raped by Liberal staffer Bruce Lehrmann at Parliament House did not go far enough.
He said it should have been broader, and set out a code of integrity and ethics for MPs.
“And so you end up in a situation where, I think the Prime Minister – and any politician in the federal parliament at the moment – is easily caught out by the problem that the rules, the law (only) force … them to declare interests. But that’s all that’s actually required,” he said.
“That’s not enough. It’s a very out of date, fragmented way of trying to manage gifts, benefits and interests.”
Spokespeople from law firms King & Wood Mallesons, Minter Ellison, Clayton Utz, Ashurst, Allens and Corrs Chambers Westgarth all refused to respond to questions from The Australian.
Some declined to comment when asked if Mr Albanese’s free flight upgrades could fall into a legal definition of bribery because Qantas is or was a client. Others gave no reason.