Crossbench split on federal ICAC powers

Crossbench MPs are divided on whether the Albanese government’s national anti-corruption commission should be able to investigate breaches of the ministerial code of conduct.

Crossbench senators Pauline Hanson and Jacqui Lambie. Picture: Kym Smith

Crossbench MPs are divided on whether the Albanese government’s national anti-corruption commission should be able to investigate breaches of the ministerial code of conduct, as a leading advocate for the body says he would be “bitterly disappointed” if it were not legislated this year.

Anthony Albanese on Wednesday cleared his ministers when asked whether an NACC would have the power to investigate possible breaches of a strengthened ministerial code of conduct. The Coalition last week accused several Labor ministers – including Mark Dreyfus, Bill Shorten and Kristy McBain – of potentially contravening the code for holding various investments and shares.

“The ministerial code has been complied with,” the Prime Minister said, while refusing to confirm whether breaches of the code would fall under an NACC remit.

Geoffrey Watson SC, a former council assisting the NSW Independent Commission Against Corruption, said Mr Albanese should make every effort to ensure he keeps his election promise to pass legislation through the parliament this year to establish the body.

“I think it will be done this year but if it is to be deferred to next year, I would be bitterly disappointed and we would need to hear some reasons as to why this has happened,” he said.

Mr Watson said breaching the ministerial code of conduct should be an issue for the NACC only if there was a suspicion of corruption.

Ministers should be investigated for their investment holdings only if there was a ­potential conflict of interest on decision-making, he added.

“There are matters in the code of conduct which go nowhere near political corruption that are in fact very much internal matters. One of them is the bonking ban – you wouldn’t want that referred to a bloody federal ICAC. But there are other parts of it which, if serious, would probably lead to referrals.”

ACT independent senator David Pocock and teal independents Monique Ryan and Allegra Spender agreed the NACC should be able to investigate possible breaches of the ministerial code if the breaches were “serious”, “substantial” or could amount to systemic corruption.

Dr Ryan said declarations by the Labor ministers seemed to be “relatively minor issues” and she would not expect them to be ­considered by the commission but fellow teal independent Zoe Daniel said it would be a matter for the NACC once it was in operation. One Nation leader Pauline Hanson said breaches of the ministerial code, including possible violation by Labor ministers raised by the Coalition, should be investigated by the NACC.

Independent Tasmanian senator Jacqui Lambie said the ministerial code “should be kept well away from what the national anti-corruption commission’s doing”.

“There’s no way in hell the commission should be chasing down MPs who break the ‘bonk ban’ or forget to update their interests register,” she said.

“Trust me, those commissioners will have bigger fish to fry.”

The Greens are calling for a bill to establish the NACC to be complemented by a separate independent parliamentary standards commission, which would enforce a code of conduct for all MPs and ministers.