The ‘sports rorts’ affair shows the need for a proper federal ICAC – with teeth



AAP/Mick Tsikas

Yee-Fui Ng, Monash University

While Sports Minister Bridget McKenzie has been forced to resign over the “sports rorts” affair, the matter is far from settled. It’s likely to feature heavily in parliamentary debate in the coming days.

One of the outstanding issues is the very different findings by the Audit Office report and by the review undertaken by the head of the prime minister’s department, Phil Gaetjens. Scott Morrison has said he will not release the Gaetjens report, so we can only go on the quotes Morrison read from it in his press conference announcing McKenzie’s resignation.

Gaetjens found McKenzie had breached the ministerial standards due to her conflict of interest in failing to disclose her membership of a gun club that received funding. At the same time, he absolved the government, as he “did not find evidence” the allocation of grants was “unduly influenced by reference to marginal or targeted electorates”.




Read more:
The ‘sports rorts’ affair shows the government misunderstands the role of the public service


In contrast, the auditor-general concluded that the “award of grant funding was not informed by an appropriate assessment process and sound advice”, and was contrary to principles of merit.

So, what is the status of the prime minister’s department compared to the auditor-general? And how would this have played out differently with a federal Independent Commission Against Corruption (ICAC)?

How was the affair handled by government?

The auditor-general is an independent officer of parliament, with the mandate to audit government finances. The position is independent from government and reports to parliament.

Alongside other integrity officers, such as the ombudsman and information commissioner, the auditor-general forms an important part of the Australian integrity framework. Their job is to hold government to account. They have significant coercive powers to compel documents and persons, which is essential to expose government wrongdoing.

The integrity officers have brought to light many examples of government maladministration. Yet they cannot compel government to change its practices – they only have the power of publicity and recommendation.

By referring the sports rorts affair to the prime minister’s department to investigate, the government is essentially conducting an internal investigation.

The department is under the full control of the prime minister. Like all senior public service executives, the department’s secretary, Gaetjens, is on a fixed-term contract without employment security.

The heyday of the mandarin is over. Departmental secretaries in the 1950s and 1960s had permanent tenure. By contrast, recent governments have been in the habit of sacking departmental secretaries and installing their allies in the positions.

This means an investigation by the auditor-general is far more independent than one by the secretary of the prime minister’s department. The auditor-general is independent of government. Unlike the Gaetjens report, his report is publicly published and tabled in parliament.

What would have happened with a federal ICAC?

A former NSW auditor-general has claimed a federal ICAC would have investigated the sports grants scandal.

So, how might this incident have played out if there was a federal ICAC?

First of all, it depends which version of a federal ICAC we are talking about. Federal Attorney-General Christian Porter has proposed a watered-down model of a Commonwealth Integrity Commission (CIC).

The threshold for investigation by Porter’s CIC model is high. It requires a reasonable suspicion of corruption amounting to a criminal offence before an investigation can even begin. It is doubtful the sports rort affair can meet this very high bar of suspected criminality.




Read more:
The proposed National Integrity Commission is a watered-down version of a federal ICAC


So it is unlikely the proposed CIC will even have the power to investigate this issue.

Even if the CIC could investigate, it would not have the power to conduct public hearings or make findings of corruption.

On the other hand, if a federal ICAC “with teeth” is implemented, it is more likely to have the power to investigate this alleged maladministration of public funds.

A strong federal ICAC would have the power to hold public hearings. It could more fully ventilate all issues surrounding this matter.

There have been broader questions about the alleged involvement of the prime minister’s office in the handling of the grants that remain unanswered. The prime minister has denied any such involvement.

A strong federal ICAC would have been able to compel ministers, public servants and ministerial advisers to give evidence. This would paint a better picture of political interference in Sports Australia’s decision-making.

A strong ICAC investigation would be far more independent than that of a departmental secretary, and its final report would be public. It would also be able to make findings of corruption, which could then be prosecuted in the courts.

How can things be improved?

McKenzie has resigned, which is emblematic of ministerial responsibility. The minister has taken the hit based on her failure to declare her conflict of interest.

But the Gaetjens finding that there has been no political interference in the sports grant allocation is rather convenient for the government.

Gaetjens’ conclusion was also flawed in stating that political considerations were not “the primary determining factor”.

The question was never whether partisanship was the primary determining factor: political considerations should not have been a consideration at all in awarding the grants. As the ministerial standards say: ministers must not take into account irrelevant considerations.

It would have been better if a truly independent body, such as a strong federal ICAC, conducted the investigation to assuage all doubts.

Another major issue is the interaction between the minister and Sports Australia, an independent statutory corporation.

Some jobs have been taken out of the hands of politicians and given to government corporations such as Sports Australia. This is to avoid the partisan interference and short-termism that characterises modern politics. An example is letting the Reserve Bank set interest rates, rather than politicians.

Yet, in this situation, the minister interfered with Sports Australia’s legal decision-making.

My research has shown government corporations set up by statute, such as Sports Australia, are subject to a high level of parliamentary, financial and legal accountability. They should thus be given the freedom to operate in keeping with their statutory mandate.

We still have work to do to tighten up rules to ensure the probity of procurements and grants. We also need to clarify the roles of ministers in relation to statutory corporations like Sports Australia. Only then can we say we have resolved the issues arising from the sports rorts affair.The Conversation

Yee-Fui Ng, Senior Lecturer, Faculty of Law, Monash University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Labor moves in on the Barnaby Joyce affair


Michelle Grattan, University of Canberra

The Labor Party, which started with a hands-off approach to the Barnaby Joyce affair, has now segued into making it a political issue, while trying to still argue that its “personal” aspect should be private.

The opposition is eyeing possible openings to exploit in the liaison between Joyce and his former staffer Vikki Campion – who is expecting his child – by pursuing questions about processes and taxpayers’ money, as well as harbouring the hope of dragging Malcolm Turnbull into the matter.

Deputy Labor leader Tanya Plibersek walked the fine line on Sunday.

“I don’t think [Joyce] needs to account for his personal behaviour, his relationships, to the public,” she told the ABC.

“The only area in which there is a genuine public interest is in the area of the expenditure of taxpayers’ funds, and there have been questions over the last couple of days about jobs that have been created for Vikki Campion, the expenditure of taxpayer funds on travel.

“I think those are areas where the prime minister and the deputy prime minister ought to be fully transparent,” she said.

Turnbull last week tried to keep away from the Joyce matter by saying it was private.

“These private matters are always very distressing for those involved, I don’t want to add to the public discussion about it. I’m very conscious of the distress this causes to others, in particular Natalie Joyce and her and Barnaby’s daughters. So it’s a private matter, a tough matter. I don’t have any more to say about it,” he said on Friday.

Pressed later, he said he was “not aware of any inappropriate expenditure of public funds”. But the issue of “public funds” is becoming murkier.

When the Joyce-Campion affair was creating problems in Joyce’s office, she was moved to the office of Resources Minister Matt Canavan. Later a place was found for her with Nationals then whip Damian Drum.

Questions are now being asked about the pay and arrangements in relation to these positions. On Friday, Turnbull was being quizzed about whether he’d counselled Joyce to remove Campion.

One can only imagine the Turnbull anger about the situation. He comes at it from a personal position of being very family-oriented and his sympathy is clearly with Natalie Joyce and the daughters. Also, with the government starting the year looking better, the last thing Turnbull wants is to have this becoming another distraction, let alone have any suggestion of a role in it.

Joyce by Saturday had publicly taken sole ownership, with a statement “that he had not discussed Ms Campion’s employment with the prime minister or his office.

“He confirmed that the Nationals were responsible for decisions relating to staffing in the offices of Nationals’ members. The Prime Minister’s Office has an administrative role in informing the Department of Finance.” Labor no doubt will be probing this “administrative role”.

Finance Minister Mathias Cormann, appearing on Sky on Sunday, was clearly uncomfortable. He maintained that “all of my advice is that everything was absolutely above board”, while also saying: “I am not aware of the specific staffing circumstances of every single one of my colleagues”.

The next few days will reveal whether there is anything to see, in terms of untoward arrangements or costs. Nationals sources point to the obvious implications for Joyce if there were any such revelation.

The big question – assuming there is no public money time bomb – is what this will do to Joyce’s leadership. There are mixed opinions.

He can point to the fact that in terms of retail politics, he has been highly popular, and led the party to a very good result at the election, in contrast to Turnbull’s below-par performance.

His position is protected (even more than Turnbull’s, in the Liberal Party, is protected) by the absence of an alternative leader. But the Nationals are at present an unhappy bunch.

There’s criticism of Joyce’s recent performance, including his handling of the Nationals’ part of the pre-Christmas reshuffle, which saw Victorian MP Darren Chester dumped from cabinet and assistant minister Keith Pitt ending up on the backbench.

There’s ruminating about how his new circumstances will play out in the wider Nationals’ constituency, which tends to be conservative and family-oriented. Will people have long memories or will they just move on when the fuss dies down?

Perhaps most relevant is whether Joyce will lose his political energy as he deals with new personal circumstances and some loss of respect.

With a bitter separation behind him, it won’t be easy.

Tony Windsor, Joyce’s old enemy in the seat of New England, is turning the knife, predicting in a tweet: “The Eagles are circling, don’t be surprised if Joyce resigns “for personal reasons” before the main story claims him … he will know it’s getting close to a one-way street to a job with Gina”.

The ConversationWith unfortunate if exquisite timing, Turnbull held a family fun day for Coalition MPs at the Lodge on Sunday. Unsurprisingly, there was no sign of his deputy prime minister.

https://www.podbean.com/media/player/6jqa7-8776fa?from=site&skin=1&share=1&fonts=Helvetica&auto=0&download=0

Michelle Grattan, Professorial Fellow, University of Canberra

This article was originally published on The Conversation. Read the original article.

Persecution News: What was Missed While on My Break – Part 3


The following are articles from Compass Direct News from the period I was on my break:

 

Police in Pakistan Shoot Mourners at Funeral of Christian


Authorities allegedly kill young man in custody on contrived charge of desecrating Quran.

LAHORE, Pakistan, September 17 (CDN) — At a funeral for a Christian man allegedly tortured to death while in custody on a spurious charge of blaspheming the Quran, police in Sialkot, Pakistan yesterday fired on mourners trying to move the coffin to another site.

Area Christians suspect police killed 22-year-old Robert Danish, nicknamed “Fanish” or “Falish” by friends, by torturing him to death on Tuesday (Sept. 15) after the mother of his Muslim girlfriend contrived a charge against him of desecrating Islam’s scripture. The allegation led to calls from mosque loudspeakers to punish Christians, prompting an Islamic mob to attack a church building in Jathikai village on Friday (Sept. 11) and beat several of the 30 families forced to flee their homes.

Jathikai was Danish’s native village, and some family members and other Christians wished to transfer his coffin to his hometown. Eyewitnesses at the funeral in Christian Town, Sialkot, said police fired shots directly at the Christians, injuring three, when mourners began to move the coffin toward nearby Jathikai. Mourners fled.

Sialkot is 125 kilometers (78 miles) northwest of Lahore in Punjab Province.

Controversy swirled around the cause of Danish’s death, with Christians refusing to accept police claims that he committed suicide. Results of forensic tests are expected within a week.

The dark moment for Danish’s family grew gloomier yesterday when police seemed to be seeking the first excuse for heavy-handed tactics at the funeral attended by hundreds of people, Christian sources said. When the family and other Christians tried to take the coffin to his hometown of Jathikai, police fired on them, charged them with batons and snatched the body from them, Christian sources said. 

Eyewitness Sajawal Masih told Compass that as soon as mourners lifted the coffin, police began firing tear gas.

“We were running when police opened fire and one bullet went through my foot, and two others also were injured,” he said.

There were reports of Christian youths pelting officers with stones, and police reportedly said that they needed to rush the crowd and make arrests to prevent “further disturbances.”

On Tuesday night (Sept. 15), Danish’s survivors and other Christians had decided that the body would be buried in Christian Town because of the dangers of potential attack in Jathikai, according to Christian Town Councilor Tanveer Saqib. Saqib said that the funeral was to be held at 10 a.m. on Wednesday (Sept. 16) at the Christian Technical Institute (CTI) Ground in Christian Town, Sialkot city.

Pakistan Muslim League-Quaid (PML-Q) Member of National Assembly (MNA) Akram Gill said that when he and several youths took the body from the CTI Ground and began heading toward Jathikai village, police began firing. Gill told Compass that police opened fire on them as well as the crowd, injuring three Christians.

Gill, a Christian, added that police also shot tear gas, and that officers arrested about 100 Christians. The national assembly member said police arrested him and took Danish’s body to the Christian Town Graveyard in Sialkot. In spite of the tear gas, Gill said, he and others went to the graveyard but encountered armed police who also fired tear gas, turning them back.

For three hours, Gill said, Criminal Investigation Department police detained him, and although he was released, police arrested PML-Q Member of Provincial Assembly (MPA) Shehzad Elahi and his whereabouts were still unknown. He said that whenever Pakistan Muslim League-Nawaz (PML-N) members come into power in the province, problems for Christians multiply.

Cause of Death

How Danish died remained unclear. Allama Iqbal Hospital Deputy Medical Superintendent Sajid Hussein told Compass that on Danish’s body there was a large welt on the back of the neck and “marks on the legs and back.” He said it was too soon to determine cause of death but that police had pronounced it a suicide.

Tissues taken from the body have been sent to Lahore for chemical and histopathology tests. He said these tests would indicate how the wounds were made, including whether they were inflicted after death.

“The report of these tests would come within a week, and I would inform the media of its findings,” he said. “I cannot comment on whether he committed suicide or not, as the matter is before the court.”

There were unconfirmed reports that state officials were pressuring doctors at Allama Iqbal Hospital to declare Danish’s death a suicide; Hussein denied these statements, telling Compass that they were “mere rumors.”

Hussein said that two Christian doctors, one from Bethania Hospital and the medical superintendent of Jalalpur Jattan Mission Hospital, were allowed to observe the autopsy. Christian Town Councilor Tanveer Saqib said that after the autopsy, the two Christian doctors came out and told media in front of thousands of Christians that Danish had been tortured to death.

Saqib said Danish’s father received the body and, accompanied by thousands of Christians, took it to Baithania Mission Hospital. The procession was so big that it took nearly four hours, though the route was not far.

Over the weekend Danish’s father had been unduly arrested, and upon his release a station house officer told Danish’s uncle, Saleem Masih, that even though Danish’s father was being released, Danish never would be. Saleem Masih told Compass that Danish’s father went back to his jailed son and told him, “My son, we have been trying our best to save you, but it doesn’t seem we will succeed. I think it is the last time I’m seeing you, so I commit you in the Lord’s hands.”

Councilor Saqib said that a Christian constable posted at the Sialkot District Jail told him that he saw Danish in the jail at around 7 a.m. and that he appeared unharmed. At about 10 a.m., however, jail administrators called important figures in the Christian community and told them that Danish had committed suicide, Saqib said.

Danish’s body was taken to a trauma center for a CT scan, he said, then to Riffat Idrees Hospital for an MRI.

“Along with the body were two Christian doctors – Dr. Tariq Malik and Dr. Qammar Sohail – and we were confident that they would tell the facts,” he said, adding that Malik had all medical reports of these tests.

The Punjab provincial government has ordered an investigation into the death, and three prison officials have reportedly been suspended.

Tragic Love

A paternal cousin of Danish identified only as Parveen confirmed reports that the conflict grew out of a romantic relationship between Danish and Hina Asghar, a young Muslim woman. She said Danish and Asghar were neighbors and had been seeing each other for three or four years.

On the night of Sept. 10, Parveen told Compass, Danish and Asghar met on the roof, angering the young Muslim’s mother. Early the next morning, Asghar’s mother spoke of the affair with the wife of local Muslim cleric identified only as Amanullah; the cleric’s wife in turn warned Asghar that both she and Danish could lose their lives if the relationship continued, Parveen said.

When Danish met Asghar on the road the next morning, Parveen said, the young Muslim woman refused to talk to him but tried to hand him a letter explaining the warning she had received. Upset, Danish batted her hand away as she was trying to give him the letter.

“Because he pushed her hand with a jerk, supara 21 [a section of the Quran larger than a sura, or chapter] fell from her hand and dropped onto a nearby sewage stream and got smeared with garbage,” Parveen said.

Saleem Masih, Danish’s uncle, questions that what fell from Asghar’s hand was a part of the Quran. He told Compass that Asghar was trying to give Danish a green-colored diary that only looked like the similarly green-covered section of the Quran. After the rumor began circulating that Danish had blasphemed the Quran, Saleem Masih said, Danish told his mother that it was not the Quran but a green diary that Asghar was trying to give him which fell.

According to Parveen, Asghar returned home and began cleaning the recovered scripture part, and her mother asked how it became sullied, Parveen said. Asghar’s mother subsequently rushed to cleric Amanullah’s wife, who then told her husband about the incident.

Saleem Masih told Compass that he and his wife, along with Danish’s parents, went to Hina Asghar’s father, Asghar Ali, bowed before him and pleaded for him to stop the false rumors of desecration of the Quran. He responded that Muslim cleric Amanullah would decide on it after the Friday prayers, and that the matter was not in their hands anymore.

On that day, Sept. 11, at about 11 a.m., the Muslim cleric announced during the Friday prayer that a Christian had blasphemed by desecrating the Quran, Parveen said.

Islamic mobs brandishing sticks were already arriving in the village, shouting against Danish and demanding that he be hung to death. They also occupied a house that he owned. Surrounding families fled their homes, leaving domestic animals without food and water.

Relatives Thrashed

Nadeem Masih, a paternal cousin of Danish, said that when he arrived at the village by motorbike that day, a large number of emotionally charged Muslims were setting Calvary Church on fire.

He said several Muslims had surrounded Danish’s father, Riasat Masih, and that he managed to get his uncle onto his motorbike to try to escape. They sped through several mob attempts to stop them and were eventually pursued by two Muslims on motorcycles. As Nadeem and Riasat Masih entered the main road, their motorbike slid and fell as they barely avoided an approaching truck. Nadeem Masih escaped but his uncle, Danish’s father, was captured.

Saleem Masih said that the Muslim mob took hold of Danish’s father, tied him up and were about to set him on fire when elderly men intervened, saying punishment for that crime would be too great, and suggested they instead only beat him. After beating Danish’s father, the Muslim mob untied him and took him into the church, where they burned Bibles, hymn books and other items and continued beating him.

Christian sources said police arrived and arrested Riasat Masih – not his attackers – and took him to the police station. Riasat Masih filed a crime report against the jailor and police officials at the Civil Lines Police Station, according to Christian Town Councilor Saqib.

Saleem Masih told Compass that he also was beaten. He said he was with Calvary Church Senior Pastor Dilshad Masih when they arrived in the village to find the mob setting church articles on fire and striking it with whatever they could find on hand. Realizing he could do nothing, Saleem Masih said he ran to his farmhouse, also owned by a Muslim named Bao Munir.

Munir took hold of him, he said.

“He brought out my cot and other belongings and set them on fire, and then he also tried to burn me in this fire,” Saleem Masih said.

Munir told him he could either be burned or go with him back to the village, and he forced all of the Christian’s clothes off of him except a cloth covering his loins and burned them, Saleem Masih said. After some struggle, he said, he managed to escape.

Danish, meantime, was hiding in a house in Jathikai village but was arrested the next morning (Sept. 12) when he went out for drinking water.

Tensions escalated, a source told Compass, when cleric Sabir Ali announced from his mosque in nearby Bhopalwala village that a Christian boy had blasphemed Islam by throwing the Quran in a drain.

Church Fire

After Calvary Church was set on fire, about 30 nearby families fled from the brutal beatings. Eyewitnesses told Compass that the assailants first went to Danish’s house. Not finding anyone there, they attacked the locked church which was only three houses from his.

The eyewitnesses, who were still in hiding and fearing further attacks, said that the assailants burned Bibles and hymnbooks. The assailants brought the church cross out, they said, and beat it with their shoes. The sources said the attackers were mainly from Shabab-e-Milli, a wing of the Muslim extremist Jamaat-e-Islami.

Christian Town Councilor Saqib said that the mob got hold of Calvary Church Senior Pastor Masih and severely beat him while police stood by. Police kept Saqib and his team from going to the blazing Calvary Church building, signaling them from afar not to come near, he said. He added that they had to turn back as the rampaging Muslims turned on them to attack, which police made no effort to stop. 

Pastor Masih told Compass that when he and Saleem Masih arrived at the church building, Muslims shouted at them, “Catch these Christians!” He remained standing as others fled, he said, and the mob beat him and took his mobile phone.

“They wanted to kill me, but miraculously I managed to run from there,” he said.

Saqib said MPA Kamran Michael of the Pakistan Muslim League-Nawaz (PLM-N), the ruling party in Punjab province, reached the village on Friday, but police did not allow him to go to the burning church, citing security threats. About 500 Christians later gathered in Sialkot to protest the church fire, with Michael addressing the crowd.

Michael said that one of the protestors reminded him that after Islamic mobs burned homes in Gojra last month, he had vowed to resign if further attacks took place. The crowd then began demanding that he resign, and police opened fire and charged the crowd with batons. He added that throughout the incident there were several media vans, but none of the major television stations covered the protest.

Several Non-Governmental Organizations (NGOs) and Christian media also faced difficulties in getting in the village, though in all previous incidents media and NGOs were allowed access. In this case, however, police told them that they were not allowed due to security reasons. Also unable to gain access to Jathikai was Pakistan People’s Party provincial Assembly Member Amna Buttar and minority rights groups.

George and Butta Masih, along with four family members, were in Jathikai tending to their five cows on Sunday (Sept. 13). George Masih told a Compass reporter who had somehow got into the village that they stayed home all day and went out only at night to bring some fodder for the animals. They said that Muslims would beat any Christians seen during the day.

On Sunday about 500 to 700 Muslim women staged a protest in Sialkot to refute the notion that a Muslim woman could fall in love with a Christian man.

Several Christian and secular organizations in Lahore have scheduled a candle-light vigil today (Sept. 17) as a memorial for Danish and other members of Pakistan’s minority communities who have been killed or attacked in Islamist attacks.

A field officer for advocacy group Community Development Initiative, Napoleon Qayyum, said such attacks were weakening the Christian community. 

“After the Gojra incident, several Christians said that their Muslim employers had told them not to come to work anymore,” Qayyum said. “This economic dependence further plays part in seeking justice.” 

He added that in the June 30 Islamist attack on Bahmaniwala, in Kasur district, Christians did not want to pursue justice as they worked on Muslims’ land and could not afford confrontation.

“Their fear is that they would be left without jobs,” he said. “Due to economic dependence and poor status, Christians neither pursue their cases, nor do they defend themselves in such instances.”

Report from Compass Direct News