The case of Michaelia Cash and her leaking adviser illustrates a failure of ministerial responsibility



File 20171026 28036 pjf32w.jpg?ixlib=rb 1.1
Michaelia Cash has refused to resign over misleading parliament, claiming she was unaware of one of her staffer’s actions.
AAP/Lukas Coch

Yee-Fui Ng, RMIT University

The federal opposition is continuing to call for Employment Minister Michaelia Cash’s resignation, claiming she misled parliament this week after repeatedly telling a Senate estimates committee that neither she nor her office had any involvement in tipping off the media about a police raid.

Cash’s senior media adviser, David De Garis, later confessed he had leaked information about the raid on the Australian Workers Union’s offices to the press. Cash retracted her statements and De Garis resigned.

Labor frontbencher Tony Burke argued that “the wrong person has resigned”. But Cash has refused to resign, claiming she was unaware of her staffer’s actions. Prime Minister Malcolm Turnbull has defended Cash, saying she acted properly.

Who are these advisers?

Ministerial advisers are partisan staff who are personally appointed by ministers and work out of the ministers’ private offices.

The number of Commonwealth ministerial staff has increased over the years from 155 in 1972 to 423 in 2015.

Ministerial advisers undertake a wide range of functions. Tony Nutt, a long-time former adviser, has said:

… a ministerial adviser deals with the press. A ministerial adviser handles the politics. A ministerial adviser talks to the union. All of that happens every day of the week, everywhere in Australia all the time. Including frankly, the odd bit of, you know, ancient Spanish practices and a bit of bastardry on the way through. That’s all the nature of politics.

The question is what happens if advisers overstep their roles?

Ministerial responsibility and political advisers

According to the doctrine of ministerial responsibility, ministers are responsible to parliament for the acts of their departments.

British academic Sir Ivor Jennings wrote that the “act of every civil servant is by convention regarded as the act of the minister”. And British MP Lord Morrison proclaimed that the “minister is responsible for every stamp stuck on an envelope”.

But it is doubtful that this principle has ever reflected reality. It is rare for ministers to resign or even accept responsibility for the actions of their department, where they were not personally involved.

Ministers should also technically take responsibility for the actions of advisers in their own offices, who are at an even higher level of direct ministerial control than departments.

Even more than public servants, advisers are seen to be acting as alter egos of their ministers. This means ministers should be accountable to parliament for the actions of their advisers – even those they did not authorise.

But what happens in reality is that ministers tend to use their advisers as scapegoats and blame them for controversial events. This is consistent with “public choice” theory, which predicts that politicians have the incentive to deflect all the blame that comes in their direction while accepting the credit for anything that goes right.

How are advisers regulated?

Australia has inadequate legal and political regulation of ministerial advisers. They are subject to a Statement of Standards, which sets out the standards they are supposed to meet in preforming their duties.

Sanctions under the standards are handled internally within the executive through the Prime Minister’s Office. This means any breaches of the standards by ministerial advisers would be handled behind closed doors, without the scrutiny of parliament or any external bodies.

Ministerial advisers have also refused to appear before parliamentary committees on their minister’s instruction. This has impeded the investigations of significant parliamentary committees, including the Children Overboard affair.

Australia thus has minimal legal and political regulation of ministerial advisers. This has led to an accountability deficit, where ministers have been able to utilise their advisers to escape responsibility for public controversies and scandals.

How can we fix the system?

Other Westminster jurisdictions have more stringent regulation of political advisers.

There are a few forms of regulation of advisers. The first is restrictions on the employment of advisers, either through a cap on the numbers of advisers, as in the UK, or a cap on the total budget for advisers, as in Canada.

Second, regulations can restrict the actions of advisers themselves. For example, in the UK, there is a prohibition on advisers leaking confidential or sensitive information, which would have been applicable in this scandal.

Canada has post-employment restrictions banning advisers from becoming lobbyists for five years after ceasing their employment.

Third, transparency measures also exist, such as requirements that departments disclose all meetings that advisers have with the media (as in the UK) and what hospitality these advisers receive (in the UK and Canada).

Ideally, the Australian regulatory framework should be reformed so it is policed externally from the core executive. In Canada, the conflict of interest and lobbying provisions are policed by the Conflict of Interest and Ethics Commissioner, who has been independent and ready to criticise the government.

And, in the UK, the rules provide for political advisers to appear before parliamentary committees. Similar guidelines could be drafted to facilitate the appearance of advisers before Australian parliamentary committees.

The ConversationIn the last 40 years, ministerial advisers have become an integral part of Australia’s system of government. But the law and rules have lagged behind, and our system should be reformed to ensure greater accountability.

Yee-Fui Ng, Lecturer, Graduate School of Business and Law, RMIT University

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

Advertisements

Coptic Christians Gunned Down after Christmas Service in Egypt


Suspected Muslims fire automatic rifle from moving car; congregation had received threats.

LOS ANGELES, January 7 (CDN) — In spite of threats of violence from Muslims in an area of Egypt wracked by sectarian violence, police declined to increase security for a Coptic Christmas Eve service on Jan. 6, and six Christians were shot to death after leaving the church.

Three men suspected to be Muslims, including one with a criminal record sought by police, were in a moving car from which automatic gunfire hit Coptic Christians who had attended services at St. John’s Church in Nag Hammadi, 455 kilometers (282 miles) south of Cairo. A Muslim security guard was also killed, and nine other Coptic Christians were wounded, with three of them in critical condition, according to news reports.

Copts, along with many Orthodox communities, celebrate Christmas on Jan. 7.

The primary Muslim suspected of firing the automatic rifle at the Copts, witnesses reportedly told police, is local resident Mohammed Ahmed Hussein. Local clergy said Hussein had not been arrested for previous crimes because he receives protection from officials in the ruling National Democratic Party.

Hussein reportedly fired while his car traveled some 400 meters. A provincial security official told The Associated Press that those killed were shot 200 meters from the church.

The church’s bishop told Agence France-Presse (AFP) that he had concluded the Christmas Eve mass an hour early, by 11 p.m., for security reasons. 

The clergyman, identified only as Bishop Kirilos, told AFP some of those in his congregation had received cell phone calls threatening that Muslims “will avenge the rape of the girl during the Christmas celebrations.”

In November a local 12-year-old Muslim girl was allegedly abducted and raped by a Coptic youth. In response to the alleged rape, hundreds of Muslim protestors torched Christian-owned shops in the town of Farshut, near Nag Hammadi.

After killing those near the church in yesterday’s attack, the bishop reportedly said, the gunmen continued shooting at Copts in other parts of the town. They reportedly fired at a convent, which also houses the bishop’s offices, as they left town.

Thousands of Coptic Christian demonstrators reportedly took to the streets in Nag Hammadi today to protest lack of protection from Muslim violence. An estimated 5,000 Copts attended the funeral for the six Christians victims.

AFP reported that protestors stoned cars during the funeral, and in response police fired tear gas. Demonstrators reportedly chanted, “With our spirit and blood, we will sacrifice ourselves for the Cross.”

Report from Compass Direct News 

UGANDAN LRA INVOLVED IN CHRISTMAS MASSACRE AT CHURCH


Uganda’s army is accusing rebels of the Lord’s Resistance Army of hacking to death 45 civilians in a Catholic church in the Democratic Republic of Congo, reports Michael Ireland, chief correspondent, ASSIST News Service.

A story on the BBC website quotes Ugandan Army Capt Chris Magezi who said the scene was “horrendous… dead bodies of mostly women and children cut in pieces.” The attack happened on December 26.

A rebel spokesman has denied responsibility for the killings, which follow a collapse in the peace process, the BBC said.

It also reports the UN saying that at least 189 people were killed in several attacks last week. Some reports say more than 100 people were killed in the church alone.

The BBC said the armies of Uganda, South Sudan and DR Congo carried out a joint offensive against the rebels in mid-December after LRA leader Joseph Kony again refused to sign a peace deal.

The BBC reported the LRA leader, who has lived in a jungle hideout in north-eastern DR Congo for the last few years, is wanted by the International Criminal Court for war crimes and crimes against humanity.

It also says Uganda’s government had been involved in lengthy peace negotiations with the LRA, hosted by the South Sudanese government. But LRA leader Kony has demanded that arrest warrants for him and his associates be dropped before any agreement can be struck.

Meanwhile, the UN peacekeeping mission in DR Congo says one of its troops accidently shot and killed a Ugandan soldier in the nearby town of Dungu.

The BBC said that aid officials requesting anonymity near Doruma, which is about 40km from the border with South Sudan, confirmed to Uganda’s Daily Monitor newspaper and to the AFP (Agence France Presse) news agency that the massacre had taken place.

“Bodies of the women and children, with deep cuts are littered inside and outside the church,” an aid official told The Monitor.

Witness Abel Longi told The Associated Press (AP) news agency that he recognized the LRA rebels by their dreadlocked hair, their Acholi language and the number of young boys among them.

“I hid in bush near the church and heard people wailing as they were being cut with machetes,” he said.

However, LRA spokesman David Nekorach Matsanga has denied that the rebels are behind the killings, the BBC reported.

“Reports about the LRA killing innocent civilians is another propaganda campaign by the Uganda army,” he said.

“I have it on good authority from the field commanders that the LRA is not in those areas where the killings are reported to have taken place.” He said the massacre may have been carried out by Ugandan soldiers.

“They want to justify their stay in DRC [Congo] and loot minerals from there like they did before,” he told the AP.

The BBC reports that Capt Magezi said that on Saturday the army had killed 13 of the rebels behind the alleged attack and were pursuing the rest of the group.

The UN’s humanitarian agency Ocha says 40 people were killed in attacks in DR Congo’s Faradje district, 89 around Doruma and 60 in the Gurba area, according to the BBC report.

The BBC story also says that many thousands of Congolese villagers fled their homes after LRA attacks near Dungu in October.

It explains that countries from Uganda to the Central African Republic have suffered 20 years of terror inflicted by the LRA. Tens of thousands of children have been abducted to be fighters and sex slaves.

Uganda’s government said the joint offensive had destroyed some 70 percent of the LRA camps in DR Congo.

The BBC’s Africa analyst, Martin Plaut, says that LRA leader Kony’s force is relatively small, about 650 strong. However, the difficulty is that when it is hit, it scatters and then regroups.

Report from the Christian Telegraph