A Senate inquiry has recommended increasing access to the building by lobbyists with the reintroduction of an unescorted "day pass" a decade after it was abolished.
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Lobbyists who "require only occasional access" to Parliament House - currently required to be signed in and escorted by a passholder - should be able to access an unescorted day pass, it found.
For about 2000 sponsored pass holders who stalk the corridors seeking audience and influence with Parliamentarians, there would be no major changes to their access.
The report of the inquiry into access to Australian Parliament House by lobbyists, tabled on Tuesday, declined to back major changes sought by transparency advocates.
Instead, it recommends a further "independent review of the Lobbying Code of Conduct" and for the Department of Parliamentary Services and Attorney-General's department, which administers the code, to "consider" working together to regulate breaches.
The inquiry by the Finance and Public Administration References Committee, chaired by Tasmanian Liberal Senator Richard Colbeck, heard that the abolition of the unescorted day pass had contributed to the explosion in orange passes.
"Weak and ineffective regulation of lobbyists and a secretive system of allowing access to Parliament House undermines public trust in our parliamentary institutions," Independent Senator David Pocock, who wrote a 15-page dissenting report in response to the majority's scant recommendations, said.
"We need a fit-for-purpose regime to regulate lobbying in federal parliament to promotes transparency and guard against private interests usurping the public interest," he said in a statement.
In his dissenting report, Senator Pocock urged immediate action on key items including:
- Legislating the currently voluntary Lobbying Code of Conduct,
- Expanding its application to in-house lobbyists and interactions with all parliamentarians, and;
- Introducing appropriately strong penalties for breaching the code
The majority report recommended the Australian government commission an independent review of the Lobbying Code of Conduct to consider an expanded definition of a lobbyist; and legislating to mandate compliance with the Lobbying Code of Conduct and registration on the Register of Lobbyists.
The further independent inquiry would be tasked with determining the most appropriate body to administer the Lobbying Code of Conduct and the Register of Lobbyists at the Commonwealth level, the report said.
"Lobbying is a longstanding and legitimate feature of democratic governance dating back hundreds of years and is an important feature of any healthy democracy," it said.
"Representative democracies are founded on the ability of citizens, individually or collectively, to lobby their elected officials and the government to ensure they are acting in the public interest ... However, lobbying also has the potential to be a corrosive force on democracy when private interests usurp the public interest."
Senator Pocock's dissenting list of recommendations also called for:
- The monthly publication of ministerial diaries
- A public list of sponsored passholders, including the name of their sponsor;
- A well-resourced regulator to oversee the Lobbying Code of Conduct and Lobbyist register; and
- A Whistleblower Protection Authority to ensure those using parliamentary privilege are protected.
Senator Pocock has been pushing for transparency reforms with fellow crossbenchers including Indi MP Helen Haines, Clarke MP Andrew Wilkie, Tasmanian Senator Jacqui Lambie and former Senator Rex Patrick.
He said he recognised the value of effective lobbying and access to Parliament House, but that democratic protections were needed.
"The enormous weight of evidence tendered to this inquiry - including from current lobbyists - revealed the system as it currently stands is fatally flawed," Senator Pocock said.
"We've got a code with such a narrow definition of lobbying that 80 per cent of lobbyists aren't even captured by it and in the unlikely event someone is found to breach it, the penalty is so light as to offer no deterrent at all.
"Ministers aren't accountable for who they meet with and more than 2000 people have 24/7 access-all-areas passes with no public visibility over who they are or who gave them this access.
"The professionalisation of lobbying in this country into what is now a multi-billion dollar industry requires improved regulation, and the time to make those changes is now."
Independent Kooyong MP Monique Ryan said the committee report "does not go far enough, but it reflects a very welcome increase in support for lobbying reform in this Parliament."
"We now have Independents, the Greens, minor parties, and Liberal politicians expressing their desire for stronger lobbying regulations," Dr Ryan said.
"This creates a new integrity test for the Federal Government ... We now have an opportunity to work together to pressure the Albanese Government into shining a light onto decision making in Parliament House.
"I call on Labor to listen to the millions of voters who called for greater integrity in politics at the last election by improving lobbying regulations.
"If those voters are not listened to, they will make their voices heard loud and clear at the next election."