The revelation that a ministerial staffer pressured public servants into recommending a particular course of action (in the current case before Queensland’s Crime and Misconduct Commission a sports grant), without the knowledge of the minister, sound eerily familiar.
For some time, others and I (e.g., Kimber, 2000, 2004, 2006; Kimber & Maddox, 2003; Ehrich, Cranston & Kimber, 2004) have argued that the realities of an expanding system of ministerial staff mean that the question of their accountability must be addressed. Public servants have been reporting the potential of ministerial staff trying to direct them.
Why is this bad if the role of a ministerial staffer is to provide their minister with political advice? It is bad because the role of public servant is to provide their minister with expert advice in a frank and fearless manner (yes, I know this phrase is cliché but it is true). Thus they must at times provide the minister with advice that the minister might not want to hear. They are afforded tenure and anonymity to ensure that they can provide advice without fear or favour (yes, I know another cliché). It is bad because the power balance must favour the minister because the minister is the elected representative.
Public servants are now covered by a range of ethical requirements including codes of conduct, post-separation employment conditions, and whistleblower protection. In many cases ministerial staff are not covered by similar provisions.
While the Merri Rose affair indicates that ministerial staff should be afforded some protections (e.g., Tiernan), these protections should not condone their usurping both the role of the public servant and the role of the minister. It is when ministerial staff pressure public servants and act without the knowledge of their minister that governments must act to reduce the power of ministerial staff. They must increase the accountability of ministerial staff. They must increase the power of public servants so that they can interact with ministerial staff on a level playing field.
In previous research I have offered the following as means of enhancing the accountability systems covering ministerial staff.
- Code of conduct similar to that for public servants, but contains recognition of the distinct political role of ministerial staff.
- Ensure that the behaviour of ministerial staff as well as ministers and parliamentary secretaries is fully covered by the Integrity Commission.
- Ensure that ministerial staff can be called before parliamentary inquiries
- Develop positive relationships between staff and the department – the minister and the head of department
- Ministers, senior ministerial staff, and department heads model ethical behaviour
- Department heads ensure that ministerial staff understand the role of public servants
- Department heads ensure that public servants understand the role of ministerial staff
- Ensure that ministerial staff as well as public sector employees are covered by whistleblower protection legislation.
To these I would add that post-separation provisions could be enacted and a limit on the numbers and roles of ministerial staff be considered. We need to accept that twenty-first century ministers will obtain political advice from staff, but we cannot accept that this role extends to directing public servants and acting without the knowledge of ministers, as these actions are far from consistent with the principles of responsible parliamentary government.