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Here’s why a strong FOI act matters: it keeps the bastards honest Here’s why a strong FOI act matters: it keeps the bastards honest
(4 months later)
Like a cancer hacking at our democracy, the Abbott government’s political agenda has systematically shut down open government in the last few months. They’ve clamped down hard on freedom of information requests, refused to answer simple questions in the parliament, and are smothering the release of information to the public.Like a cancer hacking at our democracy, the Abbott government’s political agenda has systematically shut down open government in the last few months. They’ve clamped down hard on freedom of information requests, refused to answer simple questions in the parliament, and are smothering the release of information to the public.
As technical as it can sound, the open and transparent operation of government isn’t a fringe issue. It goes to the very heart of what politicians do, and it speaks volumes about the respect and trust a government has for the public.As technical as it can sound, the open and transparent operation of government isn’t a fringe issue. It goes to the very heart of what politicians do, and it speaks volumes about the respect and trust a government has for the public.
Seven years ago, I wrote that under the Howard government, "the FOI act has become sclerotic; its objects ignored in favour of narrower interpretations by government and the courts, and its exemptions, charges and procedures arguably abused”. The same words now ring true about the current Liberal government. Seven years ago, I wrote that under the Howard government, "the FOI act has become sclerotic; its objects ignored in favour of narrower interpretations by government and the courts, and its exemptions, charges and procedures arguably abused”. The same words now ring true about the current Liberal government.
In 2007, Labor promised to change the culture of government, to drive a genuine shift to a pro-disclosure culture. Our policy was to restore trust and integrity in the government and in the public’s right to know. We weren’t always perfect in that goal, but we had the ship pointed in the right direction.In 2007, Labor promised to change the culture of government, to drive a genuine shift to a pro-disclosure culture. Our policy was to restore trust and integrity in the government and in the public’s right to know. We weren’t always perfect in that goal, but we had the ship pointed in the right direction.
The quick U-turn that followed Tony Abbott's election is sadly unsurprising. And in three areas already, we’ve seen it mirroring the secrecy of the Howard years. The quick U-turn that followed Tony Abbott's election is sadly unsurprising. And in three areas already, we’ve seen it mirroring the secrecy of the Howard years.
First, they shut down reasonable scrutiny and questioning of key areas of public policy. In 2006, it was the Iraqi oil for food scandal. In 2014, it has become Operation Sovereign Borders. In 2006, public servants faced senate estimates committees with an edict from prime minister Howard not to answer any question relating to the Cole inquiry into AWB, no matter how tenuous the link. Jump forward eight years, and "on-water matters" is the new catchword. The farce reached its height when minister Morrison wouldn’t even confirm if he’d read the documents he was blocking from public release about Operation Sovereign Borders. Even the document’s titles were censored.First, they shut down reasonable scrutiny and questioning of key areas of public policy. In 2006, it was the Iraqi oil for food scandal. In 2014, it has become Operation Sovereign Borders. In 2006, public servants faced senate estimates committees with an edict from prime minister Howard not to answer any question relating to the Cole inquiry into AWB, no matter how tenuous the link. Jump forward eight years, and "on-water matters" is the new catchword. The farce reached its height when minister Morrison wouldn’t even confirm if he’d read the documents he was blocking from public release about Operation Sovereign Borders. Even the document’s titles were censored.
Second, the reversal of a pro-disclosure culture has been driven from the top. Public servants are well-meaning but they follow the lead of their minister and the cabinet of the day. It means a minister that sees value in the political discourse can bring a positive culture to policy making. Under one who doesn't, that is all wiped away – and the prime minister, his office and his ministers treat accountability like a joke. As a Liberal party Senator, Ian Macdonald, said of his own party and government late last year: “the prime minister's office … seem to almost have an almost obsessive centralised control phobia over this and every other aspect of parliament.”Second, the reversal of a pro-disclosure culture has been driven from the top. Public servants are well-meaning but they follow the lead of their minister and the cabinet of the day. It means a minister that sees value in the political discourse can bring a positive culture to policy making. Under one who doesn't, that is all wiped away – and the prime minister, his office and his ministers treat accountability like a joke. As a Liberal party Senator, Ian Macdonald, said of his own party and government late last year: “the prime minister's office … seem to almost have an almost obsessive centralised control phobia over this and every other aspect of parliament.”
This disease has spread to the upper echelons of the public service, taking the cues of their political masters. The secretary of the attorney-general’s department was asked why incoming government briefs were released under Labor, but not under the Liberal party. His pithy response from the Hansard record is worth repeating in full: “the last two times we played softball and now we are playing hardball. Seriously.” This was from the head of the department responsible for the FOI act and for the information commissioner.This disease has spread to the upper echelons of the public service, taking the cues of their political masters. The secretary of the attorney-general’s department was asked why incoming government briefs were released under Labor, but not under the Liberal party. His pithy response from the Hansard record is worth repeating in full: “the last two times we played softball and now we are playing hardball. Seriously.” This was from the head of the department responsible for the FOI act and for the information commissioner.
Last, conclusive certificates are being used beyond worst excesses of the Howard years. These certificates were blunt tools that a minister could use to block any document that the public would have had a right to know otherwise; they were used to stop the release of politically embarrassing material. Labor assigned them to bin. Recently, Scott Morrison’s department has tried to revive this process in another way. The documents that Morrison refused to say if he’d read were banned outright from release, purely because he said so. No explanation, no justification, no appeal, just blocked. It was an obnoxious decision, and I’ve written to the information commissioner to urgently review it to report back to parliament. Last, conclusive certificates are being used beyond worst excesses of the Howard years. These certificates were blunt tools that a minister could use to block any document that the public would have had a right to know otherwise; they were used to stop the release of politically embarrassing material. Labor assigned them to bin. Recently, Scott Morrison’s department has tried to revive this process in another way. The documents that Morrison refused to say if he’d read were banned outright from release, purely because he said so. No explanation, no justification, no appeal, just blocked. It was an obnoxious decision, and I’ve written to the information commissioner to urgently review it to report back to parliament.
A strong FOI act matters because, to lift a phrase, it keeps the bastards honest. Ministers and departments should reflect every time they pick up a pen, write an email or make a decision which will impact the public.A strong FOI act matters because, to lift a phrase, it keeps the bastards honest. Ministers and departments should reflect every time they pick up a pen, write an email or make a decision which will impact the public.
I’ve always held the view that it’s the cover up that kills you in politics. If the facts aren’t made available, then the truth just finds another way to get out – but for the time being, it is obvious the sort of government Abbott has decided to create. I’ve always held the view that it’s the cover up that kills you in politics. If the facts aren’t made available, then the truth just finds another way to get out – but for the time being, it is obvious the sort of government Abbott has decided to create.