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Look past Bill Shorten – this was an interrogation of our political system Look past Bill Shorten – this was an interrogation of our political system
(about 1 hour later)
The political commentators will offer their verdicts on the extent of political damage inflicted on Bill Shorten by his appearance at the royal commission, but its true value might be its glimpse into how politics and power really work.The political commentators will offer their verdicts on the extent of political damage inflicted on Bill Shorten by his appearance at the royal commission, but its true value might be its glimpse into how politics and power really work.
Shorten, as a union “powerbroker” for many years, a “faceless man” for a few, and now an aspiring prime minister, knows the system intimately. Smiling, and mostly relaxed, he didn’t appear in the least concerned about process and appearances that might worry the rest of us – he’s all about outcomes.Shorten, as a union “powerbroker” for many years, a “faceless man” for a few, and now an aspiring prime minister, knows the system intimately. Smiling, and mostly relaxed, he didn’t appear in the least concerned about process and appearances that might worry the rest of us – he’s all about outcomes.
Shorten saw nothing questionable about personally asking a labour hire company, Unibuilt, to give him a donation for his political campaign in 2007 in the form of paying the salary of his campaign director, Lance Wilson.Shorten saw nothing questionable about personally asking a labour hire company, Unibuilt, to give him a donation for his political campaign in 2007 in the form of paying the salary of his campaign director, Lance Wilson.
Shorten asked Unibuilt’s Ted Lockyer for the favour in the Victorian office of the Australian Workers Union (AWU). It was around this time that the company was negotiating an enterprise bargaining agreement (EBA) with the union and Shorten agreed that it was important for such companies to have good relations with unions.Shorten asked Unibuilt’s Ted Lockyer for the favour in the Victorian office of the Australian Workers Union (AWU). It was around this time that the company was negotiating an enterprise bargaining agreement (EBA) with the union and Shorten agreed that it was important for such companies to have good relations with unions.
Shorten was by then no longer the Victorian secretary of the AWU, but he was still the national secretary and this was a national EBA agreement being negotiated. Yes, said Shorten, but the EBA was negotiated by the Victorian branch and he had nothing to do with it.Shorten was by then no longer the Victorian secretary of the AWU, but he was still the national secretary and this was a national EBA agreement being negotiated. Yes, said Shorten, but the EBA was negotiated by the Victorian branch and he had nothing to do with it.
Related: Bill Shorten at #Turc: can I please have a straw? | First Dog on the MoonRelated: Bill Shorten at #Turc: can I please have a straw? | First Dog on the Moon
So the company agreed to pay around $50,000 (it turned out to be a little less) for a full-time campaign director for an aspiring politician from February 2007 until the election in November, when Shorten entered parliament for the seat of Maribyrnong. There are many figures thrown around, but it seems as though the company agreed to pay more than $60,000 for a full-time campaign director for an aspiring politician from February 2007 until the election in November, when Shorten entered parliament for the seat of Maribyrnong.
Political donations aren’t charitable donations normally, so counsel assisting Jeremy Stoljar asked Shorten whether Unibuilt asked for anything in return for the money.Political donations aren’t charitable donations normally, so counsel assisting Jeremy Stoljar asked Shorten whether Unibuilt asked for anything in return for the money.
Shorten: From me, for the donation? NoShorten: From me, for the donation? No
Stoljar: Did Mr Lockyer expect favours in return?Stoljar: Did Mr Lockyer expect favours in return?
Shorten: No, not to my knowledge, at all.Shorten: No, not to my knowledge, at all.
Stoljar, methodical to a fault, got to the nub of this issue and for a citizen watching his questions seemed reasonable.Stoljar, methodical to a fault, got to the nub of this issue and for a citizen watching his questions seemed reasonable.
“What’s the national secretary of the union doing in discussions which may or may not have involved renewal of an EBA, discussing a donation to the head of the union’s campaign? Let me put this to you. Isn’t that a situation where you’re using your position as national secretary to gain an advantage to yourself.”“What’s the national secretary of the union doing in discussions which may or may not have involved renewal of an EBA, discussing a donation to the head of the union’s campaign? Let me put this to you. Isn’t that a situation where you’re using your position as national secretary to gain an advantage to yourself.”
Shorten looked taken aback. “Absolutely not,” he said. First, he insisted that the EBA provided very good conditions for workers at Unibuilt, the implication being that this was somehow proof that nothing untoward had gone on in the way of favours to the company.Shorten looked taken aback. “Absolutely not,” he said. First, he insisted that the EBA provided very good conditions for workers at Unibuilt, the implication being that this was somehow proof that nothing untoward had gone on in the way of favours to the company.
Second, Shorten could see no conflict of interest at all. “The idea that somehow having a discussion with an employer on two different topics, even if not at the same time, and somehow that it is untoward to raise money for election campaigns and do anything else, to me, what that does is that assumes that whenever there is a donation in our electoral system, by anyone, that all other relationships and transactions must immediately be cast into doubt. That is not right and that is not how operated at the union.”Second, Shorten could see no conflict of interest at all. “The idea that somehow having a discussion with an employer on two different topics, even if not at the same time, and somehow that it is untoward to raise money for election campaigns and do anything else, to me, what that does is that assumes that whenever there is a donation in our electoral system, by anyone, that all other relationships and transactions must immediately be cast into doubt. That is not right and that is not how operated at the union.”
A little later, he went on. “It is a cornerstone of our electoral system that you raise electoral funds for elections but that doesn’t mean that, therefore, the implication can be made that the recipients are incapable of transacting their interests and duties towards people any differently.”A little later, he went on. “It is a cornerstone of our electoral system that you raise electoral funds for elections but that doesn’t mean that, therefore, the implication can be made that the recipients are incapable of transacting their interests and duties towards people any differently.”
By the time he had finished, this whole arrangement seemed like a sign of our democratic strengthBy the time he had finished, this whole arrangement seemed like a sign of our democratic strength
By the time he had finished, this whole arrangement seemed like a sign of our democratic strength. In truth, Bill Shorten wasn’t saying anything outrageous. Most politicians would agree with him even if some are uncomfortable with how these things may be perceived: they insist that no favours are given for political donations, and a politician can take money from someone and deal with them on another issue and keep the two things entirely separate.By the time he had finished, this whole arrangement seemed like a sign of our democratic strength. In truth, Bill Shorten wasn’t saying anything outrageous. Most politicians would agree with him even if some are uncomfortable with how these things may be perceived: they insist that no favours are given for political donations, and a politician can take money from someone and deal with them on another issue and keep the two things entirely separate.
After Icac hearings in NSW in particular, fewer people are convinced of this. While many states have tightened their rules, the federal political donation regime is the weakest in the country.After Icac hearings in NSW in particular, fewer people are convinced of this. While many states have tightened their rules, the federal political donation regime is the weakest in the country.
Shorten couldn’t explain why Wilson was described on his employment contract as a “research officer” for Unibuilt, when he was nothing of the sort – he was working full time for Shorten. He didn’t know, either, why several months into the contract there was a sudden change, and Wilson became an employee of the AWU, which invoiced Unibuilt for his pay. There might be nothing sinister in any of that, of course – but it was all a little odd.Shorten couldn’t explain why Wilson was described on his employment contract as a “research officer” for Unibuilt, when he was nothing of the sort – he was working full time for Shorten. He didn’t know, either, why several months into the contract there was a sudden change, and Wilson became an employee of the AWU, which invoiced Unibuilt for his pay. There might be nothing sinister in any of that, of course – but it was all a little odd.
Most odd of all – and something that neatly exposed the laxity of our donations system – was the admission by Shorten that he had not disclosed the $40,000 he had received from Unibuilt to hire Wilson to the Australian Electoral Commission, as he was required to do by law. Most odd of all – and something that neatly exposed the laxity of our donations system – was the admission by Shorten that he had not disclosed the more than $60,000 he had received from Unibuilt to hire Wilson to the Australian Electoral Commission, as he was required to do by law.
Related: Bill Shorten and the Australian Workers' Union – the allegations explainedRelated: Bill Shorten and the Australian Workers' Union – the allegations explained
First he agreed that on his candidate’s return form for the 2007 election, he had answered “nil” to the question of what donations had been received. He explained that it was common practice in the ALP – and in other parties – for candidates to fill out “nil”. The procedure was that candidates send all the details to the ALP’s head office, which submitted all disclosures at once.First he agreed that on his candidate’s return form for the 2007 election, he had answered “nil” to the question of what donations had been received. He explained that it was common practice in the ALP – and in other parties – for candidates to fill out “nil”. The procedure was that candidates send all the details to the ALP’s head office, which submitted all disclosures at once.
Yet Shorten had not told the ALP of the Unibuilt arrangements until 6 July – that’s Monday, seven years late and on the same day as he and his lawyers received documents from the royal commission in preparation for his appearance. Shorten said that was a coincidence – he had been aware of the oversight for some time and had been working on it.Yet Shorten had not told the ALP of the Unibuilt arrangements until 6 July – that’s Monday, seven years late and on the same day as he and his lawyers received documents from the royal commission in preparation for his appearance. Shorten said that was a coincidence – he had been aware of the oversight for some time and had been working on it.
This was the most dramatic moment of the day, yet Shorten barely missed a beat: “I have discovered in very recent times that there was an incomplete form sent to the ALP head office and that is – and, you know, I take responsibility for that, this is done by my campaign director each year and we’ve now updated it.”This was the most dramatic moment of the day, yet Shorten barely missed a beat: “I have discovered in very recent times that there was an incomplete form sent to the ALP head office and that is – and, you know, I take responsibility for that, this is done by my campaign director each year and we’ve now updated it.”
This, said Shorten, was common for politicians – they could update their disclosures whenever they like. Which is true. Incredibly slipshod, but true. But it’s the system, and Shorten knows the system better than anyone.This, said Shorten, was common for politicians – they could update their disclosures whenever they like. Which is true. Incredibly slipshod, but true. But it’s the system, and Shorten knows the system better than anyone.