Former minister Jo-Ann Miller push for new integrity inquiry into Senior Public Servants who gave evidence at the Qld Black Lung Parliamentary Committee
https://www.couriermail.com.au/news/opinion/peter-gleeson/former-ministers-push-for-new-integrity-inquiry/news-story/44f887a425212b312a6d6348747e8c2a
Former minister’s push for new integrity inquiry
Former Palaszczuk government minister Jo-Ann Miller is calling for a fresh integrity inquiry after senior public servants were “never held to account”.
Former Palaszczuk government Minister Jo-Ann Miller is calling for a fresh integrity inquiry into how senior public servants called before a parliamentary committee were never investigated over their behaviour.
The former Bundamba MP is furious the senior bureaucrats were “never held to account” after a bipartisan committee which she chaired unanimously recommended a probe to determine whether they’d breached their code of conduct.
Ms Miller said a prolonged Right to Information process to “sort through the confusion” had only added to the five-year mystery, which also involved Clerk of Parliament Neil Laurie and former Mines Minister Anthony Lynham.
She said the “shameful” situation of “untouchable” public servants “doing and saying what they like with no fear” had serious implications for public administration – and accountability – in Queensland.
“They know that openness and accountability are words only, to be practised selectively, especially when their bosses don’t really believe in it. So cover up, contort, distract, and hide appears to be the name of the game,” said Ms Miller.
“Queenslanders need to know why an investigation was never held into the public servants the committee ruled had walked a fine line between serving their minister and contempt of parliament.
“There needs to be clarity around a claim from a senior public servant – obtained through RTI – that he posted a letter to my committee outlining advice he’d received from Mr Laurie about why he couldn’t act on the committee’s recommendation, and what Dr Lynham told Parliament.’’
In 2017, Ms Miller’s Coal Workers’ Pneumoconiosis Select Committee delivered an “unprecedented” “Black lung, white lies” report, which brought substantial pressure on the Department of Mines and Natural Resources.
The report found: “The committee was appalled by the level of disregard for its work demonstrated by some senior officers of DNRM.
“Despite repeated assurances from DNRM that it would work expeditiously to assist the committee in any way possible, the committee has been met with resistance and obstruction by some officers of DNRM.
“Documents requested have not been produced in a timely manner, requiring the issue of a summons. Key departmental witnesses, vital to understanding the failure of the health scheme, were not advised they would be required to give evidence, were then produced only under threat of summons, and were not properly prepared by DNRM prior to their appearances before the committee”.
The committee, which identified three public servants in hearing transcripts, recommended the senior public servant “review the transcripts” and consider whether any had “misled the committee or otherwise breached the Code of Practice for Public Service Employees Assisting or Appearing Before Parliamentary Committees”.
Documents obtained through RTI reveal that after the committee’s report was tabled in June, 2017, the senior public servant emailed Mr Laurie two months later “relating to the recommendation”.
In a letter, Mr Laurie stated: “You are correct in noting that parliamentary privilege creates an obstacle to the Commission discharging this recommendation”.
Mr Laurie advised the senior public servant to tell the committee it was “best placed to identify and assess whether there are sufficient grounds to recommend that particular matters be referred to the Assembly’s Ethics Committee as a possible contempt”.
A separate RTI reveals the advice was posted to the committee chair – Ms Miller – the following day, August 11, 2017.
Ms Miller cannot recall ever receiving the two-page letter stressing that the committee “would have acted on it due to the precedent it set for all Parliamentary Committees”.
“The RTI acknowledges that no other documents exist in relation to this matter, and that the PSC has no record of a response from the select committee – which is unfathomable to me,” she said.
“Why wasn’t an email sent alerting the committee to the fact the letter had been sent – and even attaching the two-page document. It’s not the 1960s for heaven’s sake.
“And something as important as this should have been safe hand couriered, or physically walked over to reception at Parliament House – not mailed, unless it was registered mail.
“I can tell you that the Committee would have responded big time. I expect that we would have subpoenaed the author of the letter to explain the situation, and then potentially referred the public servants to the Ethics Committee.”
Ms Miller, who retired as the Member for Bundamba in 2020, said there was “potentially serious implications for public administration in Queensland’’.
“The crux of the matter is this: public servants can decide not to turn up to Parliamentary Committees unless the Clerk of the Parliament issues a subpoena, they can then decide to give or withhold information, not produce documents, or not all documents that exist and have no fear of accountability because of parliamentary privilege,” she said.
“The narrow interpretation means that public servants can do or say what they like, that no DG or other senior officers can review the Hansard, as it could breach parliamentary privilege.
“This would extend to all Parliamentary Committees including all Estimates Committees, all portfolio Committees and Select Committees.
“In the case of our committee’s inquiry into black lung, in spite of incompetence and maladministration from the public servants, miners being diagnosed and dying with the disease, to the best of my knowledge no public servant was ever held accountable, no dismissals, no disciplinary action.
“I understand there were no demotions. No docking of pay. This is a shameful outcome for the mining industry, the miners with black lung and their families.
“The public servants know they are untouchable. They know they can do and say what they like with no fear. They know that an Ethics Committee referral may be dismissed because of government numbers on that committee”.
Ms Miller is assisting many former underground miners, including Stuart Vaccaneo, who is backing her call for an inquiry.
“It is very disappointing that the answers we’ve been waiting for in regard to the actions of the public servants, appear to have been lost in the mail,” he said.
“It’s just not fair and it’s not right, and the public needs to know why.”
