Simon Birmingham (SA, Liberal Party) Share this | Hansard source

I rise to speak on the advisory report on the Commonwealth Electoral Amendment (Political Donations and Other Measures) Bill 2008 tabled by the Joint Standing Committee on Electoral Matters. At the outset, let me say that I welcome reform in the areas of electoral and campaign funding. It is a critical step that needs to be taken to ensure that public confidence in our electoral system is maintained. That is of the key aims of all members of this and the other place as we move through the process of campaign reform.

The opposition is, however, concerned by the manner in which this is being approached. We welcomed the establishment of the green paper process. It promised a holistic approach to campaign finance reform. It promised that all issues would be taken into consideration and that, if we were to restructure the campaign financing system in Australia, we would do so in a thoughtful and well-considered manner. It promised to balance all of the concerns that the different stakeholders may have, and it sought, ultimately, to lay down a fresh, new arrangement that would guarantee maximum levels of government support.

Regrettably, however, we have instead seen a piecemeal approach run in tandem with this green paper approach. We have seen the government pick off and try to push through certain issues ahead of any type of comprehensive, overreaching campaign finance reform. We have seen this done in a manner that has not embraced a consultative approach with other parties or other stakeholders, but instead has simply sought to target particular political issues. It has been a breach, sadly, of the principles and goals that I would have thought should have stood behind the green paper and the proposal to ensure that we have clear, comprehensive campaign finance reform to the benefit of the Australian polity in its entirety. The tabled report demonstrates the piecemeal agenda that the government has pursued. It contains one of those random pieces that have been taken out of the context of what could be, and ideally should be, a bipartisan, sweeping and comprehensive reform that guarantees future public confidence in our electoral system, in campaign finance and in avoiding the concerns that we have seen—particularly in states like New South Wales—about campaign finance arrangements.

The opposition not only holds the broad concern that this is being done in isolation and that it should instead be tackled as part of the comprehensive measure; we also hold some specific concerns about the proposals. One concern, which Senator Hutchins mentioned before, relates to the treatment, under the bill, of anonymous donations. In the initial context of the bill as it has been introduced, anonymous contributions are totally banned. That would lead to the absurd arrangement where party organisations—local branches from all political parties—would have to be keeping some sort record of every contribution, every donation, every raffle ticket sold and every dinner attendee. We welcome the fact that the government members on the Joint Standing Committee on Electoral Matters have supported a recommendation that would at least set a threshold level for when such records would have to be kept, but we are disappointed that that level has been set at just $50. As any member in this or the other place would know, if they were being quite honest, the $50 threshold is not a satisfactory threshold when dealing with these issues—far from it. We all know that many of the average branch functions that are held nowadays will have a $50 or $60 cover charge for a fairly run-of-the-mill dinner that is hardly a significant fundraising event for the party. And yet, under these laws, we will be expecting that, if audited, branches will be able to produce a record of all who attend such functions and part with $60—all for a pub dinner at a small branch fundraiser. It is obviously not the government’s intent to tie up volunteers operating in all political parties in a form of red tape that is unnecessary for the type of disclosure regime that we really need.

I urge the government to consider the recommendation in the majority report to increase the $50 threshold and to set the anonymous threshold at a higher level. In our dissenting comments, we recommended a $250 threshold or something in that order. It could be $200, which in legislation up until 2004 was treated as the level for anonymous donations. Up until 2004, we said that we did not expect volunteers to keep records of donations below $200. It is madness to now suggest that records of donations above $50 will have to be kept. If this type of legislation is put through in isolation of the more sweeping and broader comprehensive green paper process, we will need to ensure that we get things right and not place unfair burdens on volunteer members of any political party in Australia. We all know that it is hard enough to get people engaged with and involved in the political process. I am sure that the role of branch treasurer is one that many people in all parties hate to take on. Treasurers already have to fulfil requirements for their party head office in relation to the reporting of financial arrangements of the branch. If we take it further and increase the burden on the volunteer level of all party organisations then we will be sending a message to people that it is too hard to be involved in the grassroots activism which we should be encouraging and fostering and which is healthy for our democratic process.

I also note with pleasure that recommendation 8 of the report was adopted. Recommendation 8 is about protections against harassment and ensuring that there is a broad understanding in the community of the type of protections that apply. If we are to have a significantly more open disclosure regime, it is important that those who make contributions to political parties, whose names will be known to all and sundry, understand that there are certain protections afforded to them and that they cannot be unduly harassed as a result of their contributions to or involvement in a political party. We urge the government to take that recommendation seriously and to look at the resourcing provided to the Australian Electoral Commission and the funds required to deliver the complaints register and complaints processing procedures that we have called for.

In closing, I thank the witnesses who brought issues to the attention of the committee, particularly those witnesses who highlighted some of the issues surrounding anonymous donations. I again urge the government to consider those. Finally, I make a further plea to the government that, instead of this ad hoc, piecemeal approach of throwing pieces of legislation at us on a random basis, they go back to first principles on campaign finance reforms and deliver a green paper that is comprehensive, that allows for discussion and dialogue with the opposition, the minor parties and other stakeholders throughout the community and that also allows us to tackle these issues in a holistic way, not in a partisan way where it can be seen that one side or the other is benefiting. It actually needs to be seen as serving the aims of a better democracy for Australia and an electoral system that the Australian people have faith in and can be proud of.