For a demonstration of how power really works in Australia, yesterday’s events in Parliament were highly educational. The major parties, who both have strong links with James Packer and Crown, united to prevent a parliamentary inquiry into the ongoing revelations by Nine about the way gambling giant Crown had seemingly secured privileged treatment from governments under both sides.
In particular, the government, since the Howard years, had run a bespoke customs service for Crown to tick the box on the entry of foreign high rollers. These high rollers, some of which were found to have links to organised crime or the Beijing dictatorship, were jetted in for a brief visit to gamble a few million at a Crown facility and, perhaps, exploit people-trafficked sex workers while visiting.
The list of people readily waved through into Australia by a government that proclaims itself implacable on border security grows longer every week.
Crown’s links with Labor and the Coalition go beyond the Packer family’s famous employment of generations of former politicians or party executives. In 2017-18 alone, Crown donated around $78,000 to Labor and just over $100,000 to the Coalition, primarily to the Victorian and West Australian branches of the parties. In 2016-17 it was around $90,000 to Labor and over $110,000 to the Coalition; in 2015-16 it was just over $60,000 to Labor and nearly $110,000 to the Coalition.
Crown is always good for a decent chunk of change for the Victorian and WA branches on both sides. So instead of a parliamentary inquiry, Labor and the government were content with Attorney-General Christian Porter referring the whole thing to the Australian Commission for Law Enforcement Integrity (ACLEI).
This means the matter will go precisely nowhere. The ACLEI is the reason why so many people outside the major political parties — until 2018, when Bill Shorten committed Labor to a federal anti-corruption body — think we need a federal ICAC: it’s hopelessly inadequate.
The tiny law enforcement anti-corruption body has long been the subject of the criticism that it is so too small. It has to second staff from the agencies it is meant to investigate in order to carry out investigations — which it has to pick and choose from because it is too small to investigate everything that is referred to it. Since then the funding of the ACLEI has been increased marginally, but it continues to operate with an appropriation of around $11.5 million annually and a staff of just 54.
A highly critical ANAO report into the efficiency of the ACLEI last year concluded “the ANAO has not been able to conclude whether ACLEI has been operating efficiently” because “ACLEI has not measured, benchmarked or reported on its efficiency in detecting, investigating and preventing corrupt conduct”, nor did it “assess its operational efficiency against its own past performance or other organisations. The ANAO’s analysis indicates that the efficiency of ACLEI’s investigation activities requires particular improvement, including to address growth in the number of investigations commenced compared to the number of investigations completed.”
Worse: the ACLEI’s remit is highly limited. It can only examine criminal conduct by law enforcement officials — not ordinary public servants, and particularly not ministers and staffers. It is unable to examine corrupt conduct — that is, conduct that doesn’t meet the test of criminality but which involves adversely affecting the honest and impartial exercise of official functions by officials, a breach of the public trust or misuse of information for someone’s benefit. State anti-corruption bodies like ICAC all have the power to investigate corrupt conduct but no federal body does.
The benefit of referral of the Crown allegations to the ACLEI is that, if true, it would almost certainly involve corrupt conduct, not criminality, and the ACLEI — even if it had the resources to properly investigate — would wash its hands of the matter. And in any event, no politician or staffer can be investigated anyway. It’s the ideal investigation for political parties worried about their extensive links to a powerful company — completely unthreatening.
Labor’s Mark Dreyfus justified the opposition’s support for the referral by saying ACLEI had the powers of a “standing royal commission” — in contrast to the weak powers of a parliamentary inquiry. “Standing royal commission” was exactly the phrase that the government, hilariously, used about ASIC when it was insisting there was no need for a royal commission into the banking sector. A parliamentary inquiry would indeed lack the coercive powers of the ACLEI — but at least it would be carried out in public, which the ACLEI can’t do unless expressly asked to do so by the Attorney-General.
If there was an actual Commonwealth anti-corruption commission worthy of the name — not the farce half-heartedly proffered by the government last year — the major parties’ ability to shield themselves from scrutiny would be seriously undermined. That’s why there won’t be one.
So, if I’ve got this right, they’ve referred the matter to a toothless tiger, which actually may be just a painting of a tiger. But, no one knows because it has never been examined or assessed against a real tiger(s) and so it could actually be a picture of a cuddly pussy cat which appears to some to be a tiger.
A ‘fee-line’ that is blinded when it looks at politicians and their handlers.
Very well argued Bernard. Surely Labor will one day wake up to the opportunities that would flow from tackling the gambling industry and embarrassing the Coalition for being totally captured by it. Instead, Labor finds itself wallowing in the gambling sewer stinking to high heaven, just like the Libs. If Albo bagged his old factional rivals like Stephen Conroy, Mark Arbib, Karl Bitar and Sam Dastyari for being too cosy with gambling types, he would win a lot of public support.
Stephen…I think Labor had already woken up to the ‘opportunities’ awaiting them WHEN they set up a federal ICAC. As Bernard noted in this article, Bill Shorten had already committed a Labor government to do just that. So his last sentence doesn’t make much sense.
Also… I see you are very good at reeling off all the Labor ex-pollies who have joined the ranks of the gambling rip-off merchants. How about the even longer Liberal lot who have done exactly the same thing…and who are still involved on the Crown board???
IMHO they are all as bad as each other!
Seriously CML, I think you need to remove your rose coloured glasses ?
Firstly Bill Shorten is no longer leader of the federal ALP, Anthony Albanese is.
We know that history has shown that the spivs, shonks and crooks are in over supply within the ranks of the LNP, so why would the ALP emulate them, with some examples provided by Stephen ?
It is becoming patently obvious that this insidious power that corporations such as Crown, wield over our elected representatives, shows where the power really lies.
The sad reality is that evidence is out there of our governments, federal and state, becoming little more than conduits for corporations to exploit us as they see fit.
After this pathetic example of supine behaviour by Labor against Crown, what chance of a properly and adequately resourced Federal ICAC as a statutory authority, truly independent of politically interference – Buckleys !
I don’t have any ‘rose coloured’ glasses…just ordinary ones! I was merely stating that the ALP went to the last election with a policy to establish a federal ICAC. This policy is still on foot, as stated by Senator Kristina Keneally on RN Drive on the ABC last evening.
Also…most of the parliamentary cross-bench in both houses have said they will vote for an EFFECTIVE ICAC…not the poor excuse for one that the Coalition wants to put in place…and the Labor Party will back them.
And you should have read my last sentence in the post above…they are all as bad as each other when it comes to involvement in this Crown scandal. Therefore, it is dishonest of Stephen to name a string of former Labor politicians without stating the same or greater number of Liberal politicians who have done, and are still doing, the same thing.
Hi All,
So we now have exactly the same political situation as the USA. We have the ~~~Liberal??? party; (Insane Republicans) and the ~~~Labour??? party; (the Duplicitous Democrats) both of which are supported by Big Corp, providing them with Modern Money. We are fucked. As with the USA, John Ralston Saul’s Corporate coup det tat is complete in Australia. We are now owned lock stock and barrel by these egregious self seeking fascists, supported zealously by Heinrich Dutton and his henchman in “home affairs”. Be very afraid.
It is now illegal to report on the illegal and egregious activities of our sacred military apparatus in foreign countries as they pursue the fascist aims of the imperial USA. As I have asked before: Why are our troops still in Afghanistan? Does any rational or for that matter psychotic individual believe the Afghans are a threat to Australia? Most Afghans are too busy dodging US drones to even bother to work out we exist.
It is disgraceful.
I am not going to vote in the next Federal Election. I will pay the fine. None of the parties who have any realistic chance of governing represent my views so why the hell should I?
In fact I may choose to not pay the fine and be in contempt. Fullham jail isn’t that far from me and my son has friends in Sale so he will be able to visit me on the way in. He may be able to smuggle in a cake with a file.
Keep the faith.
RJG
Jonathan Ralston Saul. Nice pick up RJG, I still re-read “The unconscious civilisation” every few years and am amazed at his foresight and ability to capture the root cause of societal problems.
I recommend his stuff to everyone.
Labor’s Mark Dreyfus justified the opposition’s support for the referral by saying ACLEI had the powers of a “standing royal commission” — in contrast to the weak powers of a parliamentary inquiry.
If a parliamentary inquiry is to weak, why not an actual Royal Commission into corruption?
At the risk of putting even more churnalists out of work, it is clear that our politics are now totally broken.
Nothing works & nobdy cares because – “The major parties, … , united to prevent a parliamentary inquiry into “…insert skandal du jour.
For all that it is insane that this shower was re-elected, is anyone seriously suggesting that “Labor” would be better?
NB This would NOT include “slightly less appalling”.
Now will you vote Greens?
“Baa-aaaah? And give up the chance to vote for an Opposition in Government threads, baa-aaaa?”