Corruption Matters - October 2022 | Issue 60
Is pork barrelling corrupt?
In a few words: yes, it can be. A report released by the ICAC in August 2022 represents a culmination of work undertaken on the subject, and includes presentations made by a panel of experts who participated in a forum on the subject.
Defined as “the allocation of public funds and resources to targeted electors for partisan political purposes”, the ICAC concluded that pork barrelling can, under certain circumstances, involve serious breaches of public trust and conduct that amount to corrupt conduct.
Report
The Report on investigation into pork barrelling in NSW (Operation Jersey) makes no findings of corrupt conduct against any person. Rather, the purpose of the report is to:
- articulate, with as much precision as possible, circumstances where pork barrelling is likely to constitute corrupt conduct
- set out the harm caused by pork barrelling and the relevant ethical and corruption prevention issues
- make associated recommendations to government.
In the report, the ICAC finds that while individual matters should always be assessed on a case-by-case basis, a minister, for example, may engage in corrupt conduct involving pork barrelling, within the meaning of s 8 of the Independent Commission Against Corruption Act 1988, if the minister:
- influences a public servant to exercise decision-making powers vested in the public servant, or to fulfil an official function, such as providing an assessment of the merits of grants, in a dishonest or partial way
- applies downward pressure to influence a public servant to exercise decision-making powers vested in the public servant, or to fulfil an official function, such as providing an assessment of the merits of grants, in a manner which knowingly involves the public servant in a breach of public trust
- conducts a merit-based grants scheme in such a way as to dishonestly favour political and private advantage over merit, undermining public confidence in public administration, and benefiting political donors and/or family members
- deliberately exercises a power to approve grants in a manner that favours family members, party donors or party interests in electorates, contrary to the guidelines of a grant program which state that the grants are to be made on merit according to criteria
- exercises a power to make grants in favour of marginal electorates, when this is contrary to the purpose for which the power was given.
The report sets outs some observations about how pork barrelling could be prevented and better regulated. A total of 21 recommendations are made as a result.
Access the report here.
Forum
As noted in the previous edition of Corruption Matters, on 3 June 2022, the ICAC held a forum to examine the practice of pork barrelling. The forum was hosted by former Chief Commissioner the Hon Peter Hall QC and moderated by prominent journalist and author Kerry O’Brien. The panel comprised the following experts:
- Professor Anne Twomey, Professor of Constitutional Law and Director, Constitutional Reform Unit, University of Sydney
- the Hon Joseph Campbell, Adjunct Professor at the University of Sydney and former judge of the NSW Court of Appeal
- Dr Simon Longstaff AO, Director of the Ethics Centre and Adjunct Professor of the Australian Graduate School of Management at the University of NSW
- NSW Deputy Auditor General Ian Goodwin
- Professor AJ Brown, leader of the Centre for Governance & Public Policy’s public integrity and anti-corruption research program, and professor of public policy and law in the School of Government & International Relations, Griffith University.
The forum was live streamed via the ICAC website. Access to the recording of the forum, transcript and all other information is available here.
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