Today, I have written to Premier Panton to advise that his proposed Parliamentary Code of Conduct falls short in two important respects. First, there are significant failures in process that violate the principles of good governance that the Premier claimed would characterise his government. 

Secondly and more significantly in the long run, there are significant failures of substance which mean that the proposed Code would be ineffective and inappropriate. It fails the basic test that such a Code should both ensure that Parliamentarians are properly held to account for their conduct and also guarantee an impartial process through which that accountability should be achieved. 

Therefore, I advised the Premier that neither I nor any of my colleagues in the Opposition will sign the Code as currently drafted. 

Our concerns were raised with the Premier and the Council of the Parliament Management Commission (the Council) directly in March 2022.  Some of our concerns are noted in the attached letter to the Premier.  

But our concerns were also advised to the media and the public back in September when we said that:  “The Opposition is concerned that the Parliamentary Code of Conduct has not progressed, but any delay is not on the part of the Opposition. The Opposition certainly does support a code of conduct that is fit for purpose. However, we have told the Government that we will not support a Parliamentary Code of Conduct that does not stand up to serious scrutiny, is ineffective and does not include an independent body to investigate and make a determination of any potential breaches of the Code of Conduct. 

Commitments by the Premier to meet with the Opposition to discuss our concerns have not occurred. But we have made suggestions, and I am aware that the Constitution Commission has also provided the Government with useful input. These could help speed this process along, should the Government see fit to consider them and if the Premier can get agreement in his Caucus and with the Honourable Speaker.”

I would also note that a Parliamentary Code of Conduct must also be a permanent part of the architecture which governs the conduct of the House and Parliamentarians.  It should formally be adopted by a Resolution of Parliament and bind future members of Parliament. Of course, like the Standing Orders, it could be amended by further Resolutions of Parliament. 

The Council has not met since March 17, 2022 and thus has not sanctioned any final version of a Parliamentary Code of Conduct. The version of a Code of Conduct that the Premier has had his Government sign is therefore invalid procedurally in addition to its other failings. The Premier needs to go back to the drawing board. 

I have urged the Premier to utilise the Constitution Commission’s guidance on what a Code of Conduct for Parliament should contain and consider using a body such as the Commission for Standards in Public Life as the independent investigator. Also, we could consider the UK House of Commons Code of Conduct as a good guide. Lastly, the Premier should work with The Hon Speaker to arrange for the Council to meet and fully consider appropriate options for a genuinely effective Code of Conduct and to have the Code debated and approved by Parliament. My colleagues and I in the Opposition stand ready to work with the Premier and the Commission to get the Code right.