Table of Contents
The formidable Senators John Faulkner and Robert Ray who led Senate Estimates interrogations during the Howard government years from 1996 (photo by kind permission of the Australian Society for the Study of Labour History)
Secretaries are responsible through their ministers to the Parliament. They interact directly through:
-
appearances before Parliamentary Committees
-
occasional constituency activities involving departmental program management
-
meetings of government committees
-
official functions.
Senate Committee hearings are the main occasions when secretaries interact directly with Parliament and its members. Departments appear before their respective Senate Legislation Committees (still commonly referred to as Senate Estimates Committees) at least twice and usually three times a year: directly after the budget, when the committees are focusing on the Appropriation Bills 1 and 2 for the year ahead; in November, when they have annual reports for the year behind to examine; and often again for the ‘Additional Estimates’, Appropriation Bills 3 and 4, about February.
Despite the ostensible focus of each of these hearings, by convention, committee members may inquire about any matter relevant to the department’s policy and program management responsibilities. I always took the view that, as secretary, I should lead the department’s officers in these hearings, unless I was genuinely and unavoidably unavailable, such as overseas for meetings that could not be rescheduled. This reflected my view of my statutory responsibilities and the respect the APS must give to the Parliament. That has not been everyone’s practice in the past, though the Rudd Government has now stated its expectation that secretaries appear.
In most cases, a minister formally represents the executive arm of government, but committees are always conscious of the right of Parliament to call witnesses and most questions are directed to officials, ministers intervening when issues of policy (and politics) are raised. For most agencies most of the time, the minister sitting at the table is not the minister directly responsible, but a minister in the Senate representing the minister concerned. This adds to the pressure on the officials to answer questions.
While non-departmental agencies (including the Australian Public Service Commission) might not face lengthy hearings (or might not be called at all), departments are more frequently there for the long haul. In the Department of Health, it was usually two full days each time, from 9am until 11pm.
Table 5.1 Lessons for new players
I remember a conversation with a new Chief Medical Officer as I drove her to her first Senate Estimates meeting when she asked to confirm the meeting was from nine until 11, as she had another appointment at lunchtime. I carefully explained, to her horror, that it was from nine in the morning until 11 at night, for two days, with the possibility of further hearings after that.
It was not uncommon for the Senate, in addition, to establish inquiries into aspects of departmental management or relevant government policies and to require officers to attend. Depending on the nature of the inquiry, I would usually attend these in person also. Examples included inquiries into magnetic resonance imaging (MRI) and aged care, which were particularly sensitive politically, and where major questions of departmental management were being raised. My attendance was not only because of the sensitivities involved and my respect for the Parliament, but to demonstrate to my staff that I accepted responsibility for the administration of the department.
More technical reviews of new legislation, such as on gene technology, would be handled by the appropriate experts and managers. Similarly, I left to the relevant experts advice provided to ministers when new legislation was being debated in the House or Senate.
The House of Representatives has fewer committees than the Senate and they are usually not on highly partisan issues, the government being in control of their establishment and terms of reference. Accordingly, any departmental support required is usually of a technical nature not requiring a secretary to attend.
As a consequence, secretaries are generally more familiar with senators than members of the House, other than members who are or were ministers—and vice versa: thus many new ministers who are not senators have had little if any contact with the Public Service and secretaries.
Members of Parliament also interact with officials in their day-to-day work on behalf of their constituents. Such interaction is usually codified through rules developed with the minister and the minister’s office. These usually require, at the very least, that the minister’s office is kept informed of any such interactions. I usually took close interest in the development of such rules, but rarely in the real interactions that took place.
Table 5.2 Working with politicians: conflicts of interest for politically active public servants
I have an old-fashioned view that the Public Service values of political neutrality and impartiality have precedence over a public servant’s right to participate in politics and that this means that senior public servants should not be members of political parties. Others have different views, and there is no prohibition.
The potential for conflict of interest, however, can arise even at levels below the SES.
In the Health department, the regional director in North Queensland was a prominent member of the Labor Party and occasionally the subject of press speculation that she might be a candidate for the Senate. Her official duties required her to interact frequently with local Members of Parliament, all of whom were from Coalition parties. Some complained to the minister, questioning the director’s capacity to act in a non-partisan way.
I had no evidence that the director acted other than professionally at all times. I also felt the option of compulsory transfer to Brisbane or Canberra (where she could be placed so as not to be in regular contact with politicians) was a pretty tough option and could be challenged, quite probably successfully.
There was, however, a perception of conflict of interest held sincerely by a number of politicians. I remained uncertain about the right answer here, but chose to pass on through my deputy a clear message to the director to behave with utmost professionalism at all times and to advise the minister’s office that any specific complaints be forwarded to me and that the MPs could make contact with more senior staff in the department if they preferred. I did not receive any specific complaints.
On occasion, I met with government backbench MPs personally to discuss important policy or management issues (not constituent matters). This was more common under Labor, which had active caucus committees that ministers wished to have onside. Mostly, a ministerial staffer would accompany me at such meetings. Under the Coalition, I sometimes (though rarely) met influential backbenchers such as Brendan Nelson on a one-to-one basis with the approval of the minister.
Secretaries also come into contact with Members of Parliament at official functions such as state dinners for visiting heads of state and public meetings and seminars. These provide useful opportunities to meet and recognise respective roles; sometimes they also provide insights (for both parties) about capabilities, interests and attitudes.
Table 5.3 Surprising insights from future ministers
At one state dinner, my wife and I were seated at a table with a prominent shadow minister, who proceeded to lead the conversation in berating the Public Service. I tried to respond diplomatically. It was to no avail. Moreover, I felt we were being treated as ‘servants’ rather than as fellow guests (and fellow hosts) at the dinner.
This became particularly clear at the end of the evening when the MP asked my wife and me to arrange more red wine; when I explained that the wine service had stopped, she readily accepted my wife’s offer of her full glass! It was a useful tip for when the MP later became a senior minister.