Last week, we learned that climate polluters had been writing our climate laws, and trying to hide the evidence by handing over their demands in hardcopy (which was then conveniently "lost" and so unavailable to an OIA request). That was highly suspicious, suggesting a deliberate attempt to thwart the Public Records Act and its requirement to create and maintain full and accurate records of official business. And now it gets worse, with news that prime ministerial staffer and former far-right lobbyist Matt Burgess was getting official documents sent to his private email account.
Once is suspicious. This however suggests a pattern of behaviour to hide public records, a deliberate non-compliance with the Public Records Act. And that is a crime. While the penalty is pathetic, he needs to be prosecuted, pour encourager les autres. Failing to do makes a mockery of the law.
But that's not enough. We clearly need law reform here to protect transparency. This must include explicit penalties in the OIA, stronger (and matching) penalties in the Public Records Act, and a tweak to the Electoral Act declaring violation of either to be a corrupt practice - meaning anyone convicted will be automatically removed from parliament. Add a legal principle of absolute ministerial responsibility for the actions of their subordinates, and we would finally have proper incentives for open government.
If Ministers refuse to do this, it is effectively an admission that they are guilty. The question is, how shameless is how political class?
