Thread by @StephenJonesMP

There’s plenty of moral reasons why @senbmckenzie problem won’t go away. Here’s the legal reason #thread

The Commonwealth Grant Guidelines are a whole of Goverment obligation.

The Minister is required to provide a report on why she ignored advice.

finance.gov.au/sites/default/…

Paragraph 41.10 - 12 set out the (minimal) requirements of a Minister approving grants.

“41.10. ... the Minister:
ba. must not approve the grant without first receiving written advice from officials on the merits of the proposed grant or group of grants. “

and ....

“bb. (the Minister) must record, in writing, the basis for the approval relative to the grant opportunity guidelines and the key principle of achieving value with relevant money”

And ....

“bf. Ministers ... must report annually to the Finance Minister on all instances where they have decided to approve a particular grant which the relevant official has recommended be rejected.”

“The report must include a brief statement of reasons (i.e. the basis of the approval for each grant). The report must be provided to the Finance Minister by 31 March each year for the preceding calendar year.”

Then there’s Part 13 which deals with Probity and Transparency:

“131.3 .... decisions relating to grant opportunities are impartial; appropriately documented and reported; publicly defensible; and lawful. “

Paragraph 131.9 includes this clear warning:

“The ANAO has put an emphasis on the geographic distribution of grant activities as a measure of equitable distribution and as an indicator of party-political bias in the distribution of grants.”

“The ANAO has emphasised that those involved in grants administration should therefore be aware that the geographic and political distribution of grants may be seen as indicators of the general equity of a grant opportunity.”

These guidelines are binding on all officials and Ministers as Government policy.

The Minister is required to explain why she ignored them.

Over to you @senbmckenzie

A number of people have asked me whether these guidelines are enforceable. Here’s the curious thing:

1. The Commonwealth Grants Guidelines apply to BOTH the Public Servants who make recommendations to the Minister AND to the Minister.

2. If a Public Servant had advised the Minister to do what she did then they would be in clear breach and would face disciplinary action. They would have to show cause as to why they should not be sacked.

3. But if it is the Minister who breaches the guidelines - it’s a matter for the Prime Minister or the Parliament.

The Parliament’s ability to discipline a Minister is constrained by numbers.

The Prime Ministers ability to disciple a Minister is only constrained by conscience.