Marci cho, Mr. Speaker.

Sanctions and Penalties

The Commonwealth Parliamentary Association (CPA), with more than 50 member legislatures, identifies benchmarks of good governance and best practices. It recommends that codes of conduct should “specify graduated sanctions and penalties for breaches of the code according to the seriousness of the effects of breaches on the functioning, reputation and legitimacy of the parliament.” The CPA’s Recommended Benchmarks for Codes of Conduct Applying to Members of Parliament also advises that codes should “specify that a Member convicted of a breach of the criminal law, may in addition be subject to a sanction or penalty if found to have breached the Code.”

There is no mention of sanctions or penalties in the Legislative Assembly’s Code of Conduct. However, the Conflict of Interest provisions of the Legislative Assembly and Executive Council Act specify punishments when a Member is found guilty of contravening a section of those provisions. The potential punishments include:

● a reprimand;

● a fine not exceeding $25,000;an order requiring the Member to make restitution;

● an order requiring the Member to pay compensation to any person for a loss sustained;

● a suspension for a period not exceeding 30 sitting days;

● a declaration that the seat of the Member is vacant; and,

● an order that the Member pay costs in an amount to be determined.

It is vitally important to note that the Legislative Assembly’s authority to regulate its internal affairs and discipline its own Members for misconduct is unchallenged. These rights and powers, which fall under the banner of Parliamentary Privilege, are the peculiar rights enjoyed by each House collectively, and by Members individually, without which they could not carry out their duties and functions. These rights and privileges exceed those possessed by other bodies or individuals and are, to a certain extent, exempt from the general law. It is also vitally important to understand that this does not place the Assembly or its Members above the law. Court rulings have assisted in setting precedents to define the boundaries of Parliamentary Privilege and general law.

Examples of sanctions that can be imposed by the House and that go beyond the other sanctions already identified in statute include:

● verbal warnings;

● formal reprimands;

● censure / severe rebukes / admonition;

● naming and order to withdraw;

● suspension from membership for a specified period;

● revocation of appointments;

● imprisonment;

● expulsion / loss of seat.

The arsenal of penalties and sanctions is thus well-stocked. Analysis of codes of conduct elsewhere reveals varied approaches on whether it is advisable to formally identify clear sanctions for specific breaches, or whether it is better to address them case-by-case. The most important consideration is that any sanction should be reasonable and appropriate to the misconduct. Avenues for appeal or review should also be provided in instances where a Member is found guilty of misconduct.

Fostering a Culture of Ethical Conduct

There is a trend toward enforceable standards of conduct in both governmental and non-governmental organizations. Tougher rules do serve a preventive purpose, and while enforcement may ultimately be a deterrent, it is necessarily reactive to events. Prevention of such events must be part of our goal.

Promoting a culture of integrity within public life and the parliamentary context is fundamental to any effective ethics regime. Educational and training efforts can contribute to the effectiveness of an ethics regime by clarifying what constitutes misconduct and identifying ways of eliminating it. Ethical behaviours can be fostered when ethical standards are clearly known and people become attentive to identifying and discovering wrongdoing. People are often hesitant to commit an unethical act if they believe everyone else around them knows it is wrong, or if they are likely to get caught. These positive behaviours are more common in environments that emphasize ethical behaviour.Thank you, Mr. Speaker. I would like to pass it back to the Chair, Mr. O'Reilly.