Page 1074 - Week 05 - Tuesday, 29 May 2007
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Indeed, one of the two existing procurement principles issued by the government procurement board relates to the expectation that suppliers to government will behave ethically. Among other things, the government’s expectation is that suppliers will comply with the various laws that cover their operations.
The other existing procurement principle issued by the government procurement board is specifically directed at the behaviour of public servants. That is passing ironic, although one should not expect too much consistency from this opposition, particularly in the context of their relentless pursuit of some public servants in relation to these matters. The government, unlike the opposition, it seems, believes that we should not expect or accept different standards of behaviour from one side of procurement than we expect or accept from the other. We have issued directions that suppliers must act ethically. It is appropriate that we expect the same for public servants.
This bill would bring these requirements together under one principle and specifically include the requirement in procurement legislation. This approach would complement the requirements of the Public Sector Management Act and standards. The Public Sector Management Act makes provisions relating to the general obligations of public servants, described elsewhere as a code of ethics. The standards include a chapter on ethics that provides further guidance on what constitutes ethical behaviour. That is available for Mr Mulcahy’s information—indeed, for anybody that has some concern about the meaning of ethical behaviour.
The current procurement principles are not just words for show. The government procurement board has issued detailed guidelines on procurement principles and a range of circulars to ensure that public servants, suppliers and the general public have a clear and informed understanding of what constitutes ethical behaviour and being an ethical supplier.
The board’s publications, which are all publicly available online, include the probity and ethical behaviour procurement circular 2003 to 2006, the case law fair dealing in tendering toolkit and the ethical suppliers principle circular and toolkit. I understand that the government procurement board will be updating the various circulars it has issued to reflect any changes to current arrangements agreed by the Legislative Assembly.
It is for these reasons that the government does not support the proposal to remove the requirement for public servants to act ethically in relation to procurement matters. The government will oppose this proposed amendment.
MR MULCAHY (Molonglo) (11.35): I want to say a few words on the amendment. It is easy to misconstrue intentionally the position the opposition has taken on ethical behaviour. I do not think anyone who listened to my previous remarks would reach any view that we do not support ethical behaviour.
The fundamental problem is that what is deemed ethical behaviour by one person may not be deemed ethical behaviour by another. No clearer example exists than the issue of investments where what is ethical investment from the perspective of one individual is not ethical investment from the perspective of others. My colleague
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