Government Response to the Review of the Election Commitments Costing Act 2012 Presented by Andrew Barr MLA Treasurer INTRODUCTION The Government welcomes the findings of the Review of the Election Commitments Costing Act 2012 and thanks the Australian New Zealand School of Government (ANZSOG) Institute of Governance at the University of Canberra who undertook the Review. Overall the Review found that the Election Commitments Costing Act 2012 (the Act) and supporting Guidelines were considered very successful during the 2012 ACT Election. There was high level of satisfaction with the Act and processes, which was attributed in part to sound project management of the costing process by Treasury and the establishment of effective working relationships between Treasury and political parties. Particularly important to the Government is the Review finding that the costing process occurred in a transparent, non partisan and objective manner. It was found that the integrity of the public service was maintained, and that political parties and public servants clearly understood their roles and responsibilities. Also pleasing was the Review finding that all political parties considered that they and other political parties had complied with the intent and requirements of the Act. In summary the Act and guidelines were found to be a significant advancement on past practice and political parties considered that they should be retained for future ACT elections. The Review includes five possible improvements, related in the main to process issues. They are not recommendations by the reviewers but in part reflect instead, suggestions made to the reviewers during interviews. In its response, the Government has: agreed to 1 suggestion; agreed in part to 1 suggestion; agreed in principle to 1 suggestion; noted 1 suggestion; and not agreed to 1 suggestion. The Government has provided a response to each of the suggestions of the Review. Government Response to the Review of the Election Commitments Costing Act 2012 Page 2 RESPONSE TO SUGGESTIONS SUGGESTION 1 Parties, if they considered it useful in their campaign strategy, could be allowed to submit requests that they have not yet publicly announced provided that they specify a date when the commitment will be publicly announced so that Treasury can publish the costing on that day. The same requirements around withdrawing a request should still apply as presently defined. Government Response Noted. The Government has concerns that this suggestion could result in parties submitting a large number of costing requests which are subsequently withdrawn due to campaigns evolving and changing during an election period. SUGGESTION 2 Treasury could maintain and publicly issue a running “tally” for each major party during the election campaign. Government Response Not Agreed. As the Review identified, any tally may not be complete. Commitment costings are voluntary, therefore not all costings are necessarily submitted and the release of progress totals only reflects the timing of submitted commitments for costing and not the full fiscal impact of party commitments. Not all commitment costings submitted are able to have their cost determined and would therefore not be included in a tally. As a result a tally could be misleading as these commitments may have significant cost. Treasury’s role is that of an independent verifier of the costs. The publication of tallies by Treasury would diminish Treasury’s perceived independence in the costing process. The question of whether to present a tally to the public is a matter for the political parties to decide. Conversely any interested person or the media could easily present a tally from the publicly available released costings. SUGGESTION 3 The confidentiality provisions of the Act could be broadened to include any aspect of any dealings that Treasury has with the Parties in the course of undertaking election costings, and so avoid concerns that the incumbent Government had access to information that could be used against other contestants in the campaign. Government Response to the Review of the Election Commitments Costing Act 2012 Page 3 Government Response Agreed in principle The Government will support this suggestion in principle at this time. The issue should be further considered in the Government’s review of the Caretaker Conventions, as occurs before every election period, which apply during the election costing period. Once this review is complete, the Government will be better placed to consider this issue from all perspectives and decide what action is required, to either the Caretaker Conventions or the Act. SUGGESTION 4 As part of the ongoing monitoring of the Act’s impact, Treasury (or another commissioned body) could compile a data base of access to, and media reporting on election costings material. This could include recording the numbers visiting the information on the Treasury website. Government Response Agreed in part. The Government accepts the part of this suggestion that is related to counting visitor numbers to the commitments costing page on the Treasury website. Treasury understands that the system changes required to include a count are minor. The Government does not accept that part of this suggestion related to compiling a database of media reports. It would not be practical to implement a process that was guaranteed to be comprehensive, particularly given the expansion of media into electronic fora. SUGGESTION 5 As an act of good faith, the Guidelines on which the Act depends for effective implementation could be tabled before the Assembly rises for the election to allow for parliamentary scrutiny, and discussion if warranted, of its provisions. Government Response Agreed. This suggestion is accepted (when feasible) albeit via a modified process. The Government considers that a more constructive method of engagement with the parties, prior to the finalisation of the Guidelines, would be to consult on the draft Guidelines outside of session. The final Guidelines (where feasible) could then be tabled in the final sitting period. The Guidelines reflect the practical operation of the Act. If any changes are made to the Act, this may necessitate some redrafting of the Guidelines to reflect any required procedural changes. If the Act is amended late in the final sitting period, there may not be adequate time to table the revised Guidelines in the same period. Government Response to the Review of the Election Commitments Costing Act 2012 Page 4