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Lobbyist breaches go unsanctioned as critics call for Australia's rules to be strengthened
Lobbyist breaches go unsanctioned as critics call for Australia's rules to be strengthened

The Guardian

time5 days ago

  • Business
  • The Guardian

Lobbyist breaches go unsanctioned as critics call for Australia's rules to be strengthened

Not a single lobbyist has been sanctioned under the federal government's code of conduct and transparency rules for almost three years despite more than a dozen breaches, with critics arguing the scheme is 'as weak as a cup of cold milky tea'. And in Victoria, no lobbyist has been sanctioned since the establishment of the current regulator more than a decade ago, with the state government acknowledging there is a need for reform after warnings from the anti-corruption commission. Professional third-party lobbyists must comply with a federal code of conduct and disclose details to a transparency register, which is designed to strengthen public confidence in how politicians and their staff interact with vested interest groups. Lobbyists who work without being listed on a register or who fail to act honestly and fairly can be investigated for breaches of conduct. This includes lobbyists who do not disclose links to foreign companies and governments. But Guardian Australia can reveal no one involved in the 14 breaches substantiated by the federal attorney general's department since January 2023 has been formally sanctioned. Sign up: AU Breaking News email A departmental spokesperson said each breach was administrative in nature and 'resolved through engagement between the department and relevant lobbyists'. 'In most cases where breaches are substantiated, they are administrative in nature and remediated through communication with the responsible officers within lobbying organisations,' the spokesperson said. 'There were no reported breaches referred to the secretary for consideration during the relevant period.' Transparency International Australia's chief executive, Clancy Moore, said federal lobbyists breaking the rules 'do so with impunity'. 'Put simply, the federal lobbying code of conduct is as weak as a cup of cold milky tea,' Moore said. 'The commonwealth needs a big stick to sanction lobbyists who break the rules.' Crossbench MPs and the Greens have flagged pushing Labor to toughen the rules in the new term of parliament. One element of the rules persistently identified as a shortcoming is that the code of conduct only covers paid third-party lobbyists and their clients. Lobbyists employed internally by corporations and interest groups are not required to sign up. Currently about 360 lobbying organisations and more than 700 individual lobbyists are included on the transparency register. They represent a combined 2,400 clients. More than 40% of registered lobbyists are identified former government representatives, including former staffers, former government ministers and other ex-office holders. In Victoria, no lobbyist has been sanctioned by the state authority since the latest code of conduct was introduced by the Napthine government in 2013. Under current rules, the only sanction available in Victoria is the removal of a lobbyist from the register. The state's public sector commissioner, Brigid Monagle, said six potential breaches of the lobbying code had been investigated in the past five years. Sign up to Breaking News Australia Get the most important news as it breaks after newsletter promotion 'None of these potential breaches met the full requirements for removal under the terms of the code,' Monagle said. 'There may of course be other breaches that the commission has not been made aware of, and we encourage anyone with knowledge of a breach to make a report.' The Centre for Public Integrity's executive director, Catherine Williams, said Victorian regulation was not fit for purpose and regulators should have a broad range of sanctions to ensure smaller but significant breaches of the code do not go unpunished. 'Clearly, a uniform law would be optimal as it would simplify compliance for lobbying firms and individuals operating across multiple jurisdictions,' Williams said. 'Unfortunately, however, with the current regulatory patchwork across the country – and federally, a government yet to acknowledge that lobbying reform must be on the agenda – a uniform law is a very long way off.' In October 2022, the Independent Broad-based Anti-corruption Commission (Ibac) raised concerns about potential corruption risks posed by lobbying. The Victorian government has accepted Ibac's recommendations, in principle, and is now consulting on possible changes. In New South Wales, six lobbyists were suspended from operating last month after failing to provide a regular update on which government officials they had met and on whose behalf. The NSW Electoral Commission, which regulates the lobbying industry, required this information to be updated every three months. Lobbyists must update the list even if they have been inactive during this period. There is no such requirement for lobbyists meeting with federal government officials.

Report on AG-public prosecutor separation to be sent to Cabinet this month, says law minister
Report on AG-public prosecutor separation to be sent to Cabinet this month, says law minister

Malay Mail

time22-07-2025

  • Politics
  • Malay Mail

Report on AG-public prosecutor separation to be sent to Cabinet this month, says law minister

KUALA LUMPUR, July 22 — The Comparative Study Task Force's final report on the proposed separation of powers between the attorney general (AG) and the public prosecutor will be presented to the Cabinet this month, Datuk Seri Azalina Othman Said said today. The minister in the Prime Minister's Department (Law and Institutional Reform) said the Cabinet had already agreed in principle to the reform, and that two task forces — one for comparative studies and another for technical implementation — had been set up. 'The final report from the Comparative Study Task Force will be submitted to the Cabinet in July. 'After that, the Technical Task Force will take over to work on how the separation will be implemented,' she said in a written parliamentary reply to Pulai MP Suhaizan Kayat. Azalina said the comparative task force, which she led, carried out working visits to Canada, Australia and the United Kingdom. The delegation included MPs from both sides of the aisle, the Bar Council, Attorney General's Chambers (AGC), and the Legal Affairs Division of the Prime Minister's Department. An interim report from the task force, she said, had outlined key policy issues such as appointment and dismissal powers, role clarity, institutional independence, transparency, and accountability. It was tabled before parliamentary select committees in both the Dewan Rakyat and Dewan Negara. Azalina added that doctrinal research involving nine countries — including Kenya, India, Hong Kong and South Africa — had also been completed, along with a public opinion study which showed strong support for separating the AG's advisory role from prosecutorial powers. The technical task force, she said, is chaired by the deputy law minister and comprises representatives from the Legal Affairs Division, AGC, Public Service Department, Finance Ministry, and the Judicial and Legal Services Commission. 'Overall, the proposed Bill is currently being finalised and will be tabled once it receives approval from the Cabinet,' she added.

Brazil AG Wants Probe of Possible Insider Trading on US Tariffs
Brazil AG Wants Probe of Possible Insider Trading on US Tariffs

Bloomberg

time20-07-2025

  • Business
  • Bloomberg

Brazil AG Wants Probe of Possible Insider Trading on US Tariffs

Brazil's attorney general is seeking a probe into possible insider trading in the country's currency markets around the announcement of US tariffs on Brazilian goods. The request follows local media reports of significant foreign exchange transactions before and after the official tariffs announcement, 'suggesting possible use of privileged information (insider trading) by individuals or legal entities,' according to a statement from the Brazilian attorney general's office.

The long road Idaho prosecutors sought to spare the families of Bryan Kohberger's victims by avoiding a death penalty trial
The long road Idaho prosecutors sought to spare the families of Bryan Kohberger's victims by avoiding a death penalty trial

CNN

time20-07-2025

  • CNN

The long road Idaho prosecutors sought to spare the families of Bryan Kohberger's victims by avoiding a death penalty trial

When the men who murdered Carmen Gayheart were sentenced to death in 1995, her sister, Maria David, thought it might be 12 or 14 years before they were executed. She waited 31. Life went on. David got married and had two boys. The family left Fort Lauderdale, Florida, she said, because it was too hard to live there with all the memories of Carmen, herself a mother of two and an aspiring nurse. But 'for every good thing in my life, there was a sad shadow hanging over,' David said – because of what happened to Carmen, and the long wait for the executions. David would open the mailbox and find an envelope from the attorney general's office, informing her that her sister's killers had filed another appeal. Another envelope would follow with the state's response, then another with the court's opinion. Later, another envelope. Another appeal. For three decades, she worked to see the executions carried out, calling state officials and her victim's advocate, writing letters and attending hearings for the inmates' appeals so they would know Carmen's family had not forgotten. 'I devoted a lot of time to that. I feel like I put my family second a lot,' David told CNN. 'I think a lot of times I did put the kids in front of the TV more to get online and read something or to write a letter or, you know, just immerse myself in that, more so than my own life.' David's experience is not uncommon for the loved ones of victims in capital cases. Her story illustrates the long road Idaho prosecutors say they wanted to spare the families of four University of Idaho students killed in November 2022 by agreeing to a plea deal that would see the confessed killer avoid a possible death sentence. Instead, Bryan Kohberger will be sentenced this week to life in prison without parole, and he'll forfeit his right to appeal. The agreement received mixed reactions from the families of Ethan Chapin, Kaylee Goncalves, Xana Kernodle and Madison Mogen. The fathers of Goncalves and Kernodle expressed anger, criticizing prosecutors for not adequately consulting the families before agreeing to the deal. 'We'll never see this as justice,' Steve Goncalves told CNN's Jim Sciutto. Others voiced acceptance, saying they were relieved to avoid a drawn-out trial and the possibility of a yearslong appeals process. The Chapin family's 'initial response was, 'an eye for an eye,'' Ethan's mother told NBC's 'Today.' 'But we've spent a ton of time talking about it with prosecutors, and for us, we always felt like this was a better deal.' This split highlights how the death penalty – and the possibility of it – affects victims' loved ones, often referred to as survivors or co-victims, in deeply personal ways. They are not a monolithic group; resolution can mean something different to each person. 'Every co-victim of murder is different in what their needs are and are going to be different in how they see those needs being met and are going to be different in how they see justice being served,' said Scott Vollum, a professor at the University of Minnesota Duluth who has studied violence, the death penalty and its effect on co-victims. To try and determine if the death penalty helps or provides closure to co-victims writ large, he said, is a 'conclusion that denies some people the validity of how they feel.' Had Kohberger gone to trial, there was no guarantee he would have been sentenced to death. If he were, it likely would have been years, even decades, before an execution – and even that would not be certain. For victims' families, a death sentence is not the end of a journey but the beginning of one. While some may find solace in the end, for many – even those who support the execution – the intervening years of appeals and uncertainty often reopen old wounds. 'It was difficult,' David told CNN several weeks after witnessing the execution of one of the men who killed her sister. 'It was a long road, hard road, sad road. Infuriating at times, because you just don't realize how long it's going to take.' 'You just don't realize 31 years is going to happen.' Death penalty cases take a long time to conclude because of the finality of execution. Once put to death, an inmate can no longer appeal to remedy any errors in their case. The appeals process following a death sentence is meant to be thorough, ensuring the defendant is truly guilty and deserving of the ultimate punishment, which is legal under federal law and in 27 states, though governors in four of those states have suspended executions. That means victims' families often wait years to see an execution. As of 2024, an inmate spent an average of 269 months – more than 22 years – on death row awaiting execution, according to the Death Penalty Information Center. 'Many victims in death penalty cases describe getting victimized by the system,' said Samuel Newton, a law professor at the University of Idaho. He likened this appellate process to an 'emotional juggernaut' for survivors. 'We're talking eight, nine, 10, 12 legal proceedings that will take decades to resolve,' he told CNN. Roger Turner waited two decades to see the man who killed his father, Henry Lee Turner, put to death. Even 10 years would have been too long, he said. 'That's additional suffering that does not need to happen.' Turner had long ago forgiven the killer, citing his Christian faith. But he struggled with the case's repeated resurfacing, which forced Turner to relive the ordeal of his father's murder and the night in 2005 when his dad – a kind man who would lend a hand to anyone in need, including his killer – didn't meet him as expected. 'I'd kind of forget about him for a little while,' Turner said of the killer, 'and then, boom. It would come up in the news. It was always there.' 'I know that I can go on with my life,' he told CNN after witnessing the execution in June. 'But that still doesn't change the fact that I had to carry that burden for 20 years, in my mind and on my shoulders.' An execution – or even a death sentence – is not a foregone conclusion, even in high-profile, notorious cases like the one in Idaho. Anthony Montalto would have willingly waited and endured many appeals to see the man who murdered his daughter in the 2018 Parkland shooting executed, he said. Though the shooter pleaded guilty to murdering Gina – whom her father fondly remembers for her smile, her personality and her desire to help others – and 16 students and staff, the jury did not unanimously recommend the death penalty, resulting in a sentence of life without parole. 'Given the trade-off … I would have accepted that,' Montalto told CNN of the lengthy appeals process. 'When you lose a child, you think about her every day. There's no day that will ever be truly happy again after you have your daughter murdered.' Even when imposed, a death sentence may not be carried out. Convictions or death sentences can be overturned during appeals, and some defendants may be spared from execution. A governor, for instance, might grant clemency, pause executions in their state or clear death row altogether. A Death Penalty Information Center analysis of more than 9,700 death sentences found that fewer than one in six death sentences will lead to an execution. Additionally, at least 200 people since 1973 have been wrongfully convicted and sentenced to death before later being exonerated, according to DPIC – underscoring the importance of a thorough appeals process. And it's always possible a defendant will die of other causes before entering the execution chamber. One of Carmen Gayheart's two killers died in prison two years ago 'without accountability,' David, her sister, said. 'That was really a sucker punch.' After enduring all this, survivors may have the opportunity to witness an execution. But resolution is subjective, and whether the execution brings peace or comfort to a victim's loved one will vary from person to person. The idea of 'closure,' however, is one Vollum believes is 'somewhat of a myth.' 'That word, 'closure,' even amongst co-victims, often gets rejected,' he said, even by those who desire an execution. 'Closure,' he believes, is an idea imposed on co-victims by politicians and policymakers, who have promised an execution will 'be a magical point of closure.' But the loss of a loved one is never over, he said. Instead, co-victims will refer to an execution as the start of 'a new chapter,' or something that helps them 'turn a page, and maybe move on to a different stage in life.' Not everyone feels that way. Some co-victims oppose executions, perhaps wanting the killer to live with their crimes, or hoping to later seek answers from the perpetrator, he said. Others who witness an execution, he said, may leave the death chamber dissatisfied, either because they don't feel resolution or because they feel the process focused on the offender rather than the victims. 'I think a lot of people are promised that this will somehow bring them some kind of catharsis or some kind of healing,' he said, 'and I think to some degree that's false hope for individuals who are experiencing a loss that isn't so easily remedied by another act of violence.' 'That's not to say,' he added, 'that there aren't co-victims that feel better having seen the offender that killed their loved one executed, whether seeing it directly or knowing that it happened.' Maria David is one of them. Before the execution of her sister's surviving killer last month, she was skeptical it would bring her relief. But after she and 16 family members gathered to witness the execution, she felt differently. It wasn't immediate, she said. But a couple of hours later, she and her family visited Carmen's grave, lighting candles in the dark. She felt a sense of peace. The next day, she looked out the window and saw a rainbow – a sign, she said, from Carmen. 'I do feel differently than I thought I would,' she said. 'I felt like, prior to that, it was just closing the legal chapter and that, of course, I'm never going to get over what happened to her.' 'But I do feel calm. I feel better. They're dead now,' she said. 'There is not another piece of paperwork that is going to come here regarding either one of them. That is a blessing in and of itself. And I do feel like I'm going to be more on a healing journey than anything else – focus more on myself, taking care of myself better and my family.' CNN's Elizabeth Wolfe, Julia Vargas Jones and Norma Galeana contributed to this report. Correction: An earlier version of this story misidentified the Florida city Maria David left following her sister's death. Her family moved away from Fort Lauderdale.

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