(Images: AAP)

Federal politicians are not identifying the people and organisations that give them gifts or services because a loophole in guidelines means they are not required to disclose the information — which leaves them open to looking as if they’re obstructing accountability measures.

Nearly 40 years ago the House of Representatives passed a resolution requiring federal MPs to provide a statement of “registrable interests”, and those of their spouses and children. These include shares, real estate, company directorships, gifts, sponsored travel or hospitality — and anything else that could be seen to create a conflict of interest.

The purpose, according to the resolution’s explanatory notes, was to keep the public informed of any such conflicts. 

Importantly the document notes the expectation that MPs should make sure to provide enough information even if it is not prescribed: “No form can cover all possible circumstances and members should consequently bear in mind the purpose and spirit of the return in deciding which matters should be registered.”

But while MPs must declare their interests, neither the resolution nor the explanatory notes stipulate they must disclose who was responsible for the gift or service. Crikey has seen multiple examples of MPs updating the register without including information that explicitly identifies who has provided the benefits. These include:

  • Nationals leader Barnaby Joyce declaring a private charter flight between Armidale and Brisbane on May 5, 2021
  • Nationals deputy leader David Littleproud flying to far north Queensland on a private charter plane “to meet with two NQ mayors” on June 10 and 11
  • Bob Katter declaring the “use of a private aircraft from time to time, sometimes during election campaigns — probably not happening these days”.

There are many examples of politicians listing tickets to professional sports and hospitality without disclosing who stumped up for them. It’s likely many of these are gifts are from the leagues or teams, but is ultimately unclear. 

In the past, failing to disclose the identity of a donor obscured real conflicts of interest. In 2020 Crikey revealed that Senator Bridget McKenzie, an enthusiastic believer in watering-down Australia’s gun laws, had failed to declare recreational trips to Tasmania and New Zealand had been sponsored by international gun manufacturer Beretta.

The House of Representatives’ registrar of members’ interests Peter Banson confirms there is no requirement to say who provided something that an MP lists in the register.

“The point of this scheme is that members are able to say on the record what sorts of benefits they may have received so that it’s clear what they’ve received while conducting their role as a member, so it’s all out in the open,” he said.

The role of registrar is administrative. Any decision to change the requirements to amend this is ultimately up to the politicians. 

“It’s really in their hands,” Banson said. “It’s their scheme, and if there’s a problem the standing committee of privileges and members’ interests can look into it.”

Does this case of one more rort in politics infuriate you? Send your thoughts to letters@crikey.com.au, and don’t forget to include your full name if you’d like to be considered for publication.