Samuel Johnson wrote “The road to hell is paved with good intentions”. Good intentions lie behind the Local Government Minister’s steadfast determination to implement the Conflict Of Interest provisions of the new Local Government Act.
The Honourable Desley Boyle MP says that the Act is “shining a spotlight on the debate about the integrity of local government Councillors. This is a good thing even though it means some Councillors have to change their ways”.
This is clearly a good intention. But do the new provisions of the Local Government Act achieve this goal of increasing integrity of councillors? We are concerned it could become a reinvention of one of the most draconian and undemocratic Courts in English history – the infamous Star Chamber.
The Star Chamber was originally designed to prosecute powerful English nobles who had so much political influence that no ordinary court would dare convict them. Clearly the Star Chamber started with good intentions.
The Star Chamber’s descent down the road to hell came in the details of how it actually worked. To effectively prosecute well connected and powerful people, it was thought that the Chamber needed to be secretive. So the accused was brought before it with no knowledge of the crime they were supposed to have committed. Its powers were absolute.
There was no right of appeal. If a majority of the Star Chamber decided you were guilty, then guilty you were and that was that.
Fast, absolute and summary justice was dispensed by the Star Chamber.
Desley Boyle may have inadvertently unleased some of the evil of the Star Chamber into the Council Chamber with the new Conflict of Interest legislation in Section 173 the Local Government Act.
Any Councillor can be expelled from Council if a majority of councillors believe he or she has a conflict of interest. There is no definition of what is acceptable evidence of such a conflict of interest. Incredibly, no evidence needs to be tabled. Even hearsay appears to be acceptable.
It is sufficient to accuse and if you have the numbers, then the case is proven with no appeal possible.
Even the Star Chamber required written evidence. This new legislation does not. No effort is required. Just make an accusation. Table no evidence. Take a vote and if you have the numbers then the case is proven and there is no appeal.
The new Local Government Act can be misused to effectively repeal several important, commonly assumed rights of any accused person. The right of being able to face their accuser. The right to see the evidence that is being used against them and the right to appeal to a higher court if they believe an injustice has been done to them.
The Star Chamber frequently sentenced politically inconvenient people to the pillory, to whipping and to the cutting off of ears with its excessive use of arbitrary power. It banned books and newspapers that opposed the Court.
The Star Chamber became the chief political weapon to silence opposition to the King. It was abolished by an Act of Parliament and replaced by a bill that gave all accused some basic rights – the Habeas Corpus Act 1640.
There is much heat about the way these new provisions have been used or may be used in councils throughout Queensland. We urge all involved to carefully consider this law, its implementation and its possible effects on our democracy at the local government level.
There should be no place for summary justice in a democracy. We all should have a care that Council Chambers do not become Star Chambers where raw power overcomes the rule of law.
A bad law, no matter how well intentioned, remains a bad law and needs to be fixed.