In 1984, under the guiding hand of Susan Ryan, the first female Labor MP to sit in cabinet, Federal Parliament passed a historic sex discrimination act which made sexual harassment in the workplace unlawful, a first anywhere in the world.
It is bitterly ironic that, 37 years later, an extensive independent review of workplace culture at Parliament House has revealed sexual harassment and bullying are commonplace. The report, by Sex Discrimination Commissioner Kate Jenkins, found one-third of people working in Commonwealth parliamentary offices have personally experienced sexual harassment and more than half have experienced at least one incident of bullying, sexual harassment or actual or attempted sexual assault.
This is a damning indictment of the seat of our democracy. The report highlighted the role played by excessive consumption of alcohol during interminable parliamentary sittings. It pointed out the lack of clear rules on when parliamentary staffers can be fired and the lack of diversity policies which are standard in the corporate world. Federal Parliament is a workplace that leaves many, especially its junior staff, vulnerable. The report said “power, including power imbalances and the misuse of power, is one of the primary drivers of misconduct”.
The toxic culture among MPs was on display again this week. In a sign that the problem is not entirely confined to men, Greens senator Lidia Thorpe on Thursday had to apologise for a vile sexualised insult hurled at NSW Liberal senator Hollie Hughes during a debate.
It should shame MPs that it was not one of them who finally blew the whistle on the toxic culture. Instead, former junior ministerial staffer Brittany Higgins triggered the Jenkins inquiry in February when she went public alleging she had been raped in Parliament House.
The report calls for a new code of conduct for parliamentarians, staff and other workers in Parliament House; an Office of Parliamentarian Staffing and Culture within a year to act as an independent human resources branch and fair dismissal rules.
Ms Jenkins also recommended that to begin the healing process, the Speaker and Senate President along with other parliamentary leaders make a formal statement acknowledging the harm caused to staff and politicians by bullying, sexual harassment and assault.
The most difficult issue is how to hold MPs accountable for their actions. The Jenkins report found that the toxic culture survived because, as one person described it, “there are no ramifications for bad behaviour because there is no risk of MPs getting fired or otherwise being held accountable for their actions”. Under the constitution, MPs can only be dismissed by voters. The Parliament’s privileges committee has taken a narrow view of its role and is inherently politicised.
The report calls for an Independent Parliamentary Standards Commission, similar to a body in Britain, which will investigate complaints against MPs and, in some cases, recommend sanctions.
The urgent need for an independent investigator for such incidents was underlined on Thursday after Minister for Education Alan Tudge was accused by a former staffer, Rachelle Miller, of “abusive” behaviour during a relationship that was characterised by a “power imbalance”. Tudge has denied the staffer’s version of events and Prime Minister Scott Morrison has referred the matter to Phil Gaetjens, the head of the department of Prime Minister and Cabinet.