Right: Newspapers were almost unanimous in their condemnation of the Turnbull ban on sexual relations between ministers and their staff, with some saying it was an infringement of MPs' human rights.
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Arguments in favour of banning ministers from having sexual relations with their staffers
1. The power imbalance between those involved makes such sexual relationships potentially exploitative
One of the reasons offered for banning sexual relations between ministers and their staff is that the staffers' terms of employment make them vulnerable to being exploited. Their jobs are often directly under the control of their minister who can alter their conditions or terminate their employment.
It has been claimed that staffers' dependence on their ministers means that it may be difficult for staffers to reject sexual advances from these ministers.
In an opinion piece written by George Williams, Dean of Law, at the University of New South Wales and published on the University's Newsroom site, Williams states, 'Staffers have little job security and are highly dependent on the favour of their minister. They are not covered by the normal arrangements and protections that apply to members of the public service. Instead, the Members of Parliament (Staff) Act 1984 says that their terms and conditions are set by whatever agreement is reached to cover their employment. These terms might be set by their minister.'
Williams concludes that staffers' dependence upon their ministers for their continued employment poses 'a high risk of exploitation'. This includes sexual exploitation.
It has also been argued that the ban helps to protect female staffers in particular from the coercive attention of male ministers. Putting the ban in a broader context, an editorial published in The Australian Financial Review, noted the recent suspension of a consulting firm's managing partner following a sexual harassment complaint and stated with approval that 'Malcolm Turnbull's blanket sex ban between ministers and staff members, in response to Barnaby Joyce's extramarital affair with a staffer 17 years his junior, has set a new workplace standard.'
The Prime Minister, Malcolm Turnbull, in announcing the ban on sexual relations between ministers and their staff, referred to the need to make Parliament a workplace 'where women are respected'. He also referred to the gender-based power imbalance in Parliament. He stated, 'Most of the ministers, most of the bosses in this building if you like, are men and there is a gender, a real gender perspective here.'
The Prime Minister has been seen as implying that male ministers may use their positions of power inappropriately to pressure female staffers for sex.
Carol Johnson, Professor of Politics at the University of Adelaide, has endorsed Malcolm Turnbull's position on the power imbalance, stating, 'Parliamentary culture in general remains highly gendered, with women often bearing the brunt of sexist attitudes. The culture is also one that has often rewarded particularly macho conceptions of masculinity.'
Thus a ban on affairs between ministers and staffers has been supported by many as a means of protecting these staffers, especially women, from sexual exploitation by ministers.
2. Sexual relationships between ministers and staff are contrary to community expectations
Supporters of a ban on sexual relations between ministers and their Parliamentary staff claim that the ban reflects general community attitudes. They claim that the community as a whole values the institution of marriage and thus does not approve of married ministers (or staffers) having affairs. It has also been claimed that whether the parties involved are married or not, the community is suspicious and disapproving of 'office affairs' and expects ministers to behave with more respect for their positions.
In announcing the change to the Ministerial Code of Conduct on February 15, 2018, the Prime Minister, Malcolm Turnbull, detailed the values he was seeking to promote within the culture of the Australian Parliament. He referred to, 'the values that we all should live, values of respect, respectful workplaces, of workplaces where women are respected.' The Prime Minister also referred to respect for marriage, stating, '(Barnaby) knows that he let down his wife and daughters and he has apologised for that and to them... Ministers should be very conscious that their spouses and children sacrifice a great deal so they can carry on their political career. Their families deserve honour and respect. Ministers should also recognise that they must lead by example. Values should be lived.'
On February 17, 2018, during an interview on 60 Minutes, the Prime Minister, Malcolm Turnbull, indicated that he had imposed the ban because he believed it was in accord with community values. He stated, 'I certainly felt that the values I expressed and the action I took would have the overwhelming endorsement of Australians.'
A Newspoll released on February 18, 2018, revealed the extent of public disapproval of affairs between ministers and their staffers. The poll of 1632 voters taken between February 15 and 18 found Mr Joyce had lost the confidence of the majority of Australian voters, with 65 per cent believing he should quit as Nationals leader. Only 23 per cent backed Mr Joyce to remain in the job.
Twenty-nine per cent of voters polled believe Barnaby Joyce England should step down as leader of the Nationals but still remain in parliament on the backbench, 15 per cent believe he should step down and not recontest the next election, and 21 per cent of voters say Mr Joyce should quit politics immediately.
Referring specifically to popular attitudes to marriage, commentator Miranda Devine noted that the institution enjoys majority public support. In an article published in The Advertiser on February 21, 2018, Devine stated, 'Most married people in Australia treat their vows seriously and make the effort to resist the temptation of affairs. Most marriages don't end up in divorce in Australia - in fact fewer than one third break down - and most people don't cheat on their spouse... So good on the PM for upholding standards in government that most Australians either live by or at least aspire to.'
3. There is the potential to advance or otherwise favour the staffer involved
Supporters of a ban on sexual relations between ministers and their staffers also argue that this reduces the likelihood of favouritism. There is concern that ministers may seek to advance the careers or otherwise assist members of their staff with whom they are in a sexual relationship.
It has been alleged that this sort of favouritism was displayed with regard to Vikki Campion who began an affair with Barnaby Joyce while she was the minister's media adviser. She was later transferred to two desirable positions in the departments of other ministers. Accusations have been made that Ms Campion was shown favouritism in these transfers, in part due to her special relationship with Mr Joyce.
In an opinion piece written by George Williams, Dean of Law, at the University of New South Wales and published on the University's Newsroom site, Williams states, 'When the government decided to act, it transferred her twice to high-salary positions in other ministerial offices. There was no requirement that these positions be advertised or that she be selected on merit, despite both jobs being paid for by the taxpayer.'
Williams further noted that not only were Campion's original appointments potentially questionable because they may well not have been based on merit, there was also the possibility that even once appointed Ms Campion's work may not have been properly overseen and assessed because of her relationship with the then Deputy Prime Minister, Barnaby Joyce. Williams states, '(Campion) came to work for other members of the government over whom the Deputy PM exerted great power. This no doubt left her new political masters in an awkward position if they felt Campion should be dismissed for poor performance.'
Wendy Tuohy argued in an analysis published in The Herald Sun on February 17, 2018, that such workplace relationships were likely to create workplace disharmony. Tuohy stated, 'Issues may arise if there is any perception of favouritism, or if other staff feel affected by "covert behaviour".'
Tuohy explains some of the strains that may be created as other staff become concerned that an intimate relationship between co-workers is having flow-on effects that alter the workplace. Tuohy notes, 'Di Hallam (Barnaby Joyce's chief of staff) reportedly quit Joyce's office last December to take up a departmental role after seeking to have his now-partner, Vikki Campion, shifted.'
4. Sexual relationships between employers and staff are becoming unacceptable in the corporate and sporting worlds and in other jurisdictions
Supporters of the ban on ministers becoming involved in sexual relationships with their staff argue that the Prime Minister's ban is in step with similar codes of conduct being adopted in the sporting and corporate sectors and a ban recently approved by the United States House of Representatives.
The Prime Minister, Malcolm Turnbull, made passing reference to the standards being applied in other areas of employment when he issued his media release announcing the ministerial ban. Mr Turnbull stated, ' Of course, you know what attitudes in the corporate world and elsewhere are to this kind of thing.'
Wendy Tuohy noted in an analysis published in The Herald Sun, on February 17, 2018, 'High-flying AFL executives Simon Lethlean and Richard Simkiss... were made to walk last year for having extramarital affairs with more junior women in their workplace.'
AFL chief executive Gillon McLachlan announced the departures on July 8, 2017, following an emergency AFL Commission meeting. McLachlan stated there were 'no excuses' for the pair who had 'inappropriate relationships with younger women that work in the AFL industry'.
McLachlan further stated, 'I think we are being clear about what we stand for as an organisation and the two men have taken accountability for their actions in a way that I think is commendable.'
Herald Sun columnist, Tuohy then cited a similar corporate example, 'John Neal, the former CEO of insurance giant, QBE...had his pay docked by a whopping $550,000 in February (2017) for delaying telling the board about his relationship with his personal assistant. He went from the job in December (2017).'
QBE's code of conduct requires executives to inform the board of relationships that could be regarded as posing a conflict of interest. Referring to the deduction made to Neal's remuneration, QBE stated, 'Both parties agree some recent personal decisions by the CEO have been inconsistent with the board's expectations.'
A week before Mr Turnbull's media release announcing changes to the Ministerial Code of Conduct, independent MP Cathy McGowan announced that Australia's federal parliament needed to look to the corporate and sporting world and to the United States for direction in how to manage sexual relations between elected or powerful figures and their staff. She indicated that she might table a private members bill outlining a means of dealing with this issue.
Ms McGowan stated, 'There is a belief the Parliament is behind community expectations and corporate practice...There are examples set by the process undertaken by the United States Congress and in the Australian corporate sector, including the action of the AFL in July last year regarding relationships in the workplace.'
5. Sexual relationships with members of their staff distract ministers from their duties to the electorate and damage their credibility
It has been claimed that engaging in sexual relationships with their staff distracts ministers from performing their professional duties.
Independent MP Cathy McGowan, when calling for a possible ban on sexual relations between parliamentarians and their staff stated, 'The Parliament is a place of work, and good workplace practice includes clear expectations about behaviour.'
Ms McGowan's observation suggests that workplaces where managers are able to conduct affairs with their subordinates are not workplaces conducive to work.
Australian comedian, singer, and radio presenter, Emelia Rusciano, has stressed that what is primarily at issue is whether the turmoil emanating from Barnaby Joyce's private life has allowed him to perform his professional duties properly. Rusciano stated, 'In my opinion, we should be focusing down on Barnaby Joyce's job as a politician and has this affected the way he is governing our country.'
Herald Sun columnist Miranda Devine has detailed the impact that Joyce's affair has had on his Parliamentary and political performance before the affair even became public. In a comment posted on February 11, 2018, Devine stated, 'The betrayal...invariably affects job performance, as it did with Barnaby, who was noticeably out of sorts last year.
It also leads, inevitably, to a breakdown in office relationships and across the party...
In May at the NSW Nationals Conference in Broken Hill, colleagues say he "was a mess"...'
After the affair became public, Devine argues that Joyce's credibility as a social conservative and supporter of traditional family values became suspect which also undermined his political performance.
Devine writes, 'The man in the pub in Inverell who angered Barnaby last year by reportedly saying "Say Hello to your mistress" was just expressing the disdain and disappointment so many people now feel about Barnaby...
He has just added to the soup of disillusionment in politics. And there is a cost for everyone.'
In an analysis published in The Conversation on February 11, 2017, Michelle Grattan similarly considered the impact that an affair with a staffer was having on Barnaby Joyce's political performance. Grattan writes, 'There's criticism of Joyce's recent performance, including his handling of the Nationals' part of the pre-Christmas reshuffle, which saw Victorian MP Darren Chester dumped from cabinet and assistant minister Keith Pitt ending up on the backbench.
There's ruminating about how his new circumstances will play out in the wider Nationals' constituency, which tends to be conservative and family-oriented. Will people have long memories or will they just move on when the fuss dies down?
Perhaps most relevant is whether Joyce will lose his political energy as he deals with new personal circumstances and some loss of respect.'