PARLIAMENTARY COMMITTEES,PUBLIC SERVANTS AND DUE PROCESS

Abstract: The parliamentary system of government in its Australian form has a number of unresolved problems, notwithstanding its many virtues. One such problem is that of the role of public servants when called before parliamentary committees as witnesses. The current guidelines are mainly advice to public servants as to how they should avoid or defer questions which neither the minister nor the departmental secretary has authorised them to answer. Of course, this is useful and proper within its limits. However, it fails to address many of the dilemmas and career-threatening choices which can face public servants who find themselves being questioned in an aggressive, hostile manner by members of a parliamentary committee. Unfair treatment of witnesses is not a trivial matter and there are more than isolated instances. This article deals with an episode involving the Joint Parliamentary Committee of Public Accounts in 1982. The case is now some years in the past, but it is still worth examining for what it teaches about gaps in our constitutional conventions. At the end of the article we suggest action in four areas. Intensive training and retraining is needed, first in the upper ranks of the public service, and secondly for chairpersons and members of parliamentary committees. Thirdly there is a need for MAB-MIAC to revisit yet again their guidelines on accountability and to instigate a review of the government's guidelines for public servants appearing as witnesses. Both sets of guidelines are anachronisms. Finally, we suggest that, in any future review of government policy in this area, consideration be given to the amendment of relevant legislation to bring due process and the protection of witnesses more closely into line with the rights available to persons appearing before a court.     

THE ROLE OF INFORMATION TECHNOLOGY IN REGULATORY REFORM: THE CASE OF ELS

Abstract: The effects of the Electronic Lodgment Service on relations between tax agents and the Australian Taxation Office provide evidence for both the value and limitations of integrating information technology innovation with regulatory reform strategy. IT innovations such as ELS can promote cooperative regulation. The limitations of this achievement are largely limitations of regulatory context and strategy.     

Government policy and citizen passion: A study of issue publics in contemporary America

This article describes the findings of a program of research exploring the cognitive and behavioral consequences of passionate concern about government policy issues. American citizens vary a great deal in terms of the personal importance they attach to their attitudes on particular policy issues. Citizens whose policy attitudes are especially important to them are likely to think frequently about those attitudes, to perceive competing candidates as being relatively polarized on the issue, and to form presidential candidate preferences on the basis of those attitudes. Also, policy attitudes that citizens consider personally important are highly resistant to change and are therefore especially stable over long periods of time. The American public appears to be structured into many small issue publics, each composed of citizens who are passionately concerned about a single issue. Most Americans fall into very few issue publics, the particular ones being determined by each individual's unique self-interests, social identifications, and cherished values. The implications of these findings for the workings of democracies are discussed.     

Diversity in the American States: Updating the Sullivan Index

The index of socioeconomic and cultural diversity among theAmerican states formulated by John L. Sullivan for 1960 is recreatedfor 1980. Comparisons are made between the index for the twotime periods, and changes among the states are examined overtime. Significant differences continue to exist between northernand southern states, mainly because of cultural rather thansocioeconomic factors. The diversity index remains a relativelypowerful predictor of policy variation among the states and,as such, might be considered as a substitute for geographicregion in comparative state policy research.     

Books in review

A former editor of theAmerican Historical Review, he has written extensively on the history of modern Great Britain and more recently has published essays on the nature of the contemporary urban university.     

Third party voting and the rational voter model: Empirical evidence from recent presidential elections

This paper attempted to demonstrate that a rational voter model as derived by Barzel and Silberberg (1973) can be used (with modifications) to explain third party voting in presidential elections. The empirical findings strongly suggest that the rational voter model is applicable in explaining third party voting. This conclusion likewise suggests that people who vote for third parties do so under similar motivations as people who vote for the major parties. Thus, people do not appear to regard votes for third parties as wasted votes or engage in the voting process in an irrational fashion. Lastly, votes for third parties represent the transmission of individual preferences by people who believe that their vote is important and that in the aggregate their signal may be interpreted as a signal to alter the direction of current policies as run by the major parties. Therefore, it does not appear from the evidence presented here that we should distinguish between or treat differently voting participation for the major parties versus the minor or third parties in presidential elections.The author expresses appreciation to Charles Campbell, Gary Pecquet, Paul W. Grimes, and James E. McClure for comments and criticisms. The usual caveat applies.