The release of the ACT Integrity Commission's Operation Kingfisher report has brought truth to a dark chapter in territory politics. After a five-year investigation, the findings prompted Yvette Berry to stand down as deputy chief minister. While the report explicitly cleared Ms Berry of any corrupt behaviour, the details of what occurred within her office demand more in terms of ministerial accountability.
The commission found two senior officials - Ms Berry's former chief of staff and the former head of the Education Directorate - acted corruptly to manipulate a lucrative government contract. They steered the Campbell Primary School upgrade to a bidder favoured by the Construction, Forestry and Maritime Employees Union. Lendlease was awarded the contract even though another tenderer, Manteena, offered a better result for less money.
This scandal highlights the undeniably close links between the ACT Labor Party and the local branch of the CFMEU. There appear to be similarities to deeply troubling allegations in Victoria with claims CFMEU involvement in major government projects has reportedly cost taxpayers hundreds of millions of dollars.
Given the blatant manipulation exposed by the Integrity Commission, many argue there is now good cause to re-examine other major contract allocations in the territory. Canberrans have every right to question whether other procurement processes were interfered with to benefit unions and union-aligned companies at the expense of the taxpayer.
The fundamental question now is whether Ms Berry's decision to step down from cabinet is sufficient consequence. Resigning her ministry will cost her a loading of about $158,000 a year, taking her back to a backbench salary of just under $200,000. It's fair to say many ACT taxpayers will find this soft landing hard to swallow.
For a scandal of this magnitude, retaining a highly paid parliamentary seat looks less like taking full responsibility and more like lying low until the fuss dies down.
While it must be stressed that Ms Berry has not been found guilty of corruption, the fact such egregious misconduct occurred right under her nose shows either a very high level of negligence or incompetence, or both.
The result is the same in either case. Taxpayers are out of pocket, and Canberrans have yet again been badly let down by a government that has grown far too comfortable in power. The Barr administration only rarely takes genuine accountability, and when it is forced to act it delivers the absolute minimum required.
It beggars belief that Ms Berry could consider, or be considered for, future leadership of this government. Given that, she will surely just be holding a seat that might otherwise go to a future leader - and heaven knows how precious such talent is within the Assembly.
It therefore appears the strongest reason for Ms Berry to remain as an MLA has nothing to do with democratic principles or the good of the electorate. Under the territory's electoral rules, if she leaves a countback would be triggered rather than a byelection.
Her vacant seat would likely go to a candidate not aligned with the established Labor factions. That would deny the Left faction a number in the Assembly, diminishing its influence in caucus.
But clinging on to a precious seat in a single-chamber parliament for the benefit of a Labor faction under these circumstances is an insult to voters. Ms Berry should go, if not to demonstrate contrition and acknowledge the severity of this institutional failure, then to at least help party renewal.
If the only reason to stay is to make up the numbers, Ms Berry should do the right thing and resign from the Assembly.
