MWM has obtained the Pezzullo Inquiry report after a long FOI fight. It documents a litany of transgressions and allegations. Rex Patrick with the details (part 2).
It’s taken 18 months to extract the report from the Government. Proceedings are still underway to have some of the redactions lifted.
In this expose, we now provide details of two of the seven allegations made against Mr Pezzullo, including the analysis of the evidence, the findings of facts, and the ultimate determination of the allegations.
The mandarin who got caught. Mike Pezzullo inquiry details revealed
“Building a meritocracy”
Mr Pezzullo was alleged to have used his duty, power, status or authority to seek to gain a benefit or advantage for himself by
A) seeking to influence or interfere in the appointment of individuals to Ministerial appointments, to suit his own personal interests as Secretary of the Department of Home Affairs,
B) soliciting information about the dealings Mr Briggs has had with any Minister or a Minister’s member of staff, to advance his interests as Secretary of the Department of Home Affairs, and
C) seeking to influence the structure of the APS by communicating his personal views on machinery of government changes with a view to those views being expressed to Ministers outside the usual departmental or Ministerial processes.
The thrust of this allegation is that Mr Pezzullo sought to wield Mr Briggs’s political connections as a means to influence decisions made by prime ministers in relation to Mr Pezzullo’s career, the structure of the APS, and ministerial appointments to his department.
One of the messages sent to Mr Briggs in November 2017 read, “Parliamentary route is now contaminated with few exceptions. We need to build a meritocracy by stealth and
run government from the bureaucracy, working to 4-5 powerful and capable Ministers.
He had earlier in July 2017 joked about him possibly being given the Defence and Home Affairs departments at the same time. In 2018, he argued for fewer, bigger departments.
Lynelle Briggs wrote:
“Even though Mr Pezzullo evidently understands the concept of Ministerial accountability, I doubt that any reasonable person would consider that to ‘build a meritocracy by stealth and run government from the bureaucracy’ is appropriate for a Secretary to argue in our system of democratic government, nor consistent with usual public service accountability arrangements.”
Much of the remaining analysis is redacted (redactions that remain under challenge), but Lynelle Briggs concludes her analysis by saying:
“Even though I am prepared to accept that public servants at this level necessarily engage with stakeholders and discuss matters of public policy and delivery import as a part of their usual duties, I do not accept that this was a “business as usual” arrangement. It was indiscreet and it was ill-advised.”
Guilty as charged!
The report found that the allegations outlined above were substantiated, partly on the basis:
“Mr Pezzullo acknowledges he used his relationship with Mr Briggs, and Mr Briggs’s political connections to two Prime Ministers, as a means of communicating his views on machinery of government and Ministerial appointments to two Prime Ministers and also acknowledged that his communications with Mr Briggs also placed him in a position to solicit information about the views of the Executive Government on matters pertaining to his portfolio as Secretary of the Department of Home Affairs, again through unofficial lines.”
Lynelle Briggs found that Mr Pezzullo’s conduct fell below the standards of due care and diligence expected of APS employees, avoided the disclosure of conflicts of interest and improperly used inside information or the employee’s duties, status, power or authority to gain, or seek to gain a benefit or advantage for the employee or any other person; or, conversely, a disadvantage for another person.
Engaging in gossip
The second of the allegations was that Mr Pezzullo engaged in gossip and disrespectful critique of ministers and public servants, that:
A) were disparaging of APS and other government personnel, including views they may have expressed and/or their competence in their role;
B) were disparaging of, and otherwise passed judgment on decisions made by Ministers and/or the Attorney General; and
C) otherwise failed to demonstrate the levels of professionalism, courtesy and integrity expected of senior public officials by government and members of the public.
In particular, these allegations related to the manner in which Mr Pezzullo has spoken about Ministers and public servants in the course of his exchanges with Mr Briggs, and against the background of Mr Briggs being a known associate of senior Ministers and the Liberal Party generally.
Mr Pezzullo had a lot to say about some Ministers and some senior public servants, suggesting to Mr Briggs that the Prime Minister “change out the leadership”. He criticised the Secretary and Ministers of the Attorney-General’s Department and the Department of Foreign Affairs and Trade among others; “Don’t trust anything served up by AGD – I don’t.”
Of the Secretary of Prime Minister and Cabinet, Mr Parkinson, Pezzullo described him as “isn’t up to it”, inept and incompetent, “insecure”, “befuddled”, lacking in “vitality” and “missing in action”. The following extract from the report is one example:
“[Mr Pezzullo] Offers himself as an alternative Secretary to Prime Minister and Cabinet: ‘I might well be in PM&C which I would reluctantly have to accept’ and ‘[i]f he gets stuck regarding the PM&C job and he wants a driver in there, I would do it for him. It’s not a job that I’ve ever been interested in but if he needs a finisher in there I would of course answer the call. But only if he gets stuck!’”
A number of those messages associated with this allegation were discussed with Mr Pezzullo at length, and although Mr Pezzullo provided comprehensive and cogent responses to the concerns raised, these allegations were substantiated.
Disrespectful behaviour
Lynelle Briggs expressed the view in her findings that relationships are the glue that holds us all together, and the public service is no exception. The APS Act makes it abundantly clear through the APS Values that public servants are to work cooperatively and respect all people, and through the Code that public servants should behave with honesty and integrity, act with care and diligence, and treat everyone with respect in connection with their employment.
She wrote:
“As Secretary, Mr Pezzullo should have kept his views on Ministers to himself and left the pursuit of his views on machinery of government arrangements to the usual interdepartmental processes where Secretaries provide views directly to their current Ministers and the Secretary of the Department of the Prime Minister and Cabinet, who provides advice, if requested by the Prime Minister.
“Through his conduct, Mr Pezzullo failed to act with respect and courtesy to Ministers and Secretaries when he criticised them in a way that was likely or intended to be passed on to Prime Ministers. In so doing, he has also failed to comply with his responsibilities to uphold the APS Values and the good reputation of the APS.”
Lynelle Briggs determined that Secretary, Mr Pezzullo would be conscious that any utterances by him, privately or publicly, hold considerable weight and were likely to have undermined the positions of those concerned if reported on to Prime Ministers, as the reported messages confirm they were, or if spread more widely as occurred as a result of the publishing of the messages.
Lynelle Briggs was satisfied that the second allegation was established, and that a breach of the Code arises by reason of the conduct.