Clean Government Act, 1750

Clean Government Act, 1750

Long title	An Act to establish comprehensive anti-corruption measures, ensure transparency in government operations, create merit-based appointment systems, strengthen ethics oversight, and prevent conflicts of interest in public service, and for other purposes.
Introduced by	Deputy Elena Svensson, Coordinator of the Civic Governance Alliance, Deputy from North Lyrica
Session of Cortes Federales	12th Cortes Federales
Extent	Federation of Nouvelle Alexandrie
Dates
Bill Status	Lapsed at dissolution (IX.1754 AN)
Date introduced	15.I.1750 AN
Last updated	IX.1754 AN
Other legislation
Amendments	None
Related legislation	Government Formation and Coalition Act, 1694 Ethics in Government Act, 1718 Royal Peer Selection Committee Act, 1721 Clean Government and Political Reform Act, 1754 Clean Government and Elections Act, 1760

The Clean Government Act, 1750 was an anti-corruption bill introduced in the Federal Assembly of Nouvelle Alexandrie on 15.I.1750 AN, the opening day of the 12th Cortes Federales, by the Civic Governance Alliance (CGA). The first private member's bill of the 12th Cortes, it proposed an independent Federal Anti-Corruption Commission together with transparency and ethics measures. The bill never reached a vote and lapsed at the dissolution of the 12th Cortes in IX.1754 AN. The CGA reintroduced it in an expanded form as the Clean Government and Political Reform Act, 1754, which the Federal Assembly rejected in 1755 AN.

Background

The legislation was drafted following the Pact of Shadows scandal, which exposed plans by opposition leaders to pre-assign government positions and seek immunity from prosecution during coalition negotiations after the 1749 general election. The bill's 16 co-sponsors were the entire founding membership of the CGA, a cross-party group of deputies, most of whom had left their parties over the corruption revelations. It would have applied to all federal officials and required regional governments to implement equivalent measures within one year of enactment.

Key provisions

The bill's central measure was an independent Federal Anti-Corruption Commission with prosecutorial authority. Alongside it the bill set broad disclosure rules and provided for merit-based public appointments, stronger ethics oversight, rules on conflicts of interest, and higher penalties for corruption offenses.

Legislative history

Legislative history of the Clean Government Act, 1750

Stage	Date	Chamber	Action	Votes (Y-N-A)	Details
1	15.I.1750 AN	Federal Assembly	Introduction	-	Tabled by Deputy Elena Svensson (CGA) with the CGA's 16 founding deputies as co-sponsors
2	1750 AN to 1754 AN	Federal Assembly	Under review	-	Did not reach the floor
3	IX.1754 AN	Federal Assembly	Lapsed	-	Lapsed at the dissolution of the 12th Cortes Federales

The bill was introduced the day after the CGA entered government in coalition with the Federal Humanist Party, and it did not reach the floor during the 12th Cortes. In IV.1753 AN government sources said that the bill was under review, while CGA deputies said privately that the Federal Humanists had slowed it; each side disputed the other's account. In the first leaders' debate of the 1754 AN campaign Svensson summed up its history as "Four years, two Cortes sessions, zero floor votes", the line from the debate most shared on social media.

Bill as submitted to the Hopper of the Federal Assembly, 1750 AN

Clean Government Act, 1750

THE READING OF
A
BILL
TO
establish comprehensive anti-corruption measures, ensure transparency in government operations, create merit-based appointment systems, strengthen ethics oversight, and prevent conflicts of interest in public service; among other purposes.

Clean Government Act, 1750

Presented by Deputy Elena Svensson (CGA)
Ordered, by the Cortes Federales of Nouvelle Alexandrie,
to be Printed, 15.I.1750 AN.

BE IT ENACTED by the King's Most Excellent Majesty, by and with the advice and consent of the Cortes Federales, in this present session assembled, and by the authority of the same, as follows:-

PART I
GENERAL PROVISIONS

Article 1: Citation.

1. This Act may be cited as the "Clean Government Act, 1750".

Article 2: Definitions.

1. For the purposes of this Act:
   1. "the Commission" means the Federal Anti-Corruption Commission established under Article 4;
   2. "Commissioner" means a member of the Commission appointed under Article 5;
   3. "political party" means a party registered with the Federal Elections Commission;
   4. "public official" means a Deputy, a member of the Chamber of Peers, a member of the Council of State, or a person who holds an office or employment under the Federation.

Article 3: Purpose.

1. The purposes of this Act are:
   1. to establish an independent body to investigate and prosecute corruption by public officials; and
   2. to require that public appointments be made on merit and that public officials avoid conflicts of interest.

PART II
THE FEDERAL ANTI-CORRUPTION COMMISSION

Article 4: Establishment and independence.

1. There is established a Federal Anti-Corruption Commission.
2. The Commission is independent of the Council of State.
3. The Commission and each Commissioner must not seek or take instructions from any member of the Council of State in the exercise of a function under this Act.

Article 5: Commissioners.

1. The Commission consists of a Chief Commissioner and four other Commissioners.
2. The King must appoint each Commissioner on a resolution of the Federal Assembly.
3. A Commissioner holds office for six years and is not eligible for reappointment.
4. An officer of a political party or a public official must not be appointed as a Commissioner.
5. A Commissioner may be removed from office only on a resolution of the Federal Assembly.

Article 6: Functions.

1. The Commission must:
   1. investigate any allegation that a public official has committed an offense under the Comprehensive Anti-Corruption Act, 1721;
   2. investigate any allegation that a person has committed an offense under Part III;
   3. oversee the rules of ethics and of conflicts of interest that apply to public officials;
   4. monitor the transparency of the operations of the federal government; and
   5. review appointments to public office for compliance with Article 9.

Article 7: Prosecutorial authority.

1. The Commission may institute and conduct proceedings for any offense that it has investigated under Article 6.

Article 8: Powers of investigation.

1. The Commission may require any person to produce a document or to attend and give evidence for the purposes of an investigation under Article 6.
2. A person must not obstruct the Commission in the exercise of a power under this Article.

Article 9: Public appointments and conflicts of interest.

1. A person who appoints another person to an office or employment under the Federation must make the appointment on merit.
2. A public official must declare to the Commission any personal financial interest that relates to a decision in which the official takes part.
3. A public official must not take part in a decision in which the official has a personal financial interest.

Article 10: Reports.

1. The Commission must report to the Cortes Federales each year on the exercise of its functions.
2. The Commission must publish each report.

PART III
OFFENSES

Article 11: Offenses.

1. A person who contravenes Article 8(2) or Article 9 commits an offense.
2. A person who commits an offense under this Article is liable on conviction to the penalties that the Comprehensive Anti-Corruption Act, 1721 prescribes for an offense of corruption.
3. A court that sentences a public official for an offense under the Comprehensive Anti-Corruption Act, 1721 must treat the official's office as an aggravating factor.

PART IV
CLOSING PROVISIONS

Article 12: Relationship to other Acts.

1. Nothing in this Act limits the functions of the Anti-Corruption Agency or of the Ombudsman.

Article 13: Regional measures.

1. Each Region must adopt measures equivalent to Part II within one year of the enactment of this Act.

Article 14: Commencement and application.

1. This Act applies to all of the Federation of Nouvelle Alexandrie.
2. This Act does not become law unless it has been given Royal Assent by H.M. King Sinchi Roca II.
3. This Act must be published in the Federal Gazette and made publicly available within seven (7) days of Royal Assent.
4. This Act comes into force on the first day of the month after the month in which it receives Royal Assent.
5. In the event any provision or part of this Act is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Act, is inoperative.

Amendments

No amendments were made to the bill.

Voting record

No division was held on the bill.

Legacy

After the 1754 general election the CGA made a floor vote on a clean government bill its condition for renewing the coalition, and the bill was to be expanded into an anti-corruption omnibus. When the talks failed, the CGA finalized that omnibus in XV.1754 AN as the Clean Government and Political Reform Act, 1754. In the confidence debate that opened the 13th Cortes, the CGA's floor leader, Tomás Iñiguez, said the original bill had been "stalled for four years by the previous Government as the price of our coalition". He introduced the new bill on 18.I.1755 AN, and the Federal Assembly rejected it on 11.VI.1755 AN. The party-finance reform the CGA had sought was enacted, without a new commission, in the Clean Government and Elections Act, 1760.

See also

• Clean Government and Political Reform Act, 1754
• Clean Government and Elections Act, 1760
• Civic Governance Alliance