The other issue is that when it comes to the clause on lobbying for five years, which I'm sure you're familiar with, there's a gaping hole there, too, in terms of who is defined to be a ministerial adviser and will be prohibited from lobbying for five years. The act defines this person as someone,
other than a public servant, who occupies a position in the office of a minister of the Crown or a minister of state and who provides policy, program or financial advice to that person on issues relating to his or her powers, duties and functions as a minister of the Crown or a minister of state, whether or not the advice is provided on a full-time or part-time basis and whether or not the person is entitled to any remuneration or other compensation for the advice.
The larger, less prohibitive definition of “ministerial staff” is “those persons...who work on behalf of a minister of the Crown or a minister of state”.
As the act defines it now, that's up to the minister. He can give a letter, saying this staff member was not part of the senior staff providing advice. So basically we are not getting any further ahead. One person might be the actual person who was giving the advice, compared with the person who was just there. And once the minister issues that letter, the latter staff member can go back to his lobbying team.