House debates

Monday, 31 May 2010

Privilege

3:39 pm

Photo of Anthony AlbaneseAnthony Albanese (Grayndler, Australian Labor Party, Leader of the House) Share this | Hansard source

Mr Speaker, I wish to raise with you a matter of privilege, of which I notified you earlier. On 27 May 2010, the Australian reported that the member for Ryan made a complaint to the Australian Federal Police about a ‘senior LNP official’s improper attempts and undue influence to pressure and intimidate’ him to resign from parliament. I table the article, entitled ‘Expelled Lib faces tax office grilling’. Comments attributed to the member for Ryan later identified this senior official to be LNP president Bruce McIver. I table the article from the Courier-Mail of 29 May entitled ‘Libs told to rein in bullies’.

Intimidation of a member may constitute a breach of parliamentary privilege and contempt against the House, as outlined in chapter 19 of House of Representatives Practice at page 731. It may also contravene the Parliamentary Privileges Act 1987, which at section 4 provides that conduct may constitute an offence against the House if:

… it amounts, or is intended … to amount, to an improper interference … with the free performance by a member of the member’s duties as a member.

Attempting to intimidate an individual into resigning from parliament or refraining from nominating as a candidate for election could also constitute a criminal offence under the Commonwealth Electoral Act 1918. Section 327(1) provides:

A person shall not hinder or interfere with the free exercise or performance, by any other person, of any political right … that is relevant to an election …

In summary, the comments that have been attributed to the member for Ryan allege that the president of the Liberal National Party attempted to criminally intimidate him into resigning from the House of Representatives. If true, this may constitute a breach of parliamentary privilege, a contempt against the House and an offence under the Parliamentary Privileges Act. It may also constitute a criminal offence under the Commonwealth Electoral Act.

These matters would seem relevant to the jurisdiction of the Privileges Committee and may constitute reasonable grounds for a referral. Mr Speaker, I ask that you consider the matters I have raised with a view to allowing precedence to a motion on these matters and indicate to you that, as a matter of courtesy, I had a discussion with the member for Ryan earlier today to confirm these matters.

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