Ross Vasta (Bonner, Liberal Party) Share this | Hansard source

I present the report of the Standing Committee of Privileges and Members' Interests on its inquiry concerning the former member for Dunkley in the 44th Parliament, possible contempts of the House and appropriate conduct of the member.

Report made a parliamentary paper in accordance with standing order 39(e).

by leave—This report details the committee's consideration of two complaints relating to the now former member of Dunkley in the 44th Parliament, the Hon. Bruce Billson.

The first matter was raised directly with the committee by the member for Isaacs, who wrote to the committee on 15 August 2017 querying whether the former member for Dunkley had acted contrary to the House resolutions on the registration of members' interests, specifically in respect of his association with the Franchise Council of Australia (the FCA) while he was still a member of the House.

The second matter was raised on the same day, in the House, by the Manager of Opposition Business, as a matter of privilege. This matter related to whether the former member for Dunkley, by accepting an appointment as, and acting as, a paid director of the FCA whilst still a member of the House gave rise to any issues constituting a contempt of the House or any issues concerning appropriate conduct in respect of a member's responsibilities.

Following the Speaker's statement in response to the complaint in the next sitting week, the House agreed to a motion moved by the Manager of Opposition Business to refer the matter to the committee.

As the two matters related to the same set of circumstances, the committee considered them together.

The committee received submissions from Mr Bruce Billson and from representatives on his behalf in relation to both matters. The committee received a submission from the FCA in relation to the matter referred by the House. In addition, the committee examined Mr Billson's statement of interests in the 44th Parliament. The committee considered the two complaints on the basis of the submissions it received, and through the framework provided by the Parliamentary Privileges Act 1987 and the resolutions of the House on the registration of members' interests.

In respect of the matter relating to the registration of members' interests, the committee determined that Mr Billson had failed to provide alterations on his statement of interests relating to his engagement as executive chairman and independent director of the FCA, his receipt of payment by the FCA relating to that engagement, and on the separate issue of his receipt of payment for advisory services through Agile Advisory. The committee accepted Mr Billson's comments that he had failed to comply with the resolutions of the House due to error and oversight, and acknowledges Mr Billson's apology to the House.

The committee concluded that, in the circumstances, Mr Billson's failure to comply with the House's requirement did not amount to any intention to interfere improperly with the free exercise of the authority or functions of the House, and therefore do not constitute a contempt under section 4 of the Parliamentary Privileges Act.

In respect of the second matter examined by the committee, the matter of privilege referred by the House, the committee determined that Mr Billson's acceptance of payment for services to represent the interests of the FCA, while a member, was in the nature of an interest where a conflict with a member's public duties could foreseeably arise or be seen to arise. Evidence to the committee from Mr Billson was that his appointment by the FCA had no bearing on the duties that he performed as a member and that his behaviour and position on relevant issues after his appointment did not change. The FCA stated that its motivation in appointing Mr Billson was not to have him use his position as a member of the House, rather it was based on his consistent position of advocacy in relation to relations important to the FCA.

The committee concluded that it did not receive clear evidence that Mr Billson had been improperly influenced in the performance of his duties as a member, nor that the FCA had intended to improperly influence Mr Billson while a member, and therefore no finding of contempt is made against either Mr Billson or the FCA.

Addressing the final aspect of the reference from the House, the appropriateness of Mr Billson's conduct in respect of his responsibilities as a member, the committee concluded that Mr Billson had misunderstood his obligations to the House. The committee's view is that it would have been more appropriate for Mr Billson to wait until he was no longer a member of the House before he accepted paid employment with the FCA, and that his decision to accept the role while still a member falls below the standard expected of a member of this House.

The committee has recommended that Mr Billson be censured for his conduct when he was the member for Dunkley for failing to discharge his obligations as a member in accepting payment for services to represent the interests of an organisation, and for failing to declare his personal and pecuniary interests in respect of this paid employment.

The committee has also recommended that the standing orders be amended to include an express prohibition on a member of this House engaging in services of a lobbying nature for reward or consideration.

The committee would like to take the opportunity afforded by this inquiry to inform members that it is the committee's strong view that it is highly inappropriate for any member of this House to accept an appointment and payment for services to represent the interests of an individual or organisation. The principle that members should base their conduct on is the primary consideration of the public interest, and they must exercise the influence gained from their public office as a member of the House, only to advance the public interest.

I would like to thank the committee members for their careful and considered approach to the conduct of this inquiry. It has raised issues that are vital for the representation of members individually and as part of the institution of parliament. We were fortunate to have on the committee many experienced members with wide-ranging backgrounds, including some former ministers. I must note that we were at all times respectful of each other's opinion and that the committee has worked together, in my opinion, in an exemplary way.

I would like to thank each member of the committee for the way they conducted themselves throughout the inquiry. It was a pleasure to work with you all, and may I pay special attention to the deputy chair, the Hon. Pat Conroy, the member for Shortland, for being an exceptional deputy chair and working so well with me and helping me to compile this inquiry.

It would also be remiss of me not to mention the outstanding job the secretary has done, especially mentioning Ms Claressa Surtees, the Deputy Clerk; Mr Peter Banson; Ms Laura Giles; and Ms Nicola Matthews. Thank you on behalf of the committee members. I commend the report to the House.

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