Harry Jenkins (Speaker) Share this | Link to this | Hansard source

Yesterday I indicated that I would advise the House of any appropriate course of action in relation to the use of photographs taken by the member for Dawson. I believe my powers in relation to this matter are limited. Notwithstanding this, after consultation with the Clerk, at my request the Serjeant-at-Arms investigated the matter.

Following the investigation, in relation to the question of whether the member for Dawson interfered with security matters in the authorised assembly area, the matter most directly in my area of responsibility, I have concluded his actions did not cause interference. In relation to all other questions raised, I have concluded that the actions may have been insensitive and inappropriate, as described by the member for Dawson himself. I do not recommend any further action.

Yesterday, I said that the incident was another reminder of the desirability of consideration of a code of conduct for members. I note that the Committee of Privileges and Members’ Interests has informed the House that it proposes to review the question of a members code of conduct and to report back to the House. In the context of this review, I will refer this incident to the committee as an example of an incident of concern.

Joe Hockey (North Sydney, Liberal Party, Manager of Opposition Business in the House) Share this | Link to this | Hansard source

Mr Speaker, given the hour and given the fact that we have only just been advised of your deliberations, I would ask that you give us the opportunity overnight to consider your deliberations with a view that we may well recommend to the House that the matter be referred to the Privileges Committee for further investigation. I know that it should be done at the earliest opportunity but in order to be fair to the respective parties that have an interest in this, and given that it is now five past 11 at night, I would respectfully request that you give us that opportunity when we meet again tomorrow morning.

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

I believe that in the circumstances it would probably suit the convenience of the House if I allowed that course of action because the upshot of my statement is that the matter resides in the lap of the House.

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

Mr Speaker, I certainly respect your ruling. I think the member for North Sydney has put forward a reasonable proposition, that it be considered overnight, and you have agreed to grant them that. However, might I put on the record that my initial response as the Leader of the House is that you have dealt with this issue expeditiously and in a manner which is in accordance with your duties as the Speaker and is appropriate.

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

As I understand it, it now suits the House that I suspend the sitting until 9 am tomorrow.

Friday, 5 December 2008

Joe Hockey (North Sydney, Liberal Party, Manager of Opposition Business in the House) Share this | Link to this | Hansard source

On indulgence, Mr Speaker: last night you reported back to the chamber on the behaviour of the member for Dawson outside of this place earlier in the week. The opposition has reflected on your words and considered them carefully. In the first place, in a more general area, you suggested that there should be consideration in this chamber about a code of conduct. Let me say this: whilst we would be interested to see where your suggestion heads, neither a code of conduct nor any legislation can prevent someone from acting stupidly. No code of conduct can prevent bad behaviour or irresponsible behaviour. I am satisfied that people on both sides of this House found the actions of the member for Dawson repugnant. I accept the apology from the member for Dawson but it does not matter that I or any other member of this chamber accepts it; ultimately it is the victim and his family who are the ones to accept it, because they are the people who have been most hurt by the taking and the sale of the photos. That is all that matters. In that regard, we are prepared to leave the matter where it stands.

The second matter is in relation to the member for Dawson’s statement that the photo was sold for a donation. Whilst we have received conflicting reports about the statement that there was no attempt to gain personally from the sale of the photo, we have to take the member for Dawson at his word that it was all about a donation. If any evidence arises that the member for Dawson sought personal gain as a result of the sale of the photo rather than the money going to charity, we will revisit the matter at the earliest possible opportunity.

Finally, I say this: in New South Wales yesterday the state Labor government referred a matter to the Legislative Council Privileges Committee in relation to Andrew Fraser. That may well have been an appropriate referral; I do not know. Whilst in this chamber from time to time there have been referrals to the Privileges Committee—and I, in one sense, share your exasperation at the fact that we need to have a safety valve for the reputation of the chamber and individual members of parliament, and the Privileges Committee has from time to time been that safety valve—ultimately we are all responsible for our own actions and, at the end of the day, the people we represent form a judgement about us. That is why I and others are reluctant to head down the path of codes of conduct or behaviour, because we will all be judged on how we treat each other and the people that we represent in this place. We are not seeking to gain any advantage out of this. It is a very, very sad incident, incredibly distressing for all of those involved, and the matter stands where you have laid it.