Mr Tony Burke (Watson, Australian Labor Party, Shadow Minister for Finance) Share this | Link to this | Hansard source

Mr Speaker, I wish to raise a matter of privilege under standing order 51. Under the standing orders, as you are aware, I have to fully set out the case, so l will do so as quickly as I can, but there is a bit of detail to it.

Some of the circumstances I'm about to raise first came to my attention as a result of media reporting on 8 August 2017. However, many of the most concerning circumstances and material have not been reported in the media. I'm raising this matter at the earliest opportunity at which the House could be provided with as many of the relevant materials and circumstances as possible to ensure a full and proper consideration of this matter.

It is reported that on 9 March 2016 the former member for Dunkley, Mr Bruce Billson, was appointed as a director of the lobby group the Franchise Council of Australia. It is also reported Mr Billson began receiving a salary of $75,000 per year in respect of that position. These circumstances occurred while Mr Billson was a member of this House, and raise a number of concerns, including, but not limited to, whether his conduct as a member of the House both in and outside of the chamber was influenced by the payments he received from the Franchise Council of Australia, including whether any contributions he made in debates in the House may have matched public positions held by the Franchise Council of Australia; whether Mr Billson advocated for, or sought to advance, the interests of the Franchise Council of Australia while a member of the House, owing to the payments he received from the Franchise Council of Australia; whether Mr Billson sought to influence the conduct of other members or ministers to benefit the Franchise Council of Australia, owing to the payments he received from this lobby group; and whether the Franchise Council of Australia, through its payments, sought to influence Mr Billson in his conduct as a member of the House both in and outside of the chamber.

I note that some of the contributions made by Mr Billson to debate in the House after he was appointed as a director of the Franchise Council of Australia appear to reflect public positions held by that lobby group, including through its membership of the coalition for change group. On 16 March 2016, the Prime Minister, the Treasurer and the then Assistant Treasurer announced that the government would amend section 46 of the Competition and Consumer Act—that is, the so-called misuse of market power provision. On the same day that the government announced its amendment to section 46 of the Competition and Consumer Act, Mr Billson gave a speech in the House welcoming that amendment. I will not read his contribution to the House, but I have highlighted the relevant passage, and I will table the material. The next day, on 17 March, he made a speech in the House during which he again welcomed the amendment to section 46 of the Competition and Consumer Act. Again I will table the relevant reference.

These statements by Mr Billson appear to reflect the previously stated public position of the Coalition for Change group in its media release dated 14 October 2015. That media release advocated for the amendment which the government announced to section 46 of the Competition and Consumer Act on 16 March 2016. During his speech on 16 March, he also stated that the amendment to section 46 is 'another instalment showing how only the coalition can put the policies in place to energise enterprise'. The following day, he stated:

Whatever happens in my time, I hope in this parliament we never pass a day without respecting and celebrating those enterprising men and women—or, as I say, doing all we can to energise enterprise.

On 21 March 2016 he tweeted a photo of himself and others standing in front of a Franchise Council of Australia sign using that same term, 'energise enterprise', and he stated: 'Great to be at'—the Twitter handle for the Franchise Council—'lunch briefing. New unfair contract terms by @HallandWilcox#energise-enterprise.' Clearly, after being appointed as a director of the Franchise Council of Australia and while still a member of the House, Mr Billson not only attended a Franchise Council of Australia event but also sought to publicise the lobby group to which he had been appointed. It is not clear whether he attended that event in his capacity as a director of the Franchise Council or as a member of this House, or both. During his speech on 17 March he stated:

It seems to be me versus some of the biggest businesses in the country … There were the franchising reforms … the Small Business and Family Enterprise Ombudsman … All of this meant, as I said in my National Press Club speech, that small business is the new black. Everyone wants to wear it and be a part of it and get engaged.

His support for the Small Business and Family Enterprise Ombudsman appears to reflect the previously stated public position of the Franchise Council of Australia in its submission dated 9 April 2015.

However, that's not the end of it. On 4 May 2016 the Franchise Council issued a media release about the 2016 federal budget. Most concerning, in fact brazen, is that the media release contains lengthy quotes from Mr Billson, not as a member of this House but as the 'Franchise Council of Australia executive chairman'. While Mr Billson was a member of parliament, on a day that parliament was sitting he issued public comments to the media, not as a member of parliament but as the executive chairman of a lobby group, the Franchise Council of Australia—all while reportedly being paid a substantial sum by that lobby group to do so.

I find it extraordinary that Mr Billson was reportedly being secretly paid an annual salary of $75,000 to make public comments as the head of a lobby group while he was still a member of parliament. He is quoted in that Franchise Council of Australia media release, as its executive chairman, as supporting specific measures in the Commonwealth budget. Again I will table the relevant media release. This was not the first time that he made public comments, reportedly as the paid head of this lobby group, while still a member of parliament. Media releases from the Franchise Council of Australia dated 23 March and 8 April 2016 also include public comments from Mr Billson as the chairman of the Franchise Council of Australia. There is still more. An online report from the Sydney Morning Herald posted first on 9 August this year states:

MPs from both sides of politics said Mr Billson had been extremely active in lobbying them on franchising issues—which he was also involved in as small business minister—since he took on the role.

As Mr Billson was reportedly appointed to this role on 9 March 2016, this raises a serious prospect that from that date, and still a member of parliament, he sought to influence other members of parliament to advance the interests of the Franchise Council of Australia.

These matters raise serious concerns about the motivation for every action Mr Billson took as a member of parliament while he was reportedly being secretly paid by the Franchise Council of Australia. I also note that, contrary to the House resolution on the registration of members' interests, it is reported that Mr Billson failed to declare both his new position and the income he received in respect of this employment. It is not clear whether this apparent non-disclosure was knowing or unknowing. In relation to this matter, I understand the shadow Attorney-General has, in accordance with practice, written directly to the Committee of Privileges and Members' Interests.

Mr Speaker, to assist you in considering this matter I provide you with a number of documents. In doing so, I ask you to consider giving precedence to a motion to refer to the Committee of Privileges and Members' Interests whether Mr Billson's conduct in accepting an appointment as and acting as a paid director at the Franchise Council of Australia while still a member of the House amounts to corruption in the execution of his office as a member of this House such as to constitute a contempt of the House; whether Mr Billson's conduct amounts to lobbying for reward or consideration such as to constitute a contempt of the House; and whether the Franchise Council of Australia or any of its staff or directors has, by appointing and paying Mr Billson as a director of that lobby group while he was still a member of the House, sought to bribe or has bribed a member of the House such as to constitute a contempt of the House.

It's of the utmost importance that the Australian people can have full confidence that the people they elect to represent them in this parliament act in the public interest instead of being influenced by or seeking to influence others for private financial gain. I thank you for your consideration of this grave matter and I table the relevant material.

Tony Smith (Speaker) Share this | Link to this | Hansard source

I thank the Manager of Opposition Business and I will consider his statement and the tabled material in the usual way. Because it was a very lengthy one with lots of detail, I'll report back to the House as soon as possible, but I will do so after fully considering all the material. So it mightn't be as soon as is normally the case, but it'll only be because I'm considering what he's put forward very thoroughly.