Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

I seek leave to move a motion relating to the censure of the Minister for Finance as circulated in the chamber:

That the Senate—

  (a) notes:

     (i) that the Albanese Government promised before the last election, and on numerous occasions since, that it would display a new era of integrity and transparency, and

     (ii) ministerial accountability to this Chamber is a cornerstone of our Parliamentary process and an essential responsibility of all Ministers of the Crown; and

  (b) censures the Minister for Finance for:

     (i) stating at Senate Estimates on 4 June 2021 that "no one had any knowledge" of an alleged sexual assault in Parliament House before those allegations became public on 15 February 2021.

     (ii) subsequently telling the Senate on 13 June 2023 that "I was provided with information in the days before the allegations were first reported."

     (iii) continually refusing to acknowledge this blatant and wilful act of misleading the Senate.

     (iv) failing to take responsibility for misleading the Senate by appropriately apologising and correcting the record.

Leave not granted.

Pursuant to contingent notice of motion standing in my name, I move:

That so much of the standing orders be suspended as would prevent me from moving a motion to provide for the consideration of a matter, namely, a motion to give precedence to a motion of censure of the Minister for Finance, Senator Gallagher.

The facts are clear, Senator Gallagher has misled the summit.

Government senators interjecting—

Sue Lines (President) Share this | Link to this | Hansard source

Senator Birmingham, please resume your seat. Order on my right! Senator Birmingham, please continue.

Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

The facts are clear: Senator Gallagher has misled this Senate. Despite being given ample opportunity over the last two weeks to acknowledge that reality and to do the right thing by appropriately apologising and appropriately correcting the record, Senator Gallagher has instead obfuscated, avoided and outright refused to acknowledge that reality.

The facts are very clear. At Senate estimates on 4 June 2021, Senator Gallagher stated that no-one had any knowledge of an alleged sexual assault in Parliament House before those allegations became public on 15 February 2021. That was a statement made in a tone full of indignation. 'How dare you!' Senator Gallagher said at the time she made that statement. Then last week, on 13 June, Senator Gallagher confirmed:

I was provided with information in the days before the allegations were first reported …

That was not, as Senator Gallagher just said then, a 'heads-up'—

Katy Gallagher (ACT, Australian Labor Party, Minister for the Public Service) Share this | Link to this | Hansard source

That's correct.

Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

but 'information'. Having said that no-one had any knowledge, she then acknowledged that, indeed, she had been provided with information. This is an open-and-shut case of misleading this Senate and this parliament. This debate right now, and many of the questions over the last two weeks, could have been avoided had Senator Gallagher simply acknowledged this blatant act of misleading the Senate. It could have been—

Honourable senators interjecting—

Sue Lines (President) Share this | Link to this | Hansard source

Senator Birmingham, please resume your seat. Order in the chamber, particularly on my right! Senator Birmingham, please continue.

Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

It could have been avoided had Senator Gallagher taken responsibility for misleading the Senate by appropriately apologising and correcting the record. Those opposite continue to deny that there was—

Hono urable senators interjecting—

Sue Lines (President) Share this | Link to this | Hansard source

Senator Birmingham, please resume your seat.

Senator Hughes, I have just called the chamber to order. That includes you.

Honourable senators interjecting—

Senator Urquhart! Order across the chamber! Senator Hughes, you are being disorderly and disrespectful.

Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

Don't take my word for the fact that the misleading is there and is clear for all to see; take the analysis that has been repeated time and time again across the press gallery. Last night David Crowe was crowned as the latest press gallery journalist of the year. What has he written? Quote: 'Katy Gallagher misled parliament'. A further quote is 'Gallagher's own words show how she misled a Senate committee in June 2021'. Phillip Coorey, from the Financial Reviewfinance minister Katy Gallagher was exposed 'as misleading parliament'. Indeed, I can quote some of the longest serving journalists who have covered politics in this country. Paul Kelly—quote: 'It is obvious Gallagher misled the parliament.' How about Michelle Grattan, then? Gallagher's claim 'was wrong, and therefore misled parliament'. Journalist after journalist and observer after observer have all come to the same conclusion based on the same facts, and that conclusion is that Senator Gallagher misled this parliament.

Why does this matter? As Senator Gallagher herself said to the Senate, amongst the many hundreds of questions that she sought to ask over this matter—she said to Senator Reynolds: 'You have a responsibility to the Senate.' Senator Gallagher, you too have a responsibility to the Senate, and what is that responsibility—

Honourable senators interjecting—

The:

Order! I am not going to constantly interrupt senators on their feet to call the chamber to order. Senator Birmingham, I also remind you to make your remarks to the chair.

Simon Birmingham (SA, Liberal Party, Shadow Minister for Foreign Affairs) Share this | Link to this | Hansard source

What is that responsibility to the Senate? It is, as the Prime Minister's Code of Conduct for Ministers says at section 4.1, to 'take all reasonable steps to ensure that they do not mislead the public or the parliament'. Senator Gallagher says that she has always acted ethically, but an ethical approach would be, firstly, to not mislead. An ethical approach would be, secondly, to own up if you have misled, to apologise if you have misled and to appropriately correct the record if you have misled. Senator Gallagher has failed on each and every one of those tests.

These are serious issues, and there are associated issues that go to questions of how the tragedy of an alleged sexual assault was politicised, but those matters are not before us today. It is the simple issue of misleading the Senate. No matter the views of senators on other matters, this Senate should not stand for being misled. It should send a message clearly by censuring Senator Gallagher.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

For the last two weeks we have seen the opposition trying to blame everybody else for their own shortcomings rather than take responsibility for their actions or their failure to act. Senator Birmingham conveniently wants us to not remember what this is about. We remember what this is about and so do people around the country.

Gerard Rennick (Queensland, Liberal Party) Share this | Link to this | Hansard source

It's a private matter.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I don't know that an alleged rape is a private matter, Senator. You may think that. A Liberal staffer made an allegation that she was raped in a Liberal minister's office, metres from a Liberal prime minister's office, and instead of dealing with these issues appropriately, instead of taking a long, hard look at themselves, they just tried to point the fingers at others. What is worse—

Sue Lines (President) Share this | Link to this | Hansard source

Once again, the comments across the chamber are disorderly and disrespectful. I am asking you to either listen in silence or leave the chamber.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

Those opposite seek to punish Ms Higgins. They seek to punish her supporters. And they seek to punish anyone in this place who sought to ask reasonable questions of them.

Honourable senators interjecting—

Sue Lines (President) Share this | Link to this | Hansard source

Order!

Senator Colbeck. I have just called the chamber to order. Senator Urquhart?

Anne Urquhart (Tasmania, Australian Labor Party) Share this | Link to this | Hansard source

[inaudible] withdraw that imputation on Senator Wong.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Hughes, I did not hear the—

Senator Urquhart! I'm dealing with it. Senator Hughes, I did not hear what was said, but, in the interests of this debate, particularly, and the good order of the chamber, I would ask you to withdraw.

Hollie Hughes (NSW, Liberal Party, Shadow Assistant Minister for Climate Change and Energy) Share this | Link to this | Hansard source

In order to not politicise, I withdraw.

Sue Lines (President) Share this | Link to this | Hansard source

Thank you, Senator Hughes. Minister Wong.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

President, we need to remember what this is about. It's about the wellbeing of a young woman who bravely stood up—

Sue Lines (President) Share this | Link to this | Hansard source

Order. Senator Ruston.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

and spoke out, whose employer, the Morrison Liberal government, let her down—

Opposition senators interjecting—

Sue Lines (President) Share this | Link to this | Hansard source

Minister Wong, please resume your seat. Order! The disorder on my left is disrespectful. Senator Wong is entitled to be heard in silence.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

a young woman who bravely stood and told her story, whose employer let her down, in the days, weeks and months that followed the allegation she reported to them. After two years, when the government and party she served did nothing, Ms Higgins made the courageous decision to stand up and speak out. Those allegations were made public on Ms Higgins's own terms. Now, she knew—

Sue Lines (President) Share this | Link to this | Hansard source

Senator Ruston!

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

when she came forward that she would become a political target. And we have seen that, this fortnight. But she did it anyway, because she was determined to change the culture in this building, to make it a better place for other women, and she has.

Honourable senators interjecting—

Sue Lines (President) Share this | Link to this | Hansard source

Order.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

Her courage and her selflessness helped start a national reckoning. It helped lead to the Jenkins report. It helped this government to set the standard and implement Respect@Work.

And who was spearheading these reforms? No-one opposite. They let the Respect@Work report gather dust on Mr Porter's desk. They dragged their feet and failed to act on key recommendations. It is Senator Gallagher who has led these reforms with her usual integrity and conviction. And these reforms have made a difference. But you know what? It will take all of us to ensure they actually have an effect. It will take reflection, and it will take taking responsibility for change.

But, regrettably, what has been demonstrably clear this last fortnight is that what has not changed is the attitude of too many of those opposite. We've seen that in their behaviour this fortnight. Too many of them have learnt nothing from the national reckoning of two years ago. The very same members of the opposition who were at the centre of events years ago—the very same members of the opposition who have dodged questions, have carefully chosen their language and evaded scrutiny, and have never been transparent about their knowledge and action—are now pointing the finger at others. It's a desperate attempt to launder their reputation—a desperate attempt to rewrite history by peddling false accusations about others. People opposite are willing to use the private text messages of an alleged victim-survivor of sexual assault, in this chamber for their own political purposes. I've seen a lot of things—

Opposition senators interjecting—

Sue Lines (President) Share this | Link to this | Hansard source

Order!

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I've seen a lot of things, but that was a new low.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Cash.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

All of that they would rather do than to take responsibility for their own shortcomings—to reflect on what they might have done differently. Instead, they've sought to punish Ms Higgins and her supporters.

Sue Lines (President) Share this | Link to this | Hansard source

Senator Ruston!

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

They've sought to punish people who sought to ask reasonable questions of them about their knowledge and their action. Well, the events of last week, whether they concern Ms Higgins or others, including another senator, show once again—

Opposition senators interjecting—

Sue Lines (President) Share this | Link to this | Hansard source

Order! Minister Wong. Order on my left! I should not have to constantly call for order. You are being disrespectful. Minister Wong, please continue.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

The events of this fortnight show: if anything, there are questions to be answered on the other side. But, more importantly, there's the message that has been sent by the behaviour of those opposite to women around this country about how they will be treated should they make an allegation of sexual assault. Those opposite should consider their actions and the responsibilities they bear. And with that, I move:

That the motion be now put.

Sue Lines (President) Share this | Link to this | Hansard source

The question is that the question be put.

Sue Lines (President) Share this | Link to this | Hansard source

The question now is that the suspension motion as moved by Senator Birmingham be agreed to.

Penny Wong (SA, Australian Labor Party, Minister for Foreign Affairs) Share this | Link to this | Hansard source

I ask that further questions be placed on the Notice Paper.