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Dr Bruce Flegg MP

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Dr Bruce Flegg MP Queensland Government Hon Stephen Robertson MP Member for Stretton Ref [M0/10/4103] Minister for Natural Resources, Mines and Energy and Minister for Trade The Honourable John Mickel MP 17 SEP 2010 Speaker of the Legislative Assembly Parliament House George Street BRISBANE QLD 4000 Dear Mr Speaker Remainder incurpnrateii IN Icace.#. I refer you to the second reading of the. La September 2010. I believe that Dr Bruce Flegg MP, Member for Moggill and Michael Crandon MP, Member for Coomera are in breach of standing order 260 which relates to the declaration of pecuniary interest in debate and other proceedings. As indicated in the Register of Member's Interests, both members hold substantial property holdings which has land tax implications and therefore means they had a direct and material interest in speaking against the bill and of how it passed. In speaking against the bill, the members did not declare their interests at the beginning of their speech as required under section (1) of standing order 260. I would appreciate your investigation of this matter and your advice on the outcome of your deliberations. Should you have any further enquiries, please do not hesitate to contact Mr Lance McCallum, Acting Principal Advisor on telephone 3225 1861. Yours sincerely STEPHEN ROBERTSON MP Level 17 61 Mary Street Brisbane Qld 4000 PO Box 15216 City East Queensland 4002 Australia Telephone +617 3225 1861 Facsimilie +617 3225 1828 Email [email protected] HON JOHN MICKEL MP SPEAKER OF THE LEGISLATIVE ASSEMBLY OF QUEENSLAND 2 4 SEP 2010 Hon Stephen Robertson MP Minister for Natural Resources , Mines and Energy and Minister for Trade PO Box 15216 CITY EAST QLD 4002 Dear Minister I acknowledge your correspondence dated 17 September 2010, relating to Dr Bruce Flegg MP, Member for Moggill and Mr Michael Crandon MP, Member for Coomera speaking to the second reading of the Land Valuation Bill 2010 on 16 September 2010. In accordance with Standing Order 269(5), I will be seeking further information from both Dr Flegg and Mr Crandon prior to determining whether to refer the matter to the Integrity, Ethics and Parliamentary Privileges Committee. Should you have any queries regarding this matter, or require further information, please contact Joe Begley (email: Joe. Begley(a.parliarnent.gld.gov.au; telephone: 3406 7170). Yours sincerely JOHN ICKEL MP eaker Parliament House, George Street, Brisbane, 4000 Phone: (07) 3406 7374 + Fax: (07) 3406 7308 ♦ E-mail: [email protected] 4 Website: www.uarliame.nt.glcl.eov.au HON JOHN MICKEL MP SPEAKER OF THE LEGISLATIVE ASSEMBLY OF QUEENSLAND 2 4 SEP 2010 Dr Bruce Flegg MP Member for Moggill PO Box 328 KENMORE QLD 4069 Dear Dr Flegg I have received correspondence dated 17 September 2010 from Hon Stephen Robertson MP, Minister for Natural Resources, Mines and Energy and Minister for Trade, relating to the second reading debate of the Land Valuation Bill 2010 on 16 September 2010. Standing Order 269(5), allows that in relation to the procedures for raising and considering complaints, the Speaker may request information from the member the subject of the complaint. Accordingly, I am seeking further information from you, regarding this complaint, prior to determining whether or not to refer the matter to the Integrity, Ethics and Parliamentary Privileges Committee (IEPPC). In connection with this matter, I enclose a copy of the Minister's letter. To assist me in determining whether or not to refer the matter to the IEPPC, I invite you to provide a written submission providing any evidence or information which you believe is relevant to this matter. Should you have any queries regarding this matter, or require further information, please contact Joe Begley (email: Joe.Begley(^parliament.gld.gov.au; telephone: 3406 7170). Yours sincerely N JOH MICKEL MP Parliament House, George Street, Brisbane, 4000 Phone: (07) 3406 7374 ♦ Fax: (07) 3406 7308 ♦ E-mail: si)eiker@i)ai-li,,iiiie.i-Lt.cit(l.gov.qti ♦ Website: v, v,,.parliament.gld.eov.ati HON JOHN MICKEL MP SPEAKER OF THE LEGISLATIVE ASSEMBLY OF QUEENSLAND 2 h SEP 2010 Mr Michael Crandon MP Member for Coomera PO Box 80 OXENFORD QLD 4210 Dear Mr Crandon I have received correspondence dated 17 September 2010 from Hon Stephen Robertson MP, Minister for Natural Resources, Mines and Energy and Minister for Trade, relating to the second reading debate of the Land Valuation Bill 2010 on 16 September 2010. Standing Order 269(5), allows that in relation to the procedures for raising and considering complaints, the Speaker may request information from the member the subject of the complaint. Accordingly, I am seeking further information from you, regarding this complaint, prior to determining whether or not to refer the matter to the Integrity, Ethics and Parliamentary Privileges Committee (IEPPC). In connection with this matter, I enclose a copy of the Minister's letter. To assist me in determining whether or not to refer the matter to the IEPPC, I invite you to provide a written submission providing any, evidence or information which you believe is relevant to this matter. Should you have any queries regarding this matter, or require further information, please contact Joe Begley (email: Joe.Begley(a-)parliament.gld.gov.au; telephone: 3406 7170). Yours sincerely Parliament House, George Street, Brisbane, 4000 Phone: (07) 3406 7374 ♦ Fax: (07) 3406 7308 ♦ E-mail: speakerBu.>arliament.gld.gov.au ♦ Website: wti^v.parliament.gld.eov.au The Honourable John Mickel MP Speaker of the Legislative Assembly Queensland Parliament House George Street Brisbane 4000 05/10/2010 Dear Mr Speaker I refer to your letter dated the 24t" of September 2010, in which you refer to correspondence from Hon Stephen Roberts MP. In response, I refer you to my statement of today, in the house. I also refer you to the MEPPC information paper on Standing Order 260, a copy of which is attached, which makes it clear that my interests are interests in common that do not require disclosure. Michael Crandon MP Member for Coomera (07) 5514 0483 (07) 5514 0634 1800 224 650 coomera (a7parliament.gld.gov.au 11 www.crandon4coomera .com.au PO Box 80 OXENFORD QLD 4210 Unit 20 Hope Island Central 340 Hope Island Road, Hope Island Standing Order 260 Standing Order 260 provides- 260. Declaration of pecuniary interest in debate and other proceedings (1) Notwithstanding compliance with any other order of the House concerning the disclosure of interests, a member shall, in respect of any question in the House or a committee, declare any pecuniary interest (of which the member is aware) (whether or not it is a matter of public policy) that the member or a related person has in the question, i such pecuniary interest is greater than the interest held in common with subjects of the Crown or members of the House generally. [Emphasis added.] (2) The declaration in (1) shall be made: (a) at the beginning of their speech if the member participates in debate on the matter in the House or a committee; (b) as soon as practicable after a division is called for on the matter in the Legislative Assembly, or a committee, if the member proposes to vote in that division. (3) The member's declaration shall be recorded and indexed in the Votes and Proceedings or minutes of proceedings of the committee and in any Hansard report of those proceedings of that division. (4) It shall not be necessary for a member to declare an interest when directing a question seeking information. Background On 8 August 2001, the Legislative Assembly adopted the above standing order, which requires members to declare any pecuniary interest they have, or a related person has, in a matter on which they intend to speak or vote (whether or not it is a matter of public policy), if the pecuniary interest in the matter is greater than the interest held in common with subjects of the Crown or members of the House generally. The standing order is based on a House of Commons standing order. Rationale for the standing order The standing order recognises that a perception could arise of members being improperly influenced in the performance of their parliamentary duties by their private interests. The standing order also recognises that members' private interests may coincide with the interests of their electorates. The standing order is designed to ensure that, where appropriate, a member's pecuniary interest in matters the subject of proceedings in the House or a committee is declared. Openness about any pecuniary interest of a member, which might reasonably be thought to be relevant to the proceedings, ensures that the public and other members are aware of any interest which might give rise to a perception of a conflict of interest between the member's private interests and their public duties. Standing Order 260 is wider than Standing Order 2591 (No member pecuniarily interested may vote) because it relates to p y pecuniary interest, not just a direct pecuniary interest. The interpretation of what constitutes a pecuniary interest is not always clear. The term "any pecuniary interest" does not appear to have been the subject of parliamentary interpretation and members are encouraged to seek individual advice from the Clerk of the Parliament if they are concerned about the application of S0260 to their particular circumstances. Standing Order 260 makes it clear that any declaration under the standing order is in addition to the registration of the interest on the Register of Members' Interests or the Register of Related Persons' Interests: S0260(1). It is not necessary for a member to declare an interest when asking a question without or on notice about a matter: S0260(4).
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