Office of the Leader of the Opposition
27 April 2020
Hon. Curtis Pitt MP Speaker of the Legislative Assembly (Number; / ® J 8 2020 By email: [email protected]
Clerk's Signature:
I am writing to ask you to refer the Member for Woodridge to the Ethics Committee for misleading the House.
This matter relates to a deliberately misleading statement made during question time on Wednesday 22 April 2020. As required under the standing ordere, I have provided submissions dealing with this matter.
If you require any additional material, please do not hesitate to contact me.
Shadow Minister for Trade Member for Nanango
Telephone 07 3838 6767 Email reception@opposition,qld.gov.au Mineral House, Level 7,41 George Street, Brisbane Qld 4000 * PO Box 15057, City East Qld 4002 SUBMISSIONS IN RELATION TO A MATTER OF PRIVILEGE RELATING TO A DELIBERATE MISLEADING OF THE HOUSE
BACKGROUND
1. In a response to a question without notice from a government Member, a ‘dorothy dixer,’ Hon. Cameron Dick MP, Member for Woodridge (the Member) made two statements that are incorrect, misleading and I believe, were deliberately made in order to mislead the House. 2. To put this matter in context, the Member has sought to provide a $200 million taxpayer-funded grant to Virgin Australia Airlines Pty Ltd (Virgin). Following the Member’s announcement, I gave a press conference on Monday 20 April 2020 in my role as Leader of the Opposition. During that press conference I questioned the Member’s announcement but I did not make the statements that the Member has alleged. I have directed my staff to examine the Parliamentary Library news database and the statements do not appear in any media report. 3. An audio recording of this press conference is available for the Ethics Committee to review and a research report from the Parliamentary Library will also be made available as evidence.
THE FACTS
4. On 22 April 2020, at page 748 of Hansard, the Member is recorded as saying:
Mr DICK: Up to 5,000 Queensland jobs now hang in the balance, not to mention the tens of thousands of jobs in tourism across our state. I am asked by the member for Aspley whether there is another approach. A couple of days ago we heard from the Leader of the Opposition, fresh from her visit from the shopping centre where she was in the grocery store touching every single product she could get her hands on. She came out and said, ‘I’m not going to back Queensland workers. I’m going to back my very good friend Gladys Berejiklian.’ The Leader of the Opposition was not backing Virgin and not backing Queensland but backing her ‘very good friend Gladys Berejiklian’. Worse than that, the Leader of the Opposition dared Virgin to leave Queensland. She said, ‘I want to see Virgin show us that Queensland is their No. 1.'
Mrs FRECKLINGTON: Mr Acting Speaker, I rise to a point of order. The minister is blatantly misrepresenting. I take offence and I ask that he withdraw.
Mr ACTING SPEAKER: The member has taken offence. I ask you to withdraw.
Mr DICK: I withdraw. The Leader of the Opposition said, ‘I want to see Virgin show us that Queensland is their No. 1.’ This is not a schoolyard fight. You are not looking for your bestie in the schoolyard: you are looking to support 5,000 jobs, and the Queensland Leader of the Opposition did nothing.
(Emphasis added)
2 RELEVANT CONSIDERATIONS
5. Section 37 of the Parliament of Queensland Act 2001 defines the meaning of “Contempt” of the Assembly as;
37 Meaning of contempt of the Assembly (1) Contempt of the Assembly means a breach or disobedience of the powers, rights or immunities, or a contempt, of the Assembly or its members or committees.
6. Standing Order 266 provides examples of Contempt to include, inter alia-.
(2) deliberately misleading the House or a committee (by way of submission, statement, evidence or petition);
7. In order for the allegation of a deliberate misleading of the House to be made out, three elements must be proven; a. the statement must, in fact, have been misleading; b. it must be established that the member making the statement knew at the time the statement was made that it was incorrect; and c. in making it, the member must have intended to mislead the House. 8. In determining whether each element is met, the standard of proof to be met is ‘on the balance of probabilities.’
APPLICATION
9. I will deal with each element in turn.
THE FIRST ELEMENT - WAS THE MEMBER’S STATEMENT ACTUALLY MISLEADING?
10. The Member claims that I made two statements that I simply did not say. The Member has therefore been misleading.
'She came out and said, ‘I’m not going to back Queensland workers. I’m going to back my very good friend Gladys Berejiklian.’” (the First Statement)
“Worse than that, the Leader of the Opposition dared Virgin to leave Queensland.” (the Second Statement)
11. As a matter of fact, I did not make the statement the Member alleges in the First Statement. The Member alleges that I said the words “I am not going to back Queensland workers” when I did not. In respect of the Second Statement, it is simply untrue and misleading to state that I “dared" Virgin to leave Queensland.
3 12. From the evidence available of the recording of my press conference and the review of the Parliamentary Library Media database, it is clear that the Member has fabricated these words that he claims I have said. The Member, in both the First and Second statements was wrong and misleading.
THE SECOND ELEMENT- WAS THE MEMBER A WARE A T THE TIME OF MAKING THE STATEMENT THAT IT IV/IS INCORRECT?
13. For the reasons I have outlined above, there is no recording or evidence that suggests I said the First or Second Statement as the Member has alleged. The Member has not provided any basis for his assertion, he has incorrectly asserted that I made these statements. I can only conclude that he has fabricated these statements and that he was therefore aware that he was misleading the House. 14. I respectfully submit that the second element of the test is met.
THE THIRD ELEMENT- DID THE MEMBER INTEND TO MISLEAD THE HOUSE?
15. McGee^ provides that in order to establish the third limb of the test, reference is to be given to the nature of the basis of knowledge and the formality of the circumstances of the statement. 16. The Member used unambiguous, specific and deliberate language to suggest that I had made the First and Second Statements. He did not equivocate the statements by reference to a claim that he had been informed, or advised. He claimed they were facts. This was also done during question time, the time allocated to examining the executive - a highly formal procedure in the house. I note that even though I took exception to the Member’s statements and called for a withdrawal, the Member did not correct the record and has not apologised to the House. 17. In conclusion on this point, in light of these two considerations as provided by McGee, it must be assumed the Member intended to mislead the house.
CONCLUSION
18. I respectfully submit that this matter warrants the further attention of the house by referral to the Ethics Committee.
’ McGee, David. Parliamentary Privilege in New Zealand, Third Edition, Dunmore Publishing Ltd, Wellington, 2005, p.654.
4 y
Our Ref: 200428-OUT-Dick
28 April 2020
Hon Cameron Dick MP Minister for State Development, Manufacturing, Infrastructure and Planning
By-email: [email protected]
Dear Minister
I have received correspondence from the Leader of the Opposition on 27 April 2020, in which it is alleged that you have deliberately misled the House. In connection with this matter, I enclose a copy of the letter.
Deliberately misleading the House is listed as an example of behaviour that the House may treat as a contempt (see Standing Order 266 (2)).
Standing Order 269 (5) provides that in considering whether such a matter should be referred to the Ethics Committee, the Speaker may request further information from the person the subject of the allegation. Accordingly, I am writing to you pursuant to that Standing Order.
Standing Order 269 (4) provides that in considering whether the matter should be referred to the Ethics Committee, the Speaker shall take account of the degree of the importance of the matter which has been raised and whether an adequate apology or explanation has been made in respect of the matter.
I wish to stress that I have not yet formed a view as to whether this particular allegation should be referred to the Ethics Committee. However, as a matter of course, I remind all members who are the subject of such allegations of the long established convention that should a Member become aware they have inadvertently mislead the House, they should, at the earliest opportunity, correct the record and apologise for their inadvertence.
Parliament House George St Brisbane Queensland 4000 Australia
Phone+ 61 7 3553 6700 Fax+ 61 7 3553 6709 Email [email protected] Web wwv/.parliament.qld.gov.au Should you wish to provide me with further information to assist me in making a determination as to whether the matter should be referred to the Ethics Committee under Standing Order 269 please provide your response by COB 12 May 2020.
In the meantime, should your office have any queries relating to this matter, they may be directed to my Executive Officer, George Hasanakos, by email to [email protected] or on 07 3553 6700.
Yours sincerely
HON CURTIS PITT MP Speaker of the Legislative Assembly 4
The Hon. Cameron Dick MP Minister for State Development, Manufacturing, Queensland Government Infrastructure and Planning
1 William Street Brisbane QLD 4000 PO Box 15009 City East Queensland 4002 Australia Telephone <<•61737197200 Email statedevelopment@ministeriaLqld,gov.au 7 MAY 2020 www,dsdmip.qld.gov.au
The Hon Curtis Pitt MP Speaker of the Legislative Assembly Queensland Parliament Alice Street BRISBANE QLD 4000
Email; [email protected]
Dear Mr^p^^er 1 7 Thank you for your letter dated 27 April 2020 regarding the Leader of the Opposition’s allegation that I have misled Parliament. I do not believe that this matter warrants the attention of the ethics committee as I have not misled the Parliament. Furthermore, I withdrew the relevant statements following a point of order raised by the Leader of the Opposition.
By way of background, my answer to the question sought to convey the Leader of the Opposition's position on Virgin Australia, using a combination of direct quotes along with my interpretation of the meaning and significance of the Leader of the Opposition’s words.
The basis of my statements was from an article in the Courier Mail (Attachment 1), published on 20 April 2020, concerning my efforts to retain Virgin Australia headquarters within Queensland, which was in in response to the New South Wales LNP Government attempting to relocate those jobs interstate. The article also reported remarks made by the Leader of the Opposition in response. I provide an extract below, with direct quotes highlighted;
Queensland Opposition Leader Deb Frecklington refused to back Mr Dick’s [sic], insisting Virgin needed to “recommit" to Queensland.
Asked whether NSW should back off, Ms Frecklington said, “Gladys Berejiklian is a very good friend of mine and she’s one tough Premier. ”
Pressed further on it, the Opposition Leader said she would be urging Virgin to recommit to Queensland, citing the 750job losses flagged by the airline last August.
“What I want to see is Virgin show us that Queensland is their number one," she said.
I have reviewed the video and audio of my statements to the Parliament, which I transcribe below along with my response. For ease of reference, I will apply the same groupings as used in the submission made by the Leader of the Opposition, but with greater detail and context.
The First Statement:
She came out and said, quote. I’m not going to back Queensland workers. I’m going to back, quote, my very good friend Gladys Berejiklian.
So there was the Leader of the Opposition not backing Virgin, not backing Queensland but backing her, quote, very good friend Gladys Berejiklian, [making quote symbols with hands]
In the cut and thrust of the debate I note that, in the first statement, on the first occasion that I used the word ‘quote’, I inadvertently applied it to my interpretation of the Leader of the Opposition’s remarks, as well as applying it the actual direct quote (ie “my very good friend, Gladys Berejiklian”).
I submit that, despite this, it was clear that first part of the first statement was an interpretation, rather than a direct quote. I am sure all members would know that the Leader of the Opposition did not say directly that ‘Tm not going to back Queensland workers,” and that this was instead my political interpretation of what she had said.
Nevertheless. I was happy to withdraw my remarks when, shortly afterwards, the Leader of the Opposition rose on a point of order and complained that I was misrepresenting her.
The Second Statement
Worse than that, she dared, the Leader of the Opposition, dared, and I’m glad’s she’s back in the chamber, dared, dared Virgin to leave Queensland. She said, quote, I want to see Virgin show us that Queensland is their number one... Queensland is their number one.
In relation to the second statement, once again, I put forward my interpretation as to the effect of what the Leader of the Opposition had said, and also provided a direct quote. According to the Courier Mail, when she was pressed on retaining Virgin Australia, she said “What I want to see is Virgin show us that Queensland is their number one.”
In my view, it is reasonable to interpret those remarks as inviting the possibility that Virgin should be allowed to leave if Virgin could not show that Queensland is its ‘their number one.’ In ordinary political debate, such an invitation can be reasonably described as “daring” that outcome.
i
Page 2 of 3
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For example, in 2013, the then Treasurer of the Federal LNP Government, Joe Hockey, made similar statements to the Commonwealth Parliament that Holden should “come clean with the Australian People" and that “Either you’re here or you’re not”. These were reported by the Australian Financial Review as the then Treasurer “daring” Holden to leave (see front page below).
C FradllKimr I INANCIAl REVIiO * ’CottKdam’wJth Att'mifia.TInoa'iaTrdenKHKh ft ttoUmtxiVF^Cij'wmtsn Hockey dares GM to leave
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Even though I regard the second statement as a wholly reasonable interpretation of what the Leader of the Opposition had said, in any case, I withdrew both statements as requested by Leader of the Opposition at the time.
Accordingly, given the above, and particularly because I have already provided the remedy that was sought by the Leader of the Opposition at the time, I do not believe this matter warrants the further attention of the ethics committee.
If I can provide any further assistance in this matter, please let me know.
Yours sincerely
« LvVVWiA>rv\
CAMERON DICK MP Minister for State Development Manufacturing, Infrastructure and Planning
Page 3 of 3
(Couriet illlail;
QLDPOUnCS Cameron Dick says Sve’U stop at nothing to ensure Virgin headquarters remain in Qld’ Minister Cameron Dick has told the NSW Government to ‘hack off, saying Queensland will ‘stop at nothing’ and may even consider increasing Virgin’s bailout to ensure the airline’s headquarters are not relocated.
Domanii Cameron, The Courier-Mail 2 Subscriber only | April 20, 2020 1:28pm
STATE Development Minister Cameron Dick has told the New South Wales Government to *T>ack off” amid revelations it was in discussions with Virgin to relocate the Queensland headquarters interstate.
Chinese airlines in Virgin takeover talks as rescue bid laundied
State*s dhallenge to feds on Vii^in
“Can I just say this to the NSW Treasurer, back off, back right off, just don’t go there,” he said.
“If the world knows one thing, it knows this - there is nothing more dangerous than Queenslanders with their backs to the wall.
“We will stop at nothing to ensure the headquarters of Virgin remains in Queensland.”
Asked whether Queensland would consider a bigger bailout - larger than the $200 million already on the table - Mr Dick said the Government was going to monitor the situation closely.
O Minister Cameron Dick speaks during a press conference at Parliament House, Brisbane. Photo: Jono Searle/Getty Images If there’s more we need to put in, we will consider that,” he said.
The Minister said New South Wales “might want to bnng a peashooter to the fight, that’s fine - we’ll bring a bazooka and we’re not afraid to use it,”
"I think this is more about propping up the Western Sydney airport than it is about the genuine interests of Virgin workers,” he said.
grounded Virgin Australia aircraft parked at Brisbane Airport after the Australian government forced airline carriers to cut both
t i
their domestic and international flights in order to slow the spread of the coronavirus. (AAP Image/Darren England) Queensland Opposition Leader Deb Frecklington refused to back Mr Dick’s, insisting Virgin needed to "recommit” to Queensland.
Asked whether NSW should back off, Ms Frecldington said, "Gladys Berejiklian is a veiy good friend of mine and she’s one tough Premier.”
Pressed further on it, the Opposition Leader said she would be urging Virgin to recommit to Queensland, citing the 750 job losses flagged by the airline last August.
“What I want to see is Virgin show us that Queensland is their number one,” she said.
Ms Frecklington called to see the details of the State Government’s proposed $200 million bail out.
Mr Dick called on the Federal Government to support Virgin workers in Queensland and to release the principals it was reportedly working on to support a two airline policy in Australia.
"The Prime Minister often says how good is Queensland, the truth is how good are 5000 Virgin jobs in Queensland, how good is 1200 jobs at the Bowen Hills headquarters for Virgin,” he said.
The Hon. Cameron Dick MP Treasurer Queenstano Government Minister for Infrastructure and Planning
1 William St Brisbane GPO Box 611 Brisbane Queensland 4001 Australia Telephone 07 3719 7200 Email [email protected] Website www.treasury.qld.gov.au
ABN 90 856 020 239
The Hon Curtis Pitt MP Speaker of the Legislative Assembly Queensland Parliament Alice Street BRISBANE QLD 4000
Email; [email protected]
Dear Mr^p^ker, r
I write further to my letter to you dated 7 May 2020, which was in response to your letter dated 27 April 2020 regarding the Leader of the Opposition’s allegation that I have misled Parliament.
As I said in my earlier letter, I withdrew my remarks following the Leader of the Opposition’s point of order.
Having had the opportunity to further consider the Member’s concerns, I would like to express my apology to the Member for the same remarks.
If I can be of any further assistance in this matter, please let me know.
Yours sincerely
CAMERON DICK MP Treasurer Minister for Infrastructure and Planning
/ 2- /£)6 / 2020