Queensland Legislative Assembly i Nmnber:_gCoOorA(fe<^ lobled Dj------8y leave
Perk's Signature:.
17 June 2020
1 i JUN 2020 Hon. Curtis Pitt MP
is; %- Speaker of the Legislative Assembly 3 *
Dear Mr Speaker
I am writing to ask you to refer the Member for Miller to the Ethics Committee for misleading the House.
This matter relates to a baseless claim made during the time for Ministerial Statements about the procurement of the New Generation Rollingstock program.
I have attached submissions to assist you in making this determination.
If you require any additional material, please do not hesitate to contact me.
SHADOW MINISTER FOR TRANSPORT AND MAIN ROADS MEMBER FOR CHATSWORTH SUBMISSIONS CONCERNING A MATTER OF PRIVILEGE OF DELIBERATELY MISLEADING THE HOUSE
FACTUAL MATTERS
1. This matter arises from the Member for Miller’s (the Member) contribution during Ministerial Statements on 21 May 2020, as reported in Hansard at page 1058:
The LNP talks about backing business, but history shows otherwise. They abandoned Queensland workers when they sent contracts overseas to build trains. I/Ve returned those contracts to Queensland, where they belong. Queensland Rail has an agreement with Downer that will support local rail jobs in Maryborough for years to come. This partnership supports Maryborough’s economy, nurtures a new generation of skilled rail workers, and ensures projects are delivered by Queenslanders for Queensland.
(Emphasis added)
2. The New Generation Rollingstock Train Commission of Inquiry Final Report was comprehensively accepted by the Palaszczuk Government. It found that it was the Bligh Labor Government who commenced the process to purchase new trains other than by a direct contract with EDI Rail- Bombardier. The report states at page 23;
4.2 Lead-up to procurement
In June 2008, the South East Queensland Infrastructure Plan and Program 2008 2026 identified that an additional 58 three-car trains would be required to meet forecast demand growth across the Citytrain network. The Queensland Government allocated funding for the acquisition of 58 three-car trains in the 2008-09 budget.
Historically, QR had a sole sourcing arrangement to purchase rollingstock from EDI Rail-Bombardier on a ‘design and build’ basis, with maintenance undertaken by QR. However, in September 2008 QR commissioned a study on procurement arrangements that found it might obtain improved value for money through a competitive procurement process.
The Cabinet Budget Review Committee (CBRC) endorsed commencing the procurement of new rollingstock on 9 December 2008. Minutes from QR Board meetings indicate that approval was not sought from the QR Board, and the Board was not advised that EOls would be sought.
(Emphasis added)
3. The report found that the EOl closed on 27 February 2009 but on 9 March 2011, Downer EDI Rail withdrew from the tender process. At this point under
2 5
the Bligh Government, no Queensland-based bidders for NGR procurement remained in the process.
4. On 10 March 2011, Hon. Jan Jarratt MP advised Parliament in a Ministerial Statement that Downer EDI had withdrawn saying; “The news that Downer EDI have today decided to pull out of a global tender to provide Queensland Rail with 200 three-car sets is both devastating and disappointing. Downer EDI has long provided manufactunng capacity for rolling stock in Queensland.”^ Then Member for Maryborough Chris Foley said on 23 March 2011:
“...we have fought very hard to ensure that rail contracts keep coming the way of our excellent facility of Downer EDI and Bombardier. Unfortunately, Downer EDI recently saw fit, for reasons best known to itself, to withdraw from that tender process. I think that was an utterly perplexing decision. However, it was a business decision and I will continue to work with the minister and the Treasurer to see if we can facilitate a way for Bombardier to be able to continue on with the tender as it is, simply without Downer EDI. Bombardier is the largest train manufacturer in the world with a very healthy balance sheet, so I urge the minister to do whatever she can to protect those jobs of Maryborough workers.”^
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.’
1 Hansard, 10 March 2011, page 524. 2 Hansard, 23 March 2011, page 743.
3 5
APPLICATION
9. I will deal with each element in turn.
THE FIRST ELEMENT - WAS THE MEMBER’S STATEMENT ACTUALLY MISLEADING?
10. The Member implied that the Newman Government “abandoned” workers by awarding the NGR tender to be manufactured overseas deliberately at the expense of the interests of local workers. This statement is incorrect and misleading. The process that led to the award of the tender was already underway before the election of the Newman Government, and no Queensland-based manufacturer remained in the process that could have received the tender. It was not possible, because under the Bligh Government the local manufacturer, EDI Downer had withdrawn from the process. This is made clear in the report of the Commission of Inquiry and from contemporaneous Hansard records.
THE SECOND ELEMENT- WAS THE MEMBER AWARE AT THE TIME OF MAKING THE STATEMENT THA T IT MZAS INCORRECT?
11. The Member has been Minister for Transport and Main Roads since the completion of the Commission of Inquiry, and publication of its report. The Member is aware of the findings and has had opportunity to make numerous statements to the Parliament about its contents. I respectfully submit that the second element of the test is met.
THE THIRD ELEMENT- DID THE MEMBER INTEND TO MISLEAD THE HOUSE?
12. 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.
13. The Minister made the statement during the time allocated for Ministerial Statements, reading from prepared notes about a matter of state. There is no more formal time in the House where Ministers are given latitude to make statements without interruption.
14 In conclusion on this point, in light of these two considerations as provided by McGee, it must be assumed the Minister intended to mislead the house.
McGee, David, Parliamentary Privilege in New Zealand, Third Edition, Dunmore Publishing Ltd, Wellington, 2005, p.654.
4 CONCLUSION
15. I respectfully submit that this matter warrants the further attention of the house by referral to the Ethics Committee as the Member for Miller has repeatedly mislead the House on this matter on numerous occasions. In addition to the Ministerial Statement made on 21 May 2020 (referred to in Factual Matters point 1), the Member for Miller has made similar references on 19 February 2020, 21 August 2019, 3 April 2019, 17 October 2019 and 6 March 2018.
It is almost like a ‘self-fulfilling prophecy’ in that if you state something over and over enough times it becomes ‘reality’. The Member for Miller in his role as the Minister for Transport and Main Roads has had numerous opportunities to correct the record and I ask that you give this matter your consideration.
5 Speech By Hon. Mark
MEMBER FOR MILLER
Record of Proceedings, 21 May 2020
MINISTERIAL STATEMENT
Coronavirus, Economic Response Hon. MC BAILEY (Miller—ALP) (Minister for Transport and Main Roads) (10.00 am): This week the Palaszczuk government told Queenslanders how we will continue to protect their health while backing their jobs. The Premier's announcement of hundreds of millions of dollars in support for a range of sectors was the first stage of Queensland’s economic reset. It builds on the $6 billion already committed by our government to manage the health response, support businesses and families and protect local jobs. Every Queenslander deserves the dignity of having access to a job and the chance to earn a living. Even before the coronavirus arrived the Palaszczuk Labor government had policies that put Queenslanders first. As we have driven record investment in transport and road projects we have prioritised Queensland businesses and their workers. I am pleased to say that Transport and Main Roads is an outstanding champion of our Buy Queensland policy. Over the last four years Queensland suppliers have consistently won Transport and Main Roads contracts at a rate of 92 per cent. Regional Queensland suppliers make up 57 per cent of Transport and Main Roads suppliers. In dollar figures, that is $1.89 billion spent with regional suppliers over the 12 months to March 2020. That equals jobs for truck drivers, traffic controllers, machinery operators and support for Queensland businesses like equipment suppliers, engineering firms, bitumen suppliers and earthmoving companies. In Mackay work worth more than $152 million has been awarded to regional suppliers, subcontractors and plant hire companies. On the Mackay Ring Road almost 1,700 workers have been inducted on that site, 82 per cent of whom live within the Mackay region. South of Townsville crews have been working on North Queensland’s biggest road project, the $514 million Bruce Highway upgrade at the Haughton River, a 13-kilometre-long worksite. Nearly $38 million has been spent with local businesses in the Burdekin since work began last April, and 800,000 tonnes of material has been sourced from quarries in Giru, Ayr and Townsville. Those materials are being transported to site by local trucks and then applied and compacted by machinery supplied from Townsville and the Burdekin. These are just some of the examples of how the Palaszczuk government’s policies are seeing money flow directly into the bank accounts of Queensland workers and businesses. The LNP talks about backing business, but history shows otherwise. They abandoned Queensland workers when they sent contracts overseas to build trains. We returned those contracts to Queensland, where they belong. Queensland Rail has an agreement with Downer that will support local rail jobs in Maryborough for years to come. This partnership supports Maryborough’s economy, nurtures a new generation of skilled rail workers, and ensures projects are delivered by Queenslanders for Queensland. Opposition members interjected. Mr BAILEY: Judging by those interjections, the opposition has still not learned any lessons from their mistakes of the past. The road ahead out of COVID-19 will be long and testing, but as long as we unite and keep putting Queenslanders first we will recover together
Mark_Bailey-Miller-2.0200521-559755421331.docx Speech By Hon. Mark Bailey
MEMBER FOR MILLER
Record of Proceedings, 19 February 2020
MINISTERIAL STATEMENT
Rail Infrastructure Hon. MC BAILEY (Miller—ALP) (Minister for Transport and Main Roads) (9.54 am): Only one government is all aboard rail manufacturing in Queensland, and that is the Palaszczuk Labor government. We know investing in major rail projects and manufacturing means jobs for Queensland families and businesses. It means more than 250 Maryborough locals can put food on the table, buy a house and support their families. Mr Saunders: No tough love there. Mr BAILEY: No tough love there; that is correct. That number includes 14 new apprentices who have this year started their journey to gain the skills that will set them up for life. I am proud to announce today that we are delivering millions more in investment for Maryborough in terms of rail manufacturing and jobs at the plant. Everyone knows the Palaszczuk Labor government is investing $335 million to rectify the NGR trains and make them accessible. Next week crews will get started on a $6.8 million upgrade of the city’s train tracks, unlocking new opportunities in the heritage city. This project alone will support 20 construction jobs. Rail manufacturing is in Maryborough’s DNA. For 150 years, the city has built more than 2,000 railcars and locomotives. As we enter the 2020s, the Palaszczuk government is committed to making sure that proud history of rail manufacturing continues at Downer's Maryborough workshop. Today’s announcement builds on a 10-year strategic partnership announced in December with Downer EDI to rebuild our iconic electric and diesel tilt trains, as well as parts of our Citytrain fleet right in the heritage city. This was a sector that was on its knees when we were elected in 2015 because of those opposite. They cut 1,700 Queensland Rail workers, cut driver training and ordered noncompliant trains from overseas. It is thanks to this government and our member for Maryborough that the Downer workshop IS once again the beating heart of the city, supporting hundreds of families. Across Queensland, major regional rail projects are driving a rail jobs boom, with projects underway from Toowoomba to Townsville supporting more than 1,150 rail jobs. It is the Palaszczuk Labor government through its record $23 billion, 21,500 job transport and road budget that is backing public transport, backing jobs and backing Queenslanders.
Mark_Bailey-Miller-20200219-046727127485.docx Page 1 of 1 'I <1
MEMBER FOR MILLER
Record of Proceedings, 21 August 2019
APPROPRIATION (PARLIAMENT) BILL
APPROPRIATION BILL
Consideration in Detail (Cognate Debate)
Appropriation Bill
Transport and Public Works Committee, Report Hon. MC BAILEY (Miller—ALP) (Minister for Transport and Main Roads) (12.02 pm): The member for Chatsworth lives in a parallel universe. When he was assistant minister for public transport under Campbell Newman, this was his record; $600 million in cuts to road infrastructure across the state; a cut to the Sumners Road interchange; not a single new dollar spent on the M1 in three years; the Cross River Rail project cut; the active travel infrastructure budget cut; the second Ml, or the Coomera Connector, blocked; no new light rail stages funded; and no new infrastructure. Under the LNP, public transport patronage plunged to the worst three years in the last decade. The LNP cut 48 train drivers, leading to the events of October 2016. The LNP ordered trains made overseas and not by Queensland workers. They were not disability compliant. The LNP's record of cuts and incompetence is absolutely appalling. To be having a little lecture from the member is a bit ridiculous. I begin by acknowledging and thanking the work of the committee in this estimates hearing. The advocacy and interest of its members, not just in matters related to their own electorates but in matters that are important to all Queenslanders, is to be commended. I was pleased to have an opportunity to outline the Palaszczuk government’s record QTRIP investment of $23 billion over four of the last five budgets, supporting 21thousand Queensland jobs. An amount of $1454 billion of that program focuses on regional Queensland, supporting ISV^ thousand regional jobs. We continue to reverse the Newman LNP government’s job-destroying policies, such as sacking 14,000 workers, including hundreds of road builders in RoadTek. I think about 700 went from RoadTek. We have kept our assets, particularly our Townsville and Gladstone ports, in public hands and we are investing in them. This record of investment will add to the 216,000 jobs that the Palaszczuk government has created since 2015. From the Smithfield bypass north of Cairns, to the Haughton River upgrade, to the sealing being done in Cape York, thousands of people are turning up to worksites today because the Palaszczuk government is backing roads, backing jobs and backing projects. Construction is underway on two Ml upgrades—with two more to come straight after—as well as on the Ipswich Motorway. There is also the Mackay Ring Road project, the upgrade of the Warrego Highway and our largest infrastructure project, the Bmce Highway upgrade. We are building the $812 million highway upgrade from the Sunshine Motorway to Caloundra, spending $157 million on the Rockhampton Northern Access Upgrade, and we will soon see the duplication of the Capricorn Highway to Gracemere, which is in the area of the member for Rockhampton.
Mark_Bailey-Mill9r-20190821-702268298847.docx Page 1 of 2 Cairns port is undergoing a transformational $127 million upgrade to unlock new tourism opportunities and create 2,700 new jobs. In Townsville, we are delivering the $193 million port channel upgrade. At Gladstone, Rockhampton and Bundaberg, we have seen another record trade year, with 124 million tonnes through those ports during the last financial year. I note the statement of reservation from the member for Hervey Bay. who asked very few questions, taking a special interest in Cross River Rail and our planning for the South-East Queensland rail network. It is pleasing to see the member for Hervey Bay highlighting how Cross River Rail will lead to more services more often. The LNP, at both state and federal levels, has failed to fund Cross River Rail. The LNP constantly talks down the project after it cut it when it was in government. As the honourable member would be aware, following the cuts of the LNP our government has put the focus back on public transport investment. After the LNP failed to start the training of any train driver for an entire year in 2014 and cut 48 drivers. Queensland Rail has restored 430 weekly services in a consistent Monday to Friday timetable. As part of the largest recruitment in Queensland Rail’s history, we now have 178 drivers and 331 guards trained and into the network, with a net increase of 106 qualified drivers. Thanks to our focus on public transport, passengers are returning to public transport. The last two financial years were two record years of patronage—a 3.2 per cent and a 3.7 per cent increase. Over the last financial year, there were seven million extra trips. Last month on the Gold Coast, for the very first time we had more than one million light rail trips. That was a great moment. That is Just another reason to support our call for the Morrison government to provide a fair share of funding to get stage 3A of light rail on the Gold Coast. Gold Coast deserves a fair funding deal from Canberra. Planning for the rail networks is currently underway. That planning includes infrastructure, including fleet and depot planning. TMR and the Brisbane City Council are undertaking a study of all level crossings in the Brisbane local government area. That study will prioritise level crossings and those at Beams Road, Coopers Plains, Cavendish Road and Lindum Road fall within the scope the study. We are seeing freight charges discounted on the Mount Isa-Townsville line. Our focus on jobs is not wavering. We invest in roads, we invest in rail, we invest in jobs. We do not cut, we do not sack, we do not sell like those opposite. We know that does not add up and that is what those on that side will do again. (Time expired)
Marl<:_Bailey-Miller-20190821-702268298847.docx Page 2 of 2 Speech By Hon. Mark Bailey
MEMBER FOR MILLER
Record of Proceedings, 3 April 2019
MOTION
Palaszczuk Labor Government, Waste Hon. MC BAILEY (Miller—ALP) (Minister for Transport and Main Roads) (5.57 pm): It is always a great pleasure to follow the amateur thespian performances from the member for Kawana, a man who was a member of the Newman cabinet who approved 1 William Street—probably the greatest waste of public money we have seen. They were in power for two seconds before they went straight into commissioning a nice big tower for themselves, looking after themselves. While telling everybody else in the state that we were broke and we had to cut, we had to sack, we had to sell, they were building a palatial tower to themselves which was set in stone by the time we won the election. We are getting a lecture from those who built 1 William Street. That is just extraordinary. When it comes to waste there is no greater practitioner than the LNP when it comes to public money. Let me mention three letters, N-G-R. Under their watch NGR trains were ordered from overseas—not from Maryborough but from overseas. They wasted jobs in Maryborough, that is for sure. They let down the workers of Maryborough and Queensland by ordering them overseas and they were not compliant. Let me look at the LNP record when it comes to further waste. They spent $70 million on Strong Choices to privatise everything that moved in this state—privatising our energy assets. They were lined up to privatise Queensland Rail. That was their agenda. If they get another chance, they will be doing it again. As revealed in estimates in 2015, they had a secret branch in Transport and Main Roads to privatise sections of Transport and Main Roads. That was another $30 million worth of waste there that was absolutely exposed, let alone the former minister for transport wasting a lot of public money putting all those trophies on his wall. He is no longer here; we certainly sorted him out. As the member for Ipswich said, when it comes to waste, the former deputy premier’s waste of money for flights to and from his own electorate takes the cake. That was over half a million dollars worth of waste. The list of waste from the opposition in their three short years in power—three very short years; three mercifully short years—is absolutely very clear. Recently, some figures were released about taxis in a question from the opposition. The bill was $493,000. I thought I would look up the record of the opposition when they were in power. In the opposition’s first year in government, the taxi bill for Queensland Rail staff was—wait for it—$532,000. That was a lot more than under us. They seem to have one rule for one and one rule for another. I was fascinated to see the recent comments by the member for Chatsworth. He suggested, firstly, that it would take six years to get back to a full timetable. The next day he suggested it would somehow take seven years to get back to a full timetable. Then he got his leader to suggest that it would take 37 years to get back to a full timetable. I smell a rat. I think the numbers are moving. Whoever gave that advice to the Leader of the Opposition to say that publicly has not got her best interests at heart. That is a bit of waste that the Leader of the Opposition needs to look at, because saying 37 years is one of the most embarrassing things I have heard in four years in this chamber. It shows the Leader of the Opposition—
Mark_Bailey-Miller-20190403-027959318150.docx Page 1 of 2 Speech By Hon. Mark Bailey
MEMBER FOR MILLER
Record of Proceedings, 17 October 2018
MOTION: QUEENSLAND RAIL; NO CONFIDENCE IN THE MINISTER FOR TRANSPORT AND MAIN ROADS Hon. MC BAILEY (Miller—ALP) (Minister for Transport and Main Roads) (5.03 pm): What a screechy, desperate effort from the member for Chatsworth. Of course, he was Campbell Newman's assistant minister for public transport, but he does not like it when we remind him of that. His fingers are all over the events of October. This is the member who described the Newman government as having 'the best managed rail network in Australia’. They ordered trains that were built by overseas workers. They refused to begin training a single train driver for the entire year of 2014. They knew they had six new stations opening in 2016 and they knew we had the Commonwealth Games coming—the biggest sporting event in the country for a decade—yet they stopped training train drivers for an entire year in 2014. And he describes that as the best managed rail network in Australia? Oh, my God! Really? This opposition has learned nothing from two election defeats. They suffered the most catastrophic toss of a large majority government in Australian political history. They lost and squandered the biggest majority in less than three years. They did not even get to three years. Why? They treated people arrogantly. They particularly mismanaged the rail network. One of the key issues identified about why services in October 2016 had such substantial issues was because there were not enough drivers. Why were there not enough drivers? Because the LNP stopped training them. It took 18 months to train a train driver—we have that down to 13—and it flowed through to when the system expanded. That has been well documented. There has been no apology from the member for Chatsworth. There has been no apology from the opposition for substantially causing the rail fail. There have been no apologies from them. They are only trying to cover up their role and their culpability in damaging a rail system that is now taking years to recover. Let us compare the two records. Linder Labor how many train driver training schools are there? There are eight underway. How many were there under the LNP? Zero in 2014. Do we sack the workforce? No, we treat them with respect. The LNP attacked workers, they sacked workers and they despatched workers. They despatched 1,700 Queensland Rail workers. How dare they come in here and talk about respect for the workforce! Let us look at patronage. Linder Labor we have patronage up by 2.3 million trips since the Newman years of 2014-15. Patronage went down 2.38 million under the LNP between 2011-12 and 2014-15. In the last financial year we have seen an increase in patronage of 3.8 per cent for the rail system. This shows there is confidence returning. People are returning and patronage is up because we are stabilising and improving the system. Over the last two school holidays we have seen a full timetable retained for the first time since October 2016. We are seeing overtime coming down. We have seen patronage going up. We have seen on-time running at above 95 per cent for four quarters in a row. I do not know what sort of imagination the member for Chatsworth has, but we have one of the toughest on-time running criteria in the country. We have been above 95 per cent for the last four quarters in a row. The Commonwealth Games plan was delivered: 600,000 trips. I remember those opposite doomsaying that we would have
Mark_Bailey-Miller-20181017-813955654834.docx Page 1 of 2 rail fail during the games. In fact, we had a transport plan that worked very well. Who presided over that? I did, as the minister. You have to do more than rhyme two words together and put them after a hashtag; you need a policy. Under Labor we have a comprehensive plan based on the Strachan inquiry. Half of the recommendations have already been implemented. We are bringing in the smart ticketing that is used in Chicago, London and Vancouver so we can have a more efficient world-class system. There are no plans from the opposition. The opposition are more interested in segues than they are in railways. They sent train manufacturing overseas instead of keeping it in Queensland. Labor will have Queensland workers rectifying these trains because of the LNP’s mess. Overtime is coming down under us, whereas it went up 25 per cent under them. This is a spurious motion and— (Time expired)
lVlark_Bailey-Miller-20181017-813955654834.doox Page 2 of 2 Speech By Hon. Mark Bailey
MEMBER FOR MILLER
Record of Proceedings, 6 March 2018
MINISTERIAL STATEMENTS
New Generation Rollingstock Hon. NIC BAILEY (Miller—ALP) (Minister for Transport and Main Roads) (10.28 am): The Palaszczuk government is committed to ensuring that all Queenslanders have the modem, accessible train fleet that they deserve with the rollout of the New Generation Rollingstock trains. In order to support the tripling in train services for the Gold Coast Commonwealth Games, with 24-hour heavy rail to and from the Gold Coast, NGR trains will operate exclusively on the Gold Coast and airport lines before and during the games. Make no mistake: the trains will run for the games. I am confident we will deliver our Commonwealth Games timetable. Nine of these new trains have been deployed on the Gold Coast airport line since December last year, exceeding our requirement of eight NGR trains for the Commonwealth Games. This is accompanied by a boarding model to ensure that any passengers who need assistance are able to access if on the platform. Unlike the former LNP government, the Palaszczuk government will ensure that all new rail manufacturing and retrofit contracts are carried out by Queensland workers after the LNP debacle of outsourcing manufacturing to overseas. We make no apologies for bringing this work back to Queensland workers in Maryborough, a city with a proud rail history. Mr Saunders interjected. Mr BAILEY: I take the interjection from the member for Maryborough. In relation to the Human Rights Commission preliminary view handed down last week, we will review the details and make a submission accordingly. Honourable members interjected. Mr SPEAKER: Members, I am having difficulty hearing the minister which means you are too loud. Mr BAILEY: The House should be reminded that we are dealing with the anti-Commonwealth Games legacy of the LNP Newman government. Just like the LNP’s do-nothing approach to preparing for the games—whether it was ignoring the Ml, not building light rail stage 2, or not duplicating the heavy rail from Helensvale to Coomera, as we have since—the LNP’s mismanagement of the $4.4 billion NGR contract has come back to bite them. Opposition members interjected. Mr SPEAKER: Minister, please resume your seat. I cannot provide any form of protection if you provoke the opposition. However, I will caution those to my left. I can hear some of you over and above your colleagues and I will start naming.
Mark_Bai ley-Mil ler-20180306-968239333744.docx Page 1 of 2 Mr BAILEY: The impact of the final decision from the commission will be related to whether people are able to make complaints through the usual discrimination complaints process. The commission is not called upon to decide whether the trains can run. Let us be clear: the LNP signed the contract for half-price overseas trains and approved the design. We inherited this and we are fixing it. Mr Nicholls: You changed it! Mr BAILEY: It is appropriate that I should get an interjection from the member for Clayfield, because he is the key person who botched that contract and he got a 4.3 per cent swing against him at the election. I am sure people remembered. We are getting on with the job of rectifying the New Generation Rollingstock, working with the disability sector and using Queensland workers— Mr BLEIJIE: Mr Speaker, I rise to a point of order. There have been rulings by previous Speakers with respect to ministerial statements advising the Queensland public on ministerial matters, not engaging in debate or fighting previous governments. The Minister for Transport seems to be the only minister over there to not understand the history of ministerial statements. Mr SPEAKER: Thank you, member for Kawana. Minister, I remind you to keep your comments as non-combative as possible, and I duly note the member's point of order. Mr BXULEY: Thank you, Mr Speaker. I certainly take your direction. In closing, I want to emphasise that these trains will run for the Commonwealth Games.
Mark_Bailey-Miller-20180306-958239333744.docx Page 2 of 2 ■«
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Your Ref: Our Ref: 200618-OUT-Bailey
18 June 2020
Hon Mark Bailey MP Minister for Transport and Main Roads
By E-mail: tran$portandmainroads@ministerjaLqld.^ov.au
Dear Minister
I have received correspondence from the Member for Chatsworth on 17 June 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 *
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 2 July 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 Governmefft Minister for Transport and Main Roads
1 William Street Brisbane 4000 6P0 Box 2644 Brisbane 2 July 2020 Queensland 4001 Australia Telephone +6t 7 3719 73oo [email protected] Website www.tmr.qld.gov.au The Honourable Curtis Pitt MP Speaker of the Legislative Assembly Parliament House George Street BRISBANE QLD 4000
Dear Mr Sr
Thank you for your letter of 18 June 2020 providing me with an opportunity to respond to an allegation of contempt made by the Member for Chatsworth.
Please be assured that it was not my intention to mislead the House in making a Ministerial Statement on 21 May 2020 about the Palaszczuk Government’s economic response to the Coronavirus pandemic.
I respectfully submit that for the reasons set out below, no element of contempt can reasonably be established in this matter, and that accordingly the matter does not warrant further attention of the House.
The underlying matters to which these allegations relate, being procurement of the New Generation Rollingstock (NGR) trains have been well reported in media, over a number of years, and have been the subject of a Commission of Inquiry chaired by retired District Court Judge Michael Forde. The Commission of Inquiry report was publicly released on 10 December 2018 (Forde Inquiry Report).
The statement was not misleading
Put simply Mr Speaker, my statement was factually accurate, and could therefore not be misleading.
It is an objective fact that the NGR trains were ordered from overseas, as a deliberate act of the Newman Government.
As found in the Forde Inquiry, the contract for delivery of the NGR was signed by the Newman
Government, following a CBRC decision:^ !
"CBRC endorsed the recommendation to award preferred proponent status to Bombardier on 17 October 2013 and authorised the former Minister for Transport and Main Roads, Mr Scott Emerson, or his delegate, to execute the relevant project documents."
A Joint Media Statement titled "Preferred Tenderer for New Queensland Trains" was published by the then Premier Mr Campbell Newman, the then Treasurer Tim Nicholls MP and the then Minister
* See page 30: https://www.tralninaulfvner.qld.gov.au/assets/custom/docs/coi-final-feport-2018.pdf 1 for Transport and Main Roads, Mr Scott Emerson on 19 November 2013. A copy of that joint media statement is provided as attachment 1.
That was followed by a Joint Media Statement titled “New Trains for Half the Price" published on 19 January 2014 by the then Treasurer, Mr Tim Nichols MP and the then Minister for Transport and Main Roads, Mr Scott Emerson. A copy of that joint media statement is provided as attachment 2.
It is also an objective fact that those trains are now being rectified in Queensland by the Palaszczuk Government to ensure that they comply with disability standards, and to support local jobs in Maryborough.
A copy of the Joint Media Statement titled ‘Making Our New Trains Accessible for Everyone’ published by the Premier and myself on 10 December 2018, is provided as attachment 3. It is estimated that the rectification work being undertaken by Downer EDI in Maryborough will support 100 jobs.
The apparent basis of the Member for Chatsworth’s allegation is that a procurement process commenced under the Bligh Government for new rollingstock, and that because Downer EDI withdrew from the process in 2011, that meant trains could only be built overseas, and that the Newman Government therefore had no choice in the matter.
It is unfortunate that in his letter to you Mr Speaker, the Member has sought to selectively quote the Forde Inquiry Report to support his allegation, which I maintain to be baseless.
While it is factually accurate that a procurement process commenced under the Bligh Government, firstly, that decision did not necessarily mean that it was no longer possible for a local manufacturer to build the trains. Indeed, commencing a procurement process cannot lawfully pre determine any particular outcome.
Secondly, the Commission of Inquiry found that the method of procurement changed under the Newman Government:^
“On 8 May 2012, following the state election on 24 March 2012, the new Minister for Transport and Main Roads requested that the NGR project be put on hold pending an independent commission of audit into the state’s finances and consideration of whether the project’s 'funding and delivery method provides the best overall transport and financial outcome.
Both proponents were reported to have responded positively to an availability PPP model and CBRC endorsed progressing the availability PPP model in November 2012. On 4 December 2012 the two proponents were advised that the pause on procurement had been lifted and updated RFP documents reflecting changes to the project would be provided.
It further found that:®
"Changing the procurement model to an availability PPP procurement so late in the process created disruptions for the project team. It required the recommencement of the RFP phase, and caused difficulties for the two shortlisted proponents with one reportedly better able to adapt to the change as they revised their proposals.
The timing of the change also prevented other parties who were interested in bidding under the PPP model from participating in the process. Downer EDI requested re-inclusion in the process under the new model, and other parties may have been similarly interested in tendering for the contract given that it was four years
See pages 27, 28: https.7/www.tra}nlnauifvner.qld.gov.au/assets/custom/docs/coi-final-report-2018.pdf * See pages 35-35: https://www.traininquirvner.qld.gov.au/assets/custom/docs/coi-flnal-report-2018.pdf
2 since market interest was tested with the EOl. Restricting the field to the two shortlisted proponents for such a significant change to the procurement model may have been challenged by other potential suppliers. However, the Commission notes that the process contracts were in place with the two shortlisted proponents, which potentially limited the State’s capacity to reopen the bidding process. While the Commission makes no finding on the appropriateness or value for money of an availability PPP model for the procurement of the NGR trains, In the Commission's view, changing to a PPP model so late in the procurement process was disruptive. This view was shared by a range of stakeholders interviewed by the Commission, including the probity auditor."
Thirdly, while Downer EDI had withdrawn from the process in 2011, there was an opportunity to restore Downer EDI to the process during the term of the Newman Government. In fact, the Forde Inquiry found that:’’
“Market interest in new model On 11 March 2013, Downer EDI, which had withdrawn as a member of one of the consortia involved in the procurement process in 2011, requested that consideration be given to its re-inclusion in the process for the procurement of the NGR trains under the availability PPP model. TMR, as project lead, declined Downer EDI's request on 25 March 2013".
It is clear from the Forde Inquiry Report that the Newman Government signed a contract to build trains overseas, despite there being an opportunity during the procurement process, which was paused but re-commenced during their term, to seek to progress building the trains locally in Maryborough.
Conclusion
Section 37 of the Parliament of Queensland Act defines the meaning of “contempt" of the Assembly as follows:
(1) "Contempt” of the Assembly means a breach of disobedience of the powers, rights or immunities, or a contempt, of the Assembly or its members or committees. (2) Conduct, including words, is not contempt of the Assembly unless it amounts, or is intended or likely to amount, to an improper interference with
(a) the free exercise by the Assembly or a committee of its authority or functions; or (b) the free performance by a member of the member’s duties as a member.
Central to the tenets of “contempt" is that the conduct offends the authority or dignity of the House or indeed a breach of a duty legitimately imposed by the House upon its members.
Standing Order 266(2) provides that the legislative assembly may treat deliberately misleading the House or a committee as a contempt.
There are three elements to be established: 1. The statement must, in fact, have been misleading: 2. It must be established that the member knew at the time the statement was made that it was incorrect: and 3. In making it, the member must have intended to mislead the House.
David McGee, in “Parliamentary Practice in New Zealand", and prior ethics committees have noted that the standard of proof demanded in cases of deliberately misleading parliament is a civil standard of proof on the balance of probabilities. Consistent with the sliding scale observed in
See page 28: https://www.traininqulrvnfir.qld.eov.au/assets7custom/docs/col-final-repoft-2018.pdf 3 Bnginshaw, what is required is proof of a very high order having regard to the serious nature of the allegations. Inadvertence will not be enough. Nor will recklessness.®
Mr Speaker, in my submission the first element of contempt is simply not made out. As is on the public record, and as established in the Forde Inquiry Report, the NGR contract for trains to be built overseas was signed by the Newman Government.
Downer EDI sought to re-engage with the procurement process under the Newman Government, but were refused.
I am concerned that the Member has elected not to include reference to this fact in his letter to you, and suggest that this may amount to a contempt of Parliament in of itself. I note that the Member for Chatsworth was the Assistant Minister for Transport in the Newman Government, and I ask you in your deliberation of this matter to consider the Member’s selective recitation of the report to you as Speaker of the Legislative Assembly.
Further, it is a matter of public record that under the Palaszczuk Government, following extensive consultation with the disability sector, NGR rectification work is being undertaken in Maryborough, and is supporting local jobs.
For completeness, in relation to the remaining elements, the element requiring that the member knew, at the time the statement was made, that it was incorrect, cannot be made out. As already submitted, it was not incorrect; and it follows that I did not “know” it was incorrect.
The third and final element requires that the member must have intended to mislead the House. I had no such intention.
Mr Speaker, I unequivocally confirm that I did not make a false statement or mislead the house, that I did not knowingly make any statement that was incorrect, and that I did not intend to mislead the House.
Further, in relation to comments 1 may have made in previous years about this subject matter, which the Member for Chatsworth refers to, I understand that previous rulings and advice is that allegations of this nature should be raised contemporaneously and without delay. I therefore submit that they should be dealt with accordingly.
It is respectfully submitted that you would conclude that there is no proper basis for referral of the subject matters of the requested referral from the Member for Chatsworth to the Ethics Committee.
I trust this information helps in your consideration of this matter.
I would be pleased to provide any further information, should that be of assistance.
V.
MARK BAILEY MP Minister for Transport arid Main Roads
® See, for example. Ethics Committee Report No 121, paragraphs 19,34-41; Ethics Committee Report No 120, paragraphs 14,43 - 44; Ethics Committee Report No 119, paragraphs 17,45, 54-55 (no finding of deliberate misleading even though the statement made was highly misleading and recklessly made) Report Number 115, paragraphs 21,40 - 41; Ethics Committee Report No 107, 38 -40 (no finding of deliberate misleading in respect of an allegation of doctoring of a statement by another Member, based on an Courier Mail article). 4 Media release JOINT STATEMENT Premier The Honourable Campbell Newman Treasurer and Minister for Trade The Honourable Tim Nicholls Minister for Transport and Main Roads Qyeensland Govemmerit The Honourable Scott Emerson
Monday, November 18, 2013
Preferred tenderer for new Queensland trains
The delivery of 75 new six-car trains for the Queensland fleet is a step closer with Bombardier NGR Consortium being announced as the preferred tenderer.
Premier Campbell Newman said the fleet would be a boost to public transport and would be built to operate on the new and innovative Underground Bus and Train project.
“The New Generation Rollingstock project is the largest order of new trains in Queensland and lives up to this Government’s election promise to deliver better planning and Infrastructure,” Mr Newman said.
“Unlike the previous Labor government we are committed to increasing capacity on our growing network not driving people away by slugging them with 15 per cent fare increases.
“The day after announcing one of the most innovative public transport solutions in the world, we are getting on with the job of delivering a new passenger fleet to travel on the steeper slopes needed for the Underground Bus and Train project.”
Treasurer Tim Nicholls said the Government was securing the best deal for Queensland by using an availability payment public-private partnership finance option.
“There has been a rigorous procurement process with tenderers having to demonstrate value for money and innovation in their bids,” Mr Nicholls said.
“The project team has entered into negotiations with the Bombardier NGR Consortium, comprising Bombardier Transportation Australia, John Laing, ITOCHU Corporation and Uberior.”
Transport and Main Roads Minister Scott Emerson said all 75 trains were to be delivered and in service by December 2018 boosting the existing train fleet to meet the growing demand for rail services in south-east Queensland.
“The contract includes purchasing 75 new six-car trains, maintenance of the trains for a period of around 30 years, and construction and maintenance of a modern, purpose-built maintenance centre at Wulkuraka in Ipswich,” Mr Emerson said.
“The contract will be finalised In the coming months with the testing of the first completed train expected to commence in late 2015.” Transport and Main Roads is delivering the project in partnership with Projects Queensland.
[ENDS] 18 November 2013
Media contact:
Andrew Berkman 0429 128 637 Maree Lacey 0409 947 957 ♦
Media release JOINT STATEMENT Treasurer and Minister for Trade The Honourable Tim Nicholls Minister for Transport and Main Roads Queensbnd Government The Honourable Scott Emerson
Wednesday, January 29, 2014
New trains for half the price
A multi-billion dollar contract to deliver 75 new trains in South East Queensland will save taxpayers more than $11 million per train.
Treasurer Tim Nicholls and Transport and Main Roads Minister Scott Emerson said Bombardier NGR Consortium has been contracted to design, build, finance and maintain the new trains under a 32-year contract valued at about $4.4 billion.
“Under this deal we are delivering 75 six-car trains at almost half the price of what the previous Labor government paid for its rollingstock,” Mr Nicholls said.
“The contract will deliver the new trains over the next five years and maintenance for a 32-year operational period, at a fixed price, so there are no hidden surprises for taxpayers.
“This project Is a perfect example of the Newman Government delivering on Its election promises by providing better Infrastructure and better planning, working with the private sector to deliver cost-effective projects.”
Mr Emerson said this was the largest single public transport investment by any Queensland Government and would expand the existing fleet and replace old rollingstock.
“This project will provide almost 500 full-time local jobs, including 150 full-time new ongoing maintenance positions at the modern, purpose-built maintenance facility at Wulkuraka in Ipswich West,” Mr Emerson said.
“This investment will increase the capacity of our rail fleet by about 30 per cent and will mean more trains more often.
“Unlike the previous Labor government we have been able to deliver new trains for less by paying around $13.7 million per six-car set compared with Labor who paid almost twice that amount.
“All new trains will be fitted with modern features to Increase passenger comfort and safety and will be compatible with the existing rail network and the new Underground Bus and Train network.”
Bombardier Transportation Senior Adviser Dan Osborne said Bombardier was pleased to continue its long-term relationship with Queensland.
‘We’re continuing to support the state’s rail system, as we have done since the 1970s,” Mr Osborne said.
Arrival and testing of the first of the new trains will begin in late 2015.
[ENDS] 29 January 2014 Media contact: Treasurer: Maree Lacey0409 947 957
Minister Emerson: Stephanie Shield 0418 186 625 Media release JOINT STATEMENT Premier and Minister for Trade The Honourable Annastacia Palaszczuk Minister for Transport and Main Roads Queensland Goverftment The Honourable Mark Bailey
Monday, December 10, 2018
Making Our New Trains Accessible for Everyone
Queensland will have one of the most inclusive modern train fleets in Australia with accessible toilets on every NGR train and double the priority seating for people with disabilities.
The enhanced rectification plan announced today includes a second toilet on all 75 NGR six car sets, increasing the size of toilet modules by 10% and new functional improvements for people with disabilities.
The $335.7 million fix follows the Forde Inquiry into how Queensland’s New Generation Rollingstock was designed and ordered.
“I am pleased the Inquiry has provided a thorough examination of this process and we are getting on with the Job of fixing what went wrong,” the Premier said.
The Inquiry was critical of the previous lack of consultation with and adherence to the rights of people with disabilities.
The Premier said making the trains right was agreed to after long and careful consultation with the disability sector.
A special project working group was established with members from the TMR and Qld Rail accessibility reference groups.
They worked in partnership with engineers from TMR, Bombardier and Downer to ensure the rectification designs were not only compliant with legislation, but as functional as possible.
"This will also create jobs for Queenslanders with the work carried out In Maryborough,” the Premier said.
Following extensive consultation with disability advocates on design options, including a trial run by Griffith University, the government will be extending the footprint of the existing toilet module and making sure there are two larger toilet modules on ail 75 new trains.
The NGR modifications will include:
• installing larger toilet modules (10 per cent larger than the previous design) In the middle carriages across the entire fleet to allow passengers who use mobility devices to access the toilet from both accessible carriages • doubling the number of priority seating from 24 to 48 seats per six car train • revised seating layouts that make access easier for passengers using a mobility device, and further functionality Improvements to internal fittings and carriage features
The cost is within the existing NGR budget.
All rectification work will be done at Downer EDI in Maryborough and is estimated to support 100 jobs.
Member for Maryborough Bruce Saunders said the government’s insistence Downer be part of the solution is welcome.
“Maryborough has a long and proud tradition of building Queensland’s trains," he said.
"As long as I’m here I am going to make sure it continues.” fl Transport Minister Mark Bailey said work was due to start on the first train modification next year before all the trains were progressively upgraded by early 2024.
“I asked my Department to have extensive engagement with the disability sector to finalise the modification design.
“I appreciated the opportunity to meet with members of the working group to discuss these issues and hear their input directly,” he said.
“The first train to be upgraded to meet all operational and functional requirements Is expected to go back into customer service In 2020.
“Subsequent trains will be upgraded quickly with up to eight trains undergoing modifications at a time.
“The revised cost is based on all the design, build and compliance work in doubling the toilets and priority seating and other changes to all 75 trains.
“I would like to thank the NGR Accessibility Project Working Group and our Accessibility Reference Groups (ARG) fortheir ongoing advocacy and tireless work in making sure we get these upgrades correct.
“The Project Working Group members have generously given their time and expertise to ensure we have developed a new train design that is compliant with Improved functionality and will also provide an Inclusive and equitable service to passengers with a disability.”
Project Working Group member John Mayo, from Spinal Life Australia, said the disability advocates had worked tirelessly in making sure they get these functional outcomes correct.
“Our objective Is to advocate for the best access possible for every customer. When a solution meets the needs of customers with disabilities, the solution maximizes the benefits for all other customers,” Mr Mayo said.
"We will continue to work closely with the NGR team throughout the design and construction phases to provide an accessible, Inclusive customer experience.”
There are currently 37 of the 75 new six-carriage trains running across the network on the Gold Coast, Airport, Doomben, Northgate, Redcliffe Peninsula, Springfield, Ipswich and Caboolture lines.
The new trains have allowed QR to add 46,000 seats a week on 193 Queensland Rail services.
For more details on the NGR accessibility upgrades go to www.tmr.ald.qQv.au/nqr / http://www4mr.qld.gov,ay/ngr)
ENDS
Media contact:
Shane Doherty - 0439 624 473