Han Fiona Simpson MP Speaker of the Legislative Assembly Parliament House George Street BRISBANE QLD 4000
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CURTIS PITT MP LEADER OF Of'POSITIOI~ BUSINESS MEt,mER FOR MULGRAVE PO Bm( 15057, ChyEastQlD 4002 recertion(Qloppositlon.ald.gov.au (!Hi 3232 l'i767 Han Fiona Simpson MP Speaker of the Legislative Assembly Parliament House George Street BRISBANE QLD 4000 Dear Madam Speaker Re: Hon Tim Nicholls MP; Hon Campbell Newman MP; Hon Jack Dempsey MP; Hon Steve Dickson MP; Hon Tim Mander MP; Mr I an Berry MP; Mr Trevor Watts MP; Mr Jon Krause MP, Hon Dr John McVeigh MP; and Miss Verity Barton MP I wish to draw to Madam Speaker's attention a number of matters of privilege that have arisen during the course of Parliamentary Proceedings over the past couple of weeks. The Premier, a number of Ministers and various backbench Members of Parliament have made statements relating to 'Labor's $80 billion debt'. There are three elements to be proven in order to establish that a member has committed the contempt of deliberately misleading the House: 1. The statement must have been misleading; 2. The Member making the statement must have known, at the time the statement was made, that it was incorrect; and 3. In making the statement, the Member intended to mislead the House. Section 37 of the Parliament of Queensland Act 2001 sets out the meaning of contempt of the Assembly thus: (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. (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. Standing Order 266 of the Standing Rules and Orders of the Legislative Assembly sets out examples of what might constitute a contempt of the Parliament and, whilst not limiting the power of the House to the matters contained therein, includes a reference, in sub-paragraph (2), to: deliberately misleading the House or a committee (by way of submission, statement, evidence or petition); I will now set out the Statements which I allege are misleading and in breach of Standing Order 266, constituting a Contempt of the Assembly. Hon Tim Nicholls MP On 4 March 2014, the Treasurer made the following statement to the House: during Ministerial Statements: Hon. TJ NICHOLLS (Ciayfield-LNP) (Treasurer and Minister for Trade) (9.48 am): 'It gives me no pleasure to report to the House that Labor's debt of $80 billion has seen our interest payments continue to rise. In the 19 days since we last sat in this place the interest bill on Labor's $80 billion of debt has accumulated another $205.2 million in interest payments. If it were not for this government's sound financial management, that figure would be even higher.' This is reported at page 303 of the Official Record of Proceedings, which could be found here: htto://www.parliament.nld.nov.au/documents/hansard/2014/2014 03 04 WEEKL Y.pdf Later in his statement, at page 304, he said: 'No wonder we are holding $80 billion of Labor debt', and then again he said, 'The level of growth we are experiencing is not enough to sustain us into the future while we are weighed down by the $80 billion debt those opposite left Queensland as their legacy.' On 6 March 2014, during a Ministerial Statement on Queensland Economy, the Honourable the Treasurer said: 'What is holding us back? Labor's $80 billion black cloud of debt'. This is reported at page 474 of the Official Record of Proceedings, which can be found here: htto:l/www.parliament.qld.nov.au/documents/hansard/2014/2014 03 06 WEEKLY.PDF Later in his statement, at the same page of the Official Record of Proceedings, he said: 'It is time for all Queen slanders to consider the choices that we want to make to reduce our debt-to reduce Labor's $80 billion debt, to reduce Labor's deficit and to secure the state's financial future' 2 Later on the same date, in response to a Question Without Notice from Mr Anthony Shorten MP, the Member for Algester, the Treasurer said: 'And still the interest repayments on Labor's $80 billion worth of debt continue to grow. On 18 March 2014, during a Ministerial Statement entitled Economic and Fiscal Challenges, the Treasurer, Mr Nicholls, informed the Parliament 'Since we last gathered in this House, Queenslanders have paid out another $129 million in interest payments on the $80 billion legacy of debt that the government inherited from those opposite.' This is reported at page 563 of the Official Record of Proceedings which can be found here: htto:l/www.oarliament.qld qov.auldocumentslhansard/2014/2014 03 18 DAIL Y.odf On 20 March, in a Ministerial Statement entitled Queensland Economy, the Treasurer said: 'Last week I held a number of consultations with community leaders in Cairns, the Gold Coast and the Sunshine Coast. To be honest, some of the people I have talked to have been shocked when confronted by the sheer size of Labor's $80 billion worth of debt and how it is holding Queensland back.' This is reported at page 776 of the Official Record of Proceedings, which can be found at: http://www.oarliament.old.oov.au/documents/hansard/2014/2014 03 20 DAIL Y.odf In the same Ministerial Statement the Treasurer established on the Parliamentary record that he knew that Labor had not left $80 billion in debt. The Treasurer said that: 'I hear the member for Mulgrave talking about the money we added. Let us have a look just to clear up the record because there are a few furphies being peddled by members over there. According to the state budget of 2011-12 and the midyear economic and fiscal review produced by that doyen of budgeting, former member Andrew Fraser, there was $36 billion worth of deficit. This was his last midyear economic update.' And that: 'They can give, but they cannot take-except when it comes to taxpayers' dollars. Let us look at the borrowings. According to table 16 on page 34, under Labor and their last budget, where were they heading? What does the number actually say? This is what they produced.' 3 And then said: 'Where was it when they left? When they left, it was at $68 billion and every year it was going up.' This establishes that the Treasurer was knowingly and deliberately misleading the house in relation to his claim that Labor left $80 billion of debt. Furthermore, his statement that Labor left $68 billion in debt was also misleading and the Treasurer must have made this statement knowingly and with the intention to mislead. When delivering this statement. the Treasurer was clearly reading from an official Treasury document- even going so far as to reference a page number and source table. The table that he referred to is detailed below for reference and clearly sets out that Labor left revised 2011-12 gross debt of $62.352 billion. Nowhere in this table is there any reference to a debt figure of $68 billion or $80 billion as asserted by the Treasurer in the House. · · · ·~'l'able1a· · ··. · No!l'finaoclal Public sector BalanCQ Sh~l' 20 1-12 1frl1-12 2012--13 2013-14 2014-15 Budg"'l Revist;:d ProjecUon Projectmn Prqt:d'!Gn S m\llior1 fi. million S million S million S million Assets Finandal Assets Cclsh and d<:poslts 1,996 2.080 2.316 2,5D9 2.687 Ar.!vances pa1d 1 7flfo 1,117 1.114 U11 1,128 lm•estrnems. luam; ;,mll pi<HJ:<Illtmt:s 34.400 ~.845 35,894 37 2C3 :>0.263 Rec~ivables ~l,t>;.:> f:;,28~ 5,451 5,627 5,748 Equ1ty 1rwBStmu11ts In o\her public sector entities (1,0881 11,511) (1,[\'i 1) (1.511) (1.511_l lnv.estmer~ts- ott1er 222 2B5 3<1-5 MD 378 Total Financial Assets 4'1.45-8 42.100 43.609 45.421 4&,693 Non-flnam:lal Assets L;;r,r;. and other !\:.:ed a:soots 2-40.347 232.140 ?-13207 ,751.8.25 169 5:f5 O!her r~cn-fir.ancal assets 791 917 982 1.054 1,170 "Total Non-financial Ass.e\s :N-1.13.8 2J3.057 244,H>S 252.879 2:.'/_i}~T Total AS'Se~S 282.59£ 275,156 :2!!7 .797 298.300 307.:mo Liabilities Payables 4.123 4.657 4.795 4 881 4.984 '-''il:Ceo,-c;n."J\Z..:;.lc:•··J ilability 25,0:32 25{i?7 25,929 20.102 2fi, 12;' O!her employee bene1'its 5.598 5.723 6..122 6 542 B.B55 J)s;_:;::_,:;::-;s held 1D 23 26 28 30 Advan~e~ r<J-celved 740 5il4 572 555 511 Borrow no 65,033 132.352 74.172 81.~178 B\).:':17$. Otll.er llabilitier; 4,HB 4.859 •L910 5.004 5.21!) "Total lir.ibi!ities 105573 lD3.875 110.527 12rt,(1B-) 1:?9.i% NelWorth 177.023 171.282 171.271 173.719 178.195 Net Financial Worth (64.115) ~-£1.Ti5) l72.91B) {79,159) (82.602) Net Finanslal Liabi!ltleB £3,028 6D2G-l 71,407 n.Ma 80.991 Net Qgbl.