Report No. 17 REPORT ON A MATTER OF PRIVILEGE— THE ALLEGED MISLEADING OF THE HOUSE BY A MINISTER ON 20 AUGUST 1997 LEGISLATIVE ASSEMBLY OF QUEENSLAND MEMBERS’ ETHICS AND PARLIAMENTARY PRIVILEGES COMMITTEE REPORT ON A MATTER OF PRIVILEGE: THE ALLEGED MISLEADING OF THE HOUSE BY A MINISTER ON 20 AUGUST 1997 REPORT NO. 17 MEMBERS’ ETHICS AND PARLIAMENTARY PRIVILEGES COMMITTEE REPORTS DATE TABLED 1. Annual Report 1995/96 8 August 1996 2. Review of the Register of Members’ Interests of the Legislative 30 October 1996 Assembly 3. Report on a Matter of Privilege—The Alleged Misleading of the 29 January 1997 House by the Deputy Premier, Treasurer and Minister for The Arts on 12 November 1996 4. Report on a Matter of Privilege—The Alleged Misleading of the 29 January 1997 House by a Minister on 14 November 1996 5. Report on a Citizen’s Right of Reply No.1—A response to 20 March 1997 matters raised in the Legislative Assembly on 31 October 1996 6. Report on a Citizen’s Right of Reply Numbers 2, 3 and 4—A 10 July 1997 response to matters raised in the Legislative Assembly on 18 March 1997 and 19 March 1997 7. Report on the Sub Judice Convention 11 July 1997 8. Annual Report 1996/97 22 September 1997 9. Report on a Citizen’s Right of Reply Numbers 5 and 6 30 October 1997 10. Report on a Matter of Privilege: Alleged Contempt by the 30 October 1997 Criminal Justice Commission—Matter Referred to the Committee on 3 December 1996 11. Report on a Matter of Privilege: Matter Referred to the 26 November 1997 Committee on 2 September 1997 12. Report on a matter of privilege: Matter arising in the Anti- 27 November 1997 Discrimination Tribunal–Freedom of Speech 13. Report on a matter of privilege referred to the committee on 22 19 December 1997 September 1997 14. Report on study tours by two delegations of the committee– 23 December 1997 June and July 1997 15. Report on a matter of privilege: Alleged Contempt by the 15 April 1998 Attorney-General for failing to resign his Ministerial Office following a vote of no confidence in him by the Legislative Assembly—Matter referred to the committee on 2 September 1997 16. Report on a matter of privilege referred to the committee on 15 April 1998 3 March 1998 concerning the tabling of a document from a former cabinet ISSUES PAPERS 1. A Code of Conduct for Members of the Legislative Assembly 8 August 1996 2. The Sub Judice Convention 18 March 1997 3. Parliamentary Privilege in Queensland 19 August 1997 INFORMATION PAPERS 1. Citizen’s Right of Reply—Queensland Legislative Assembly 3 December 1996 MEMBERS’ ETHICS AND PARLIAMENTARY PRIVILEGES COMMITTEE 48TH PARLIAMENT SECOND SESSION CHAIRMAN: Ms Lyn Warwick MLA, Member for Barron River DEPUTY CHAIRMAN: Mr Clem Campbell MLA, Member for Bundaberg MEMBERS: Hon Jim Fouras MLA, Member for Ashgrove Mr John Hegarty MLA, Member for Redlands Mrs Linda Lavarch MLA, Member for Kurwongbah Miss Fiona Simpson MLA, Member for Maroochydore RESEARCH DIRECTOR: Mr Neil Laurie SENIOR RESEARCH OFFICER: Ms Meg Hoban SENIOR RESEARCH OFFICER: Ms Barbara Petrie-Repar EXECUTIVE ASSISTANT: Ms Sandy Musch CONTENTS 1. INTRODUCTION AND BACKGROUND .....................................................................1 2. THE REFERENCE..........................................................................................................1 3. CHRONOLOGY OF EVENTS .......................................................................................1 4. PARTICULARS OF MR PEARCE’S COMPLAINT....................................................4 5. THE COMMITTEE’S INQUIRY...................................................................................5 5.1 Procedure in privileges matters .....................................................................................5 5.2 Chronology of the committee’s inquiry .........................................................................6 6. JURISDICTION OF THE COMMITTEE .....................................................................7 7. PARLIAMENTARY LAW AND PRACTICE PERTAINING TO THE CONTEMPT OF DELIBERATELY MISLEADING THE HOUSE........................................................7 7.1 The burden of proof .....................................................................................................8 8. ANALYSIS OF THE MEMBER’S SUBMISSION AND THE MINISTER’S RESPONSE..........................................................................................................................9 8.1 The unions which participated in the dispute.................................................................9 8.1.1 Minister’s response ..............................................................................................10 8.1.2 Analysis and comment..........................................................................................11 8.1.3 Conclusion 1........................................................................................................12 8.2 The difference between a “protected action” and a “strike”.........................................12 8.2.1 Minister’s response ..............................................................................................12 8.2.2 Analysis and comment..........................................................................................13 8.2.3 Conclusion 2........................................................................................................15 8.3 The Minister’s efforts to conclude the dispute.............................................................15 8.3.1 Minister’s response ..............................................................................................15 8.3.2 Analysis and comment..........................................................................................16 8.3.3 Conclusion 3........................................................................................................17 9. MISUNDERSTANDINGS DURING PARLIAMENTARY DEBATE ........................17 10. A BREACH OF ARTICLE 9 OF THE BILL OF RIGHTS 1689 (UK)......................18 10.1 Proceedings before the Australian Industrial Relations Commission ..........................18 10.2 Analysis and comment ..............................................................................................20 11. SUMMARY OF FINDINGS AND CONCLUSIONS .................................................20 12. RECOMMENDATION ...............................................................................................21 CHAIRMAN’S FOREWORD CHAIRMAN’S FOREWORD On 20 October 1997, the Honourable the Speaker referred a matter of privilege to the Members’ Ethics and Parliamentary Privileges Committee. The matter related to an allegation that the Minister for Training and Industrial Relations had deliberately misled the Parliament by his Ministerial Statement in the Legislative Assembly on 20 August 1997. The committee has concluded that there is no evidence that the Minister deliberately misled the Parliament and has recommended that no further action be taken in the matter. I would like to thank all parties involved for their prompt attention to committee requests. I also wish to acknowledge the efforts of all committee members in the consideration of this matter. On behalf of the committee, I also wish to thank the committee secretariat for their assistance. Lyn Warwick MLA Chairman 20 April 1998 REPORT ON A MATTER OF PRIVILEGE: THE ALLEGED MISLEADING OF THE HOUSE BY A MINISTER ON 20 AUGUST 1997 1. INTRODUCTION AND BACKGROUND The Members’ Ethics and Parliamentary Privileges Committee (“the committee”), which replaces the former Select Committee of Privileges, was established by the Parliamentary Committees Act 1995 (Qld) (“the Act”). With the subsequent enactment of the Parliamentary Committees Legislation Amendment Act 1996 (Qld) the committee was given powers to call for persons and documents. Pursuant to ss. 14 and 17 of the Parliamentary Committees Act 1995 (Qld) the committee has responsibility for the area of parliamentary privilege, including the privileges of the Legislative Assembly, its committees and members, and responsibility for considering any matter of privilege referred to it by the Honourable the Speaker or by the Legislative Assembly. On 20 October 1997, Mr Speaker referred a matter of privilege raised by the Member for Fitzroy, Mr Jim Pearce MLA, to the committee for consideration. The matter related to a ministerial statement on 20 August 1997 by the Minister for Training and Industrial Relations, the Honourable Santo Santoro MLA, concerning the Curragh coal mine dispute. 2. THE REFERENCE The reference to the committee is set out in the Votes and Proceedings of the Legislative Assembly, No. 81 dated 28 October 1997, at p.820. The ministerial statement which is the subject of the reference is set out in the Hansard of the Legislative Assembly for 20 August 1997, at pp.2999-3000. [See Appendix 1.] The Minister also issued a media release concerning the matter. [See Appendix 2.] During the Adjournment Debate on 20 August 1997, Mr Pearce made a statement on this matter which is set out in the Hansard of the Legislative Assembly for 20 August 1997, at pp.3078-3079. [See Appendix 3.] During the Adjournment Debate on 7 October 1997, Mr Pearce made a further statement on this matter which is set out in the Hansard of the Legislative Assembly for 7 October 1997, at pp.3650-3651. [See Appendix 4.] A further ministerial statement responding to Mr Pearce’s Adjournment Debate speech on 7 October 1997 was subsequently made by the Honourable the Minister on 9 October