The Hon. Cameron Dick MP Treasurer Government Minister for Infrastructure and Planning 1 William St Brisbane 1 GPO Box 611 Brisbane Queensland Legislative Assembly Queensland 4001 Australia Number:. Telephone 07 3719 7300 Email [email protected] robw Website www.treasury.qld.gov.au By Leove ABN 90 856 020 239 15 July 2020 Clerk's Signature:, The Honourable Curtis Pitt MP Speaker of the Legislative Assembly Queensland Parliament Alice Street BRISBANE QLD 4000 Email; [email protected] Dear Mr I wish to draw your attention to a matter of privilege concerning statements made in the House on 14 July 2020 about the reopening of Queensland’s border by the Member for Everton. I submit that in making these statements, the Member deliberately misled the House and is in contempt of the Parliament, in breach of Standing Order 266 of the Standing Rules and Orders of the Legislative Assembly (Standing Orders). In particular, during the Motion on the Business Program, the Member for Everton made the following statement; “We [the Opposition] did mention 64 times that the borders should be opened as per the program that the Premier originally put out. [...] The Premier listened to our advice and opened the borders on 10 July as their business principles actually stated.” This statement is incorrect, and 1 believe the Member knew the statement to be incorrect when he made it, because the Opposition was instead calling for an earlier opening of borders. On 8 May 2020, the Premier released an updated Roadmap to easing Queensland’s restrictions, which included the provision that, from 10 July 2020: “Subject to further planning and review, intrastate and interstate travel will be permitted”. On 16 June 2020, the Premier referred to this Roadmap in the House: "We have put in place a very clear road map. The Prime Minister has said July. Our road map says July, and we are gearing up to that. We will assess it at the end of the month. Make no mistake. At the end of the month we will review it, and if New South Wales and Victoria have community transmission under control then the borders will open in mid-July as per the road map. I cannot be clearer” 2 On 17 June 2020, the Leader of the Opposition moved a motion referring to the Roadmap, noting among other provisions that: "published on 8 May, the Premier’s road map says that interstate travel will be permitted from 10 July”. To the best of my recollection, the Member for Everton was in the chamber when these statements were made. The Member for Everton has repeatedly called on the Government to open Queensland’s borders ahead of schedule, including on 1 July 2020. Specifically, a media release published from the LNP dated 26 June 2020 cites the Member for Everton as follows: “LNP Deputy Leader Tim Mander said the LNP understands that businesses and visitors need certainty and so we support re-opening our border to all Australians from 1 July. ” The Leader of the Opposition also published an opinion piece on 25 June 2020 in the Courier Mail entitled Coronavirus Qld: Why state must re-open the borders on July 1 - Deb FrecMington The adoption of this position - to reopen the borders earlier than the roadmap provided - was the subject of extensive reporting, including analysis by ABC analyst Peter McCutcheon published on 23 June 2020. In his remarks to the House on 14 July 2020, the Member misled the house by falsely claiming that the Opposition merely wanted the original timetable observed when, in fact, the LNP Opposition had adopted a position that the border should open on earlier, including on 1 July. Accordingly, I recommend that the Member be referred to the ethics committee. Section 37 of the Parliament of Queensland Act 2001 sets out the meaning of contempt of the Assembly as; (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 Orders 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);” 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. 3 I will address each of these elements in turn. 1. The statement must have been misleading I submit that statement made by the Member was false and misleading. The Member for Everton said that the Opposition was seeking that the Premier open borders in line with the original roadmap, but the public record shows that the Opposition was seeking an earlier opening of Queensland borders to all Australians. 2, The member making the statement must have known, at the time the statement was made, that it was incorrect The Member for Everton has publicly supported the re-opening of Queensland borders to ail Australians before 10 July 2020, including on 1 July 2020 as cited in his own media release. 3. in making the statement, the member intended to mislead the House The Member for Everton made his statements in the context of being embarrassed due to the recklessness of the LNP’s policy. The Member for Everton’s statements were clearly designed to obfuscate what the Opposition’s previous policy was. Furthermore, the Member has made no attempt to correct the record. This context is demonstrative of an intent to deceive members and make it appear as though LNP’s past policies were reasonable. Conclusion Mr Speaker, I submit that this information is sufficient to establish that the Member for Everton has made statements to the House that are misleading, statements that he knows to be incorrect, and that, in so doing, he has intended to mislead the House. I therefore submit that the Member for Everton is, prima facie, in breach of Standing Order 266 of the Standing Orders and is in contempt of the Parliament. Accordingly, I ask that you refer this matter to the Ethics Committee for its consideration of whether the Member for Everton is in breach of the Standing Orders. Yours sincerely t ,VVVVA''''Vvrv\ CAMERON DICK MP T reasurer Minister for Infrastructure and Planning Member for Woodridge Your Ref: Our Ref: 200728-OUT-Mander 28 July 2020 Mr Tim Mander MP Deputy Leader of the Opposition Member for Everton Email: [email protected] Dear Tim I have received correspondence from the Treasurer, Minister for Infrastructure and Planning dated 15 July 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 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 + 617 3553 6709 Email [email protected],gov.au Web www.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 11 August 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 Deputy Leader of the Opposition and Shadow Treasurer 18 August 2020 Hon. Curtis Pitt MP Speaker of the Legislative Assembly Parliament House Alice Street BRISBANE QLD 4000 By email: [email protected] Dear Mr Speaker, I refer to your letter of 28 July 2020, relating to a submission you have received from the Member for Woodridge dated 15 July 2020.