Get Involved - Parliament

NSW Labor

Published on: July 2019

Record: HANSARD-1323879322-106407

NSW Labor

Priority

Mr ALISTER HENSKENS (Ku-ring-gai) (16:10:13):

I move:

That this House:

(1)Notes that an August public inquiry has been announced by the Independent Commission Against Corruption into NSW Labor.

(2)Notes the Independent Commission Against Corruption inspector's report dismissing NSW Labor's complaint against the Independent Commission Against Corruption.

.

(3)Notes that the Independent Commission Against Corruption referred to assertions in NSW Labor's complaint as entirely scurrilous

(4)Calls on the Leader of the Opposition to apologise to the Independent Commission Against Corruption on behalf of NSW Labor.

It was a very sorry state of affairs when we learned this morning from the Independent Commission Against Corruption that, commencing on 26 August 2019, there will be a six-week public hearing that will rip the scab off the dodgy relationship between the New South Wales Labor Party and illegal donations to it. It is extraordinary how these matters came to the public's attention. It is a classic case of an own goal by the New South Wales Labor Party. The party wrote a letter complaining about the execution of a search warrant on the premises of the New South Wales Labor Party.

Ms Anna Watson:

You lot wanted to get rid of ICAC.

The DEPUTY SPEAKER:

Order! The member for Shellharbour will either resume her seat or leave the Chamber.

Mr ALISTER HENSKENS:

In completely overblown language, Labor asserted that ICAC engaged in conduct that it said might amount to maladministration—an extraordinary allegation. That allegation was met with the response from ICAC that the assertion of any maladministration by ICAC was entirely scurrilous. ICAC was fulfilling its statutory obligation to investigate matters that were in its possession. According to the report by the Inspector of the Independent Commission Against Corruption, Bruce McClintock, SC, the investigation that is being undertaken by ICAC into NSW Labor will investigate false statements in electoral declarations and investigate schemes to circumvent donation restrictions and other offences involving failure to keep records. This is a major ICAC investigation into NSW Labor. As is clear from the inspector's report, it will also involve possible foreign influence in New South Wales electoral processes.

The investigation would appear to be centred around, in particular, a March 2015 Chinese Friends of Labor dinner. I have a photograph in my possession that was taken at the dinner, and it must be said that it will be very difficult for any member of the New South Wales Labor Party to speak to this motion without potentially compromising their probable evidence before ICAC. This photograph is not a police line-up so I may wrongly identify some of the people. The photograph shows that the Hon. Adam Searle was in attendance, as was the failed New South Wales leader aspirant, the member for Kogarah—someone whom I should refer to as the shadow Opposition leader, the reserve or the next Opposition leader, probably in about 18 months. The member for Summer Hill, the member for Bankstown, the Hon. Shaoquett Moselmane, MLC, and the member for Heffron— unless I am identifying him wrongly in the photograph—were also there.

The Labor mayor of Ryde, Jerome Laxale, was there. Former upper House member the Hon. Ernest Wong was there. The former New South Wales Leader of the Opposition, Luke Foley, was there, as well as the almost Australian Prime Minister Bill Shorten—he will have to retract those comments he made to the Terminator—and Chris Bowen, the former shadow Treasurer. The event was full of Labor MPs, past and present. It is certainly going to be a very interesting investigation. Also within the sights of ICAC is Jonathan Yee, whom, according to other photographs I have, is clearly well known to the Leader of the Opposition, the member for Strathfield. So we have both aspirants for the Labor leadership clearly implicated with people who are of interest to ICAC. That justifies this motion being before the House.

The DEPUTY SPEAKER:

Order! I remind the member for Canterbury that she is on one call to order. I call the member for Canterbury to order for the second time.

Mr RON HOENIG (Heffron) (16:15:50):

Upon the election of the Coalition Government, the Premier promised that new parliamentary standards will apply here in the bearpit. This is the new standard: lowering yourself to try to run this sort of stuff as a matter of priority.

The DEPUTY SPEAKER:

Order! I call the member for Kiama to order for the second time.

Mr RON HOENIG:

Are those opposite trying to hide the state of the building industry? Are they trying to hide the Minister for Customer Service's problems? What is it they are trying to hide when they run this rubbish? They have got the member for Ku-ring-gai to run it—a highly respected silk, somebody highly regarded as a legal professional. The only reason that he is not on the front bench is he passed the intelligence test, and they have got him to run this nonsense.

The DEPUTY SPEAKER:

I remind the member for Kiama that he is on two calls to order.

Mr RON HOENIG:

I have a list, prepared by the Parliamentary Research Service, of 36 members of the Coalition Government who, since its election, have been guilty of impropriety. I am not going to read them out.

The DEPUTY SPEAKER:

Order! I call the member for Kiama to order for the third time.

Mr RON HOENIG:

In the paper today there are women complaining about staffers of Liberal Party members of Parliament; women who have allegedly been sexually assaulted or abused. But I will not refer to that. I will refer to this matter, which is properly before the Independent Commission Against Corruption. But how dare the member for Ku-ring-gai suggest that NSW Labor or Country Labor are not permitted under section 57C of the Independent Commission Against Corruption Act 1988 to raise something with the inspector. Everybody has the right to raise a matter. How dare an eminent silk complain that a matter has been raised. The other issue I want to put fairly and squarely before the House is that many of these issues were not really known until the inspector reported. When the inspector did report, he indicated what ICAC was investigating. It is not just investigating a series of alleged breaches of electoral funding law. There is something very serious that it is investigating. It is:

c)of significant public interest, given its context in connection with possible foreign influence in NSW electoral processes.

That is an extremely serious assertion that must be investigated properly and not politicised. There is no greater attack on our democracy than the risk of foreign influence. Where the member for Ku-ring-gai and the Government have been completely irresponsible is that the organisation that could possibly be subject to foreign influence is also an organisation that is extremely important to this nation and this State. That matter needs to be handled properly and delicately. It is not appropriate that it be used for political purposes. Quite frankly, it is in the economic interests of neither the State—and the Premier knows that—nor Australia for this provincial Parliament to deal with those issues at this time.

Time expired.

Somebody who is subject to a search warrant and who also gets a notice to produce, issued at a similar time, has a right to complain to the Inspector of the ICAC because they are not to know what is in the affidavit that caused the search warrant to be issued. ICAC says it was for operational purposes. Is that because the commission was concerned that the records would be destroyed? The inspector's report states that the raid was relatively unproductive because the documents were off-site and had to be produced or will be produced by a notice of production. Secondly, whilst investigators are not subject to political timings, the mere timing of these sorts of things can interfere with an election, just as foreign investments can in a political party. []

Ms FELICITY WILSON (North Shore) (16:20:58):

Surprise, surprise! Day two of the new Labor leadership and what do we have? We have the stench of old Labor and corruption of the incorruptible new leadership of Jodi McKay and the Labor Party. Labor is always reaching into its grubby past. The member for Heffron said that we need to tread very cautiously with the Independent Commission Against Corruption investigations, that they are very serious matters and that we should allow ICAC to execute investigations appropriately, but Government members say bring it on—bring on that ICAC investigation and bring on the hearings that Labor members were trying to hide. Labor claims these are serious allegations but it will not front up and face them legitimately. Labor tried to hide and cast aspersions on some of our crucial institutions, the Electoral Commission and ICAC; what Labor members said was an affront to ICAC.

We call on Labor to make an apology. A leopard does not change its spots: As much as Labor tries to hide from the corruption of its past, it continues to this day. For four years the new Labor leader sat in the Cabinet of the most corrupt government in the history of New South Wales. The state of the New South Wales Labor Party today is no better than it was in the bad old days of Eddie Obeid. We have the new squeaky-clean poster child of Labor in Jodi McKay, but who was sitting next to the accused Jonathan Yee during the election campaign? Looking over his shoulder is Jodi McKay. The member for Heffron referred to serious allegations, but should we not consider the role of ICAC and appreciate the investigation it is undertaking, rather than try to whitewash it, shut it down and complain about having any scrutiny over Labor headquarters? It is not surprising because the Opposition has a boss lady-installed leadership. The member for Strathfield was installed by the head office in Newcastle.

The DEPUTY SPEAKER:

I call the member for Shellharbour to order for the first time.

Ms FELICITY WILSON:

The member for Strathfield has been installed a second time in Strathfield and installed a third time as Leader of the Opposition by boss lady. I do not see many people defending the Leader of the Opposition because I do not think they wanted her in the job. I think they were compelled to appoint her.

The DEPUTY SPEAKER:

I call the member for Shellharbour to order for the second time.

Ms FELICITY WILSON:

The Leader of the Opposition is a lapdog of Labor head office. Members opposite tried to protect their head office from the incredibly important scrutiny of ICAC. The Leader of the Opposition should apologise or resign.

Dr HUGH McDERMOTT (Prospect) (16:24:05):The Daily Telegraph

What an entertaining motion accorded priority this is to come from the Liberal Party. We all know that Robert Menzies was the godfather of the Federal Liberal Party. The godfather of the New South Wales Liberal Party was Robert Askin—a bit of corruption from the very basis. Let us think about this. So far the Liberals have lost two Premiers from ICAC, so it must be time for another Premier to go down, surely. I doubt very much it will be the current Premier—she is far too smart and too good with her memory to forget about grange and gifts like that, so it will probably be the next one. Looking at the papers today, we know it will not be Rob Stokes— is not supporting him. It will be either the Treasurer or the member for Bega. After watching the member for Bega do his numbers since Sunday, it will not be him either. Dom, it looks like it is going to be you!

Let us be honest. To sit in this Chamber and attack the Labor Party about corruption is absolutely hilarious when we look at what has happened since 2011 in the New South Wales Liberal Party. The member for Heffron will not mention all the names, but I have the list here. Thirteen of them have been pulled before ICAC and have either left this House or have been referred to DPP for prosecution. Hartcher, Baumann, McCloy, Owen, Thomson and Williams—all found to have acted with the intention of evading the election funding laws. Baumann, Di Girolamo, Palmer and Webber—all acted with the intention of evading election and funding laws around the disclosure of public donations. Bassett knowingly solicited a political donation from a property developer. Then we have Brooks, Cornwall, Koelma and Saddington—all breaches of section 87—

Mr Gareth Ward:

Point of order—

Dr HUGH McDERMOTT:

There are no points of order during a motion accorded priority. Sit down, you fool.

The DEPUTY SPEAKER:

The member for Kiama will resume his seat. Points of order are not permitted during priority debate.

Mr Gareth Ward:

Excuse me, Madam Deputy Speaker. That is only when you are establishing priority, it is not during priority.

The DEPUTY SPEAKER:

Order! The member for Kiama will resume his seat.

Mr Gareth Ward:

Madam Deputy Speaker—

The DEPUTY SPEAKER:

I remind the member for Kiama that he is already on three calls to order.

Dr HUGH McDERMOTT:Time expired

If anyone should be apologising, it is the Liberal Party for slashing one third of the budget from ICAC: it took $7 million from ICAC's budget, cut jobs, restructured and then basically sacked the commissioner, Megan Latham, because she was saying what it did not want to hear. Let us be honest: two Ministers are sitting in this Government that should be before ICAC. One of them is the Minister for Customer Service for his data breaches of Revenue NSW files of hundreds of New South Wales citizens. I refer also to water theft by irrigators that was supported by The Nationals in New South Wales. I refer to one person who has stood in the ICAC witness box: Jodi McKay. It said that she is honest, open and principled. That is what we have got. [.]

Mr ALISTER HENSKENS (Ku-ring-gai) (16:27:11):

In reply: I speak more in sorrow than in anger. On this motion accorded priority, the Labor Party put forward a distinguished criminal barrister in the member for Heffron and a law PhD in the member for Prospect, but neither of them really had anything to say. I was a little bit fearful during the address of the member for Heffron because I thought he complained too much. I had this little feeling that he may have been involved in the completely misconceived challenge to the search warrant given the way that he tried to defend it, saying that it was perfectly reasonable to challenge it. I named him as I thought he was in the photograph of other members of Parliament. He did not deny it.

Mr Dominic Perrottet:

Who was that?

Mr ALISTER HENSKENS:

The member for Heffron. He did not deny it. I will take his failure to deny it to mean that he was in attendance in the March 2015 Chinese Friends of Labor dinner, which possibly means he could be a witness in the ICAC inquiry. He made the extraordinary assertion that the raid was completely unproductive. How would he have known? How does he know what ICAC was looking for? That seems to be what can only be described as an extraordinary assertion. The contribution from the member for Prospect was very ordinary, to put it at its highest.

Time expired.

The best he could do in his contribution was talk about Robert Menzies founding the Liberal Party and three former New South Wales Premiers. He spoke about the current leadership of the Liberal Party. He was unable to identify any Liberal MP who has ever been found guilty of corruption by ICAC in New South Wales, compared with the seven Labor MPs that I mentioned, who were all found guilty of corruption by ICAC. Of those MPs, four or five have served prison time, including one who is serving time for sexual misconduct on a minor. It was a very pedestrian performance. I compliment the member for North Shore on her contribution. She was absolutely right: The stench of corruption has not been taken out of NSW Labor. []

The DEPUTY SPEAKER:

The question is that the motion be agreed to.

The House divided.

Ayes52

Noes36

Majority16

Motion agreed to.