Dealing With Craig Thomson: An Impressive Debate

An impressive Matter of Public Importance debate took place in the House of Representatives this afternoon.

The MPI was devoted to the issue of how the House should treat Craig Thomson, the member for Dobell, in the light of allegations against him and his statement to the house yesterday.

Debate revolved around the nature of a censure and the arguments for and against suspending Thomson from the service of the House.

Mark Dreyfus, the Cabinet Secretary and Parliamentary Secretary for Climate Change and Energy Efficiency, put the case against punitive action most effectively in terms of proper process and the presumption of innocence.

Tony Windsor, the independent member for New England, provided an interesting comparison with the 1992 downfall of former NSW Liberal Premier Nick Greiner in another hung parliament.

This is the complete audio of the MPI debate:

  • Rob Oakeshott – Ind (15m)

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  • Mark Dreyfus – ALP (15m)

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  • Christopher Pyne – Lib (10m)

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  • Tony Windsor – Ind (10m)

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  • Harry Jenkins – ALP (10m)

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  • Julie Bishop – Lib (10m)

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  • Andrew Wilkie – Ind (10m)

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  • Stephen Jones – ALP (10m)

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Wilkie: Improper For Parliament To Act As Judge And Jury In Thomson Case

The independent member for Denison, Andrew Wilkie, has issued a statement on Craig Thomson in which he says it would be improper for the Parliament to act as judge and jury.

Wilkie provides a clear statement of the constitutional situation set out in Section 44 of the Constitution.

A STATEMENT FROM ANDREW WILKIE REGARDING CRAIG THOMSON

Andrew WilkieI think the Craig Thomson saga stinks. But my personal view is largely irrelevant.

According to the principles of natural justice he’s innocent until proven guilty and entitled to a fair hearing. So unless the findings against him have been tested in a properly constituted court, where he has the opportunity to defend himself, we must accord him the presumption of innocence no matter how much that grates.

Moreover according to the Constitution Craig Thomson is eligible to remain in the Parliament until and unless he’s found guilty of a criminal offence punishable by a year or more imprisonment. If his circumstances or any other issue highlights shortfalls in that provision then the Parliament needs to consider seeking to change it.

In fact it could reasonably be argued Craig Thomson has the right to remain in the Parliament free of intimidation, if only by virtue of the Crimes Act 1914 Section 28 which imposes a penalty of three year’s imprisonment for interfering with political liberty.

Frankly the Parliament isn’t a court and for it to think it’s judge and jury when dealing with Craig Thomson would be entirely improper.

What the Parliament should now focus on is restoring the trust and respect of the Australian community. Yes, there is widespread and understandable concern with the controversy surrounding Craig Thomson. But there’s much more concern with all the grand political game-playing going on right now. And there’s much greater interest in the Government getting on and running the country well, and in the Opposition showing it’s a credible alternative.

Peter Slipper’s Statement To Parliament

House of Representatives Speaker Peter Slipper briefly presided over the chamber at 2pm today.

Slipper read a short statement that asserted his innocence of charges levelled at him, proclaimed his belief in the presumption of innocence, and decried trial by media.

Slipper then handed over to Deputy Speaker Anna Burke and left the House.

It was most likely Slipper’s last appearance as Speaker.

  • Listen to Slipper’s statement:

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Text of Slipper’s statement to the House.

Honourable members will know that some allegations have been made in relation to me by James Ashby, including a claim under civil law and a claim of criminal behaviour. [Read more...]

Gillard Moves On Thomson And Slipper

12.20pm – Prime Minister Julia Gillard has announced that Craig Thomson is to leave the ALP caucus to sit on the crossbenches in Parliament and Peter Slipper is to continue standing aside from his job as Speaker.

Speaking at a press conference at Parliament House, Gillard said “a line has been crossed in terms of respect for the parliament”. She stressed her belief in the presumption of innocence for both men.

  • Listen to Gillard’s press conference (27m)

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Peter Slipper Releases Cabcharge Documents

Peter Slipper has released copies of Cabcharge vouchers which he says show that the allegations against him are a “complete fabrication”.

In recent days it has become clear that Slipper will be unable to return to the Speaker’s chair. Independents Tony Windsor, Rob Oakeshott and Andrew Wilkie appear to be opposed to his return and there are signs today that the government’s resolve to back Slipper is weakening.

Statement by Peter Slipper:

Please find attached cab charge dockets that I have this afternoon received from the Department of Finance and Deregulation.

These documents have all been completed by me and are clearly in my handwriting as I said they were.

The so called criminal allegation is a complete fabrication, just as the other claims are not accurate.

I repeat that I reject allegations that have been made against me.

I will make a further Statement on this matter in due course.

Shorten: I Agree With The PM, Even Though I Don’t Know What She’s Said

A bizarre interview with Gillard government minister Bill Shorten on the Sky News Agenda program.

Shorten appears to have moved away from whole-hearted support for Speaker Peter Slipper’s decision to stand aside pending resolution of travel expenses claims against him. However, Prime Minister Gillard has remained steadfast in defending Slipper’s decision to step down pending resolution of the criminal allegations but not the civil claim of sexual harassment.

Shorten appeared on Agenda at 4pm today.

The Federal Court Discrimination Claim Against Slipper

This is James Ashby’s application to the Federal Court under the Fair Work Act alleging discrimination.

The application was lodged on April 20. It cites two respondents, the Commonwealth of Australia and Peter Slipper.

James Ashby's application to the Federal Court

A (Portentous?) Statement From Andrew Wilkie

Andrew Wilkie, the independent member for Denison, has issue the following statement about his negotiations with the government over its National Gambling Reform Bill.

Wilkie’s reference to “the uncertainty and changing circumstances in the Parliament” is intriguing.

A Statement on Poker Machine Reform

Andrew WilkieI wish to correct a media report today that I’ve extended my deadline for the Federal Government to address my concerns with the National Gambling Reform Bill 2012.

I gave the Families Minister, Jenny Macklin, a deadline of Friday April 20 to respond to my concern the Bill did not deliver on the Prime Minister’s promise that ‘we are ready to flick the switch to a best-practice mandatory pre-commitment system’ on Australia’s poker machines. I received a letter from Minister Macklin late Friday April 20 so that deadline was met.

I am now considering Minister Macklin’s response and taking advice in light of the uncertainty and changing circumstances in the Parliament. In Canberra today I’ve met with representatives from both the Government and the Opposition.

Today’s statement should be read in conjunction with Wilkie’s earlier statement on March 22:

DISCUSSIONS CONTINUE ON GOVERNMENT POKIES REFORM

The Independent Member for Denison, Andrew Wilkie, continues to work with the Federal Government to try and ensure the National Gambling Reform Bill 2012 is a stepping-stone to meaningful poker machine reform.

Mr Wilkie has had numerous meetings this week with Minister Jenny Macklin in an attempt to resolve two key issues. [Read more...]

Peter Slipper Stands Aside As Speaker

Following newspaper reports yesterday of alleged misuse of CabCharge dockets and a sexual harassment claim, Peter Slipper has stood aside as Speaker of the House of Representatives.

With Slipper in the Speaker’s chair, the Gillard government has been able to govern with a majority of 76-73 on the floor of the House. If Slipper has not resumed his position when Parliament meets again on May 8, the government will have 75-73 in any vote, with Anna Burke in the chair and Slipper not voting. This assumes that the crossbenchers (Wilkie, Bandt, Windsor and Oakeshott) stick with the government.

Despite some hysterical commentary over the weekend, this is a political problem for the government, not a constitutional issue. Slipper has not resigned his position. The Standing Orders make it clear that the Speaker can call upon the Deputy Speaker to preside at any time. The Constitution makes it clear that the Speaker does not vote unless there is a tied result, hence he will not participate in voice votes or divisions. The net effect of Slipper standing aside is that the government’s margin in the House has slipped from three to two, provided the four crossbenchers support the government.

The independent member for Denison, Andrew Wilkie, yesterday called upon Slipper to stand aside. Wilkie said today that Slipper has now done the right thing. This suggests that the government is unlikely to encounter any difficulties with the crossbenchers at this stage. As always, their continuing support remains crucial. In January, Wilkie withdrew his support for the government because it reneged on its agreement with him over poker machine reform. This means that with Anna Burke in the Speaker’s chair, the government only has 74 committed votes on motions of supply or confidence. A 74-74 tie would mean that Burke would have to make a casting vote to save the government.

The political situation regarding Slipper is entirely of the government’s own making. Slipper’s reputation is well established. He ‘ratted’ on his own party to become Speaker. The government is now suffering the odium of its decision to elevate Slipper in order to shore up its numbers in the lower house. As the old saying has it, if you lie down with dogs, you’re likely to get up with fleas.

Electorally, the Slipper fiasco will most likely confirm perceptions of political chicanery, ongoing crisis and instability. The events of this weekend do not necessarily threaten the government’s parliamentary survival but the pressure on the government has been ramped up a notch or two. Gillard padded her majority by enticing Slipper to leave the coalition but now she may end up back where she started, except that she will be tied to a tainted Slipper and facing an aggrieved Wilkie. And all this whilst the dogs are barking for Craig Thomson. Reap what you sow.

Text of statement released today by the Speaker, Peter Slipper.

Some allegations have been made against me by Mr James Ashby. I emphatically deny these allegations.

The allegations include both a claim of criminal behaviour and a claim under civil law.

Any allegation of criminal behaviour is grave and should be dealt with in a manner that shows appropriate regard to the integrity of our democratic institutions and to precedent.

As such, I believe it is appropriate for me to stand aside as Speaker while this criminal allegation is resolved.

The allegation is incorrect, and once it is clear they are untrue I shall return to the Speakership. I would appreciate the relevant bodies dealing with the matter expeditiously.

In relation to the civil matter there will be an appropriate process that will resolve the matter in due course.

The Deputy Speaker, Ms Anna Burke MP, will act as Speaker during this period.

Statement from Prime Minister Julia Gillard

A STATEMENT FROM THE PRIME MINISTER

It is appropriate that Mr Slipper has stood aside as Speaker whilst alleged criminal conduct is investigated.

It is also appropriate for all parties to note the processes under way and treat them with respect.

Transcript of Opposition Leader Tony Abbott’s comments on Peter Slipper.

  • Listen to Tony Abbott’s morning media conference on Peter Slipper:

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  • Listen to Tony Abbott’s remarks after Slipper stood aside:

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  • Download a PDF copy of Abbott’s remarks

TONY ABBOTT: The Speaker of the House of Representatives has stepped aside until very grave allegations against him can be resolved. There are allegations of sexual harassment and there are also allegations of a criminal nature, of the fraudulent misuse of Commonwealth entitlements.

It’s good that the Speaker has stepped aside until these matters can be resolved but plainly, this is Peter Slipper’s doing, this is no doing of the Prime Minister. As late as this morning the Deputy Prime Minister himself was insisting that there was no reason for Mr Slipper to stand aside and in fact the Speaker must not step aside. [Read more...]

Expenses Allegations And Sexual Harassment Claim Against Peter Slipper

Allegations of sexual harassment and misuse of Cabcharge vouchers have been levelled at House of Representatives Speaker Peter Slipper by a former employee, James Ashby.

The allegations have appeared in today’s editions of New Limited newspapers around the country.

Daily Telegraph front page - April 21, 2012Herald Sun front page - April 21, 2012
Courier-Mail front page - April 21, 2012Advertiser front page - April 21, 2012

This is how the Daily Telegraph reported an extract of the sexual harassment claim lodged in the Federal Court against Peter Slipper.

Wednesday January 4 2012: James Ashby and Peter Slipper were in Slipper’s flat after work. Slipper asks applicant: "Can you massage my neck". Ashby says words to the effect of "yeah righto" as "he did not know what other response to give as he was brand new to him job and he was being asked by his employer’.

Thursday, January 5: Ashby was getting ready for work, when Slipper says: "You’re a strange one". The following conversation then took place in words to the effect of: Slipper: "You’re a weird because you shower with the door shut".

Ashby: "What’s weird about that?"

[Read more...]