House debates

Wednesday, 21 June 2006

Privilege

3:11 pm

Photo of Don RandallDon Randall (Canning, Liberal Party) Share this | | Hansard source

I wish to raise a matter of privilege under standing order 51. I received a letter from the now Second Commissioner of Taxation, Mr Kevin Fitzpatrick. Mr Fitzpatrick wrote to inform me that had he written to the Chair of the Joint Committee on Public Accounts and Audit concerning comments I had made in a submission to the committee’s inquiry on the administration of the Australian Tax Office. This inquiry is entitled ‘Inquiry reviewing certain taxation matters within Australia’. My submission was dated 28 March 2006.

Mr Fitzpatrick’s objection was that I had stated that he on several occasions had made it clear that he does not accept court decisions. He also complained that I stated that ‘it seems a dangerous move to place someone with so little regard for the decision of the court in the position of chief legal adviser to the commissioner and the ATO administration’.

I stand by my submission, which was not made lightly or without due consideration. As a result, I seek to formally raise a matter of privilege for the following reasons. Firstly, the whole text and context of my comments are to be found in my submission, which was accepted and authorised for publication by the committee on 24 May this year and is therefore a document covered by privilege. Secondly, I can confirm that there were several other people in attendance at the 17 June 2003 meeting where Mr Fitzpatrick made these comments. Senator Coonan, as the then Assistant Treasurer, had convened the meeting to assist in resolving the outstanding issue of employee benefit arrangements and hear the views of various members of parliament, senior taxation officers and several aggrieved taxpayers.

When Mr Fitzpatrick’s comments were made, Senator Coonan had left the meeting to attend the Senate chamber. Those who remained were me, as the member for Canning; Senator David Johnston from Western Australia; the member for Mackellar, Mrs Bronwyn Bishop; and five other taxpayers. The other tax officers also in attendance were commissioners Michael D’Ascenzo and Gary Marizza. Senator Coonan had a staff member at the meeting. I am advised that Mrs Bishop, Senator Johnston and the five taxpayers are able to confirm Mr Fitzpatrick’s statements in the meeting. Mr Clive Ross was also present at the meeting and I am advised that notes as to Mr Fitzpatrick’s statements were taken at the meeting.

I believe that in all of the circumstances of the matter, my integrity and the accuracy and veracity of my submission have been questioned. I have consulted the House of Representatives Practice at page 670, where the giving of false evidence to committees is listed as a contempt of parliament. I contend that Mr Fitzpatrick, by virtue of these matters contained in this letter to the joint committee, has misled a standing committee of the parliament. In addition to this, I contend that the attack upon the veracity of my submission may be an improper interference with my capacity to carry out my duties as a member of this House. I am able to provide formal support for my position as it relates to this matter. I present a copy of my submission to the joint committee and Mr Fitzpatrick’s letter to me. I therefore seek your support in a formal reference of this matter to the Privileges Committee for further inquiry.

Photo of David HawkerDavid Hawker (Speaker) Share this | | Hansard source

I thank the member for Canning. I will look closely at his fairly detailed points and give careful consideration to the request that he has made concerning privilege.

Photo of Roger PriceRoger Price (Chifley, Australian Labor Party) Share this | | Hansard source

Mr Speaker, I rise on a point of order. I am loath to raise a point of order on privilege but, if there has been a contempt of a committee or a process of a committee, is it not up to the chair representing the committee to raise that matter rather than the individual member?

Photo of David HawkerDavid Hawker (Speaker) Share this | | Hansard source

I thank the Chief Opposition Whip. I will give careful consideration to all the points that have been raised by the member for Canning and take note of his point.