House debates Questions without Notice

Royal Commission into Trade Union Governance and Corruption

Tuesday, 18 August 2015 House of Representatives

Mark Dreyfus

Mark Dreyfus Isaacs, Australian Labor Party, Shadow Attorney General

2:42 pm

My question is to the Prime Minister. In the past week the Prime Minister has repeatedly defended Dyson Heydon AC, QC, by referring to comments made by Julian Burnside QC. Is the Prime Minister of aware of comments made by Mr Burnside of Mr Heydon today that, 'It really was never a tenable possibility for him to appear to be impartial on the royal commission while being so closely associated with the Liberal Party to accept that invitation'?

Tony Abbott

Tony Abbott Warringah, Liberal Party, Prime Minister

While the government is interested in jobs and growth, all members opposite are interested in doing is smearing a former High Court judge. Frankly, for someone who rejoices in the title 'QC' to be engaged in this grubby exercise is beyond contempt. It really is beyond contempt.

Ms Macklin interjecting—

Tony Smith

Tony Smith Speaker

The member for Jagajaga has been warned.

Tony Abbott

Tony Abbott Warringah, Liberal Party, Prime Minister

I have been asked about comments today.

Mr Matheson interjecting—

Tony Smith

Tony Smith Speaker

The member for Macarthur is warned.

Tony Abbott

Tony Abbott Warringah, Liberal Party, Prime Minister

Let me give the QC opposite who asked the question a statement from Mr Duncan McConnel, President of the Law Council of Australia. He said:

The public attacks on the Commissioner being played out through the media are unacceptable and damage the basis on which tribunals and courts operate …

Mr Watts interjecting—

Tony Smith

Tony Smith Speaker

The member for Gellibrand is warned.

Tony Abbott

Tony Abbott Warringah, Liberal Party, Prime Minister

The President of the Law Council went on:

The person who sits as a Royal Commissioner is entitled to the same respect, inside and outside of the inquiry, as a judge in a court.

In this case, Mr John Dyson Heydon AC QC is a highly regarded former judicial officer. The proper way for dealing with any question of bias, including apprehended bias, is to make an application for the Commissioner to recuse himself …

Why does the QC opposite not know that? Why does the QC opposite not respect that? Frankly, the QC opposite has demeaned himself—

Mr Sukkar interjecting—

Tony Smith

Tony Smith Speaker

The member for Deakin is warned.

Tony Abbott

Tony Abbott Warringah, Liberal Party, Prime Minister

he has demeaned this parliament and he has demeaned his leader by asking that question.