House debates Questions without Notice
Royal Commission into Trade Union Governance and Corruption
Brendan O'Connor Gorton, Australian Labor Party, Shadow Minister for Employment and Workplace Relations
3:00 pm
My question is to the Prime Minister. Last year the Prime Minister said:
… you appoint someone of Dyson Heydon's standing because you trust to his judgment and I'm very happy to put ourselves in the hands of Dyson Heydon and see where this Commission goes.
Isn't your continued trust based on your longstanding relationship with Mr Heydon, and the fact that a partisan inquiry is exactly what you wanted?
Mrs Griggs interjecting—
Jim Chalmers Rankin, Australian Labor Party, Shadow Parliamentary Secretary to the Leader of the Opposition
That Rhodes scholarship was a good investment.
Tony Smith Speaker
The member for Rankin will remove himself under 94(a). The member for Rankin can withdraw before he goes.
Mr Tony Burke Watson, Australian Labor Party, Shadow Minister for Finance
Mr Speaker, I rise on a point of order.
Tony Smith Speaker
The member for Watson will resume his seat. The member for Rankin has been on multiple warnings for interjecting. You have been asked to leave under 94(a).
Mr Tony Burke Watson, Australian Labor Party, Shadow Minister for Finance
Mr Speaker, I rise on a point of order. The member for Rankin has just been excluded for answering a question that the Prime Minister put from the despatch box. That was his interjection. The Prime Minister said, 'I beg your pardon?' he responded and then you punted him for it.
Tony Smith Speaker
No. The member for Watson will resume his seat.
Government members interjecting—
Those on my right will cease interjecting. The member for Watson well knows that I have warned the member for Rankin multiple times, so he can pick the standing order under which he was ejected. Disorderly conduct was the first thing that came into my mind. He has left the chamber. He was warned twice. I have bent over backwards. I will not put up with members interjecting continuously, particularly when they have been warned.
Tony Abbott Warringah, Liberal Party, Prime Minister
It is not surprising that the shadow Attorney-General has dropped out of the attack and that the member for Gorton has now been asked to continue the attack, because the member for Gorton, I suppose, is less familiar than the shadow Attorney-General with the appropriate conduct when there is some issue with the presiding officer of a tribunal or a royal commission. For the benefit of the member for Gorton, who probably was not listening to my response to the shadow Attorney-General, let me quote this statement from Mr Duncan McConnel, the President of the Law Council of Australia. He says:
The public attacks on the Commissioner being played out through the media are unacceptable and damage the basis on which tribunals and Courts operate.
He goes on to say:
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 …
I say to the member for Gorton and the shadow minister who asked the question, if he, his political allies or his friends have any issue whatsoever with Royal Commissioner Dyson Heydon AC QC they know what to do, and why don't they do it? If they think there is a problem they should bring an application.
Mr Snowdon interjecting—
Tony Abbott Warringah, Liberal Party, Prime Minister
What are they waiting for? What are the unions waiting for?
Mr Burke interjecting—
Tony Abbott Warringah, Liberal Party, Prime Minister
Perhaps they know that the professionalism and the impartiality of this former High Court judge is absolutely beyond dispute.
Ms Ryan interjecting—
Tony Abbott Warringah, Liberal Party, Prime Minister
Perhaps they know that it is not a very good look to be trying to cover up the cover-up which so many members opposite have been engaged in for so many years. What we have seen again and again before this royal commission are rorts, rackets and rip-offs perpetrated by union officials against union members. It is wrong. It must stop, and I suspect even the ACTU is starting to feel a little bit of shame.
Mr Mitchell interjecting—
Tony Abbott Warringah, Liberal Party, Prime Minister
I think that shame would be appropriate amongst members opposite as well.