Senate debates

Monday, 22 August 2011

Questions without Notice

Member for Dobell

2:19 pm

Photo of Michael RonaldsonMichael Ronaldson (Victoria, Liberal Party, Shadow Minister for Veterans' Affairs) Share this | | Hansard source

My question is to the Minister for Sport, Senator Arbib. I refer the minister to a report by Andrew Clennell in last Friday's Daily Telegraph which states that Minister Arbib:

... brokered the deal between Prime Minister Julia Gillard's office and NSW Labor.

Can the minister confirm that he participated in a discussion with the member for Dobell and the Prime Minister, or the Prime Minister's office, in relation to the payment by New South Wales Labor of the member for Dobell's legal fees following his discontinued defamation action against Fairfax?

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

The minister can only answer that part of the question that refers to his portfolio matters.

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

On a point of order, Mr President: I think that puts the minister in a really difficult position. I do not think that there was anything there that vaguely related to the minister's portfolio responsibilities. Nothing in the question related to his ministerial responsibilities. On that basis, I do not think there is anything Senator Arbib can say. Therefore, I ask you to rule it out of order so that Senator Arbib would not be required to answer because there was nothing put to him that related to his portfolio responsibilities.

Honourable senators interjecting

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Order! It does not help me when people are shouting across the chamber.

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | | Hansard source

Mr President, I rise on the point of order. There are two points I wish to make. First of all, under standing order 72, the question must relate to public affairs. There are a series of prohibitions in standing order 73 and none of those prohibitions would prohibit the asking of this question. The second point is that it has always been the case, both in this chamber and in the House of Representatives, that questions bearing upon a minister's fitness to hold his ministerial office are permitted. This question goes directly to whether or not Senator Arbib was, as a minister, party to a cover-up or an attempted cover-up con­cerning the affairs of Mr Thomson, the member for Dobell. I can understand why the Labor Party want to cover it up. I can understand why the Labor Party want to prevent the Senate inquiry into it. The fact is that because it goes directly to the minister's fitness for office, it is entirely within standing orders.

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

Mr President, I rise on a point of order—

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

Who won't you slur up this time, George? Just think of a run with Alan Jones and slur up anybody.

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

On my point of order, Mr President: I would ask you to rule Senator Brandis's arguments completely out of order. No part of that question is in order—none whatsoever—and nor is Senator Brandis's attempt to drag irrelevant standing orders and irrelevant slurs into the debate. You should rule it out of order or, at a minimum, ask Senator Ronaldson to explain who paid David Davis's legal bills—

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Senator Conroy, now you are arguing the issue.

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | | Hansard source

Mr President, I rise on a point of order. Before we continue our discussion on the broader point of order, the Leader of the Government clearly reflected on the Deputy Leader of the Opposition, and his remarks should be withdrawn.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

I will review that—

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

Mr President, I want to be helpful. I asked Senator Brandis who he wouldn't slur up. That is what I said. If that is out of order, I withdraw it. I do not think it is. It is a genuine question and one that occurred as a result of what he said about Senator Arbib. If it is out of order, I would withdraw it, of course.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

I understand it has been withdrawn. Is that what you said?

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

No. If you rule it out of order—

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

I think it would help the afternoon if you were to withdraw that.

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

In order to make your afternoon better, Mr President, I withdraw.

Photo of John FaulknerJohn Faulkner (NSW, Australian Labor Party) Share this | | Hansard source

On a further point of order, Mr President

Opposition senators interjecting

You probably will not disagree with this, if you just listen for a change. It would also have helped the chamber and the afternoon if, when Senator Evans was on his feet, the microphone had been turned on. While senators in this part of the chamber might care to make comment on the point of order, unfortunately it was absolutely inaudible in this part of the chamber.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

I will say what I said at the outset. I listened to the question closely and I made a ruling that was consistent with that made by other presidents before me, so it is consistent with what has been said before. The minister need only deal with that part of the question which is the responsibility of the minister in his portfolio. The other parts of that question can be ignored. It is up to the minister to answer the question.

2:25 pm

Photo of Mark ArbibMark Arbib (NSW, Australian Labor Party, Minister for Social Housing and Homelessness) Share this | | Hansard source

The question clearly does not fall inside my portfolio area. If Senator Ronaldson—

Opposition Senators:

Opposition senators interjecting

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Order! You have asked the question. The minister has the opportunity to answer the question.

Photo of Mark ArbibMark Arbib (NSW, Australian Labor Party, Minister for Social Housing and Homelessness) Share this | | Hansard source

If Senator Ronaldson has questions concerning Mr Thomson or the New South Wales Labor Party then he should refer those questions to the New South Wales Labor Party.

2:26 pm

Photo of Michael RonaldsonMichael Ronaldson (Victoria, Liberal Party, Shadow Minister for Veterans' Affairs) Share this | | Hansard source

Clearly the answer to my question is yes, yes and yes.

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Statements should not be made.

Photo of Michael RonaldsonMichael Ronaldson (Victoria, Liberal Party, Shadow Minister for Veterans' Affairs) Share this | | Hansard source

Mr President, I ask a supplementary question. I also refer the minister to a report by Katharine Murphy in last Saturday's Age, which states: 'It is believed Mr Thomson sought advice from his colleague, NSW powerbroker Mark Arbib, about settling the case before the 2010 election.' Can the minister confirm whether he advised the member for Dobell not to withdraw his defamation action against Fairfax before the election, even though— (Time expired)

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Again, I cannot see the relationship with the minister's portfolio and I ask the minister to answer that part of the question which might relate to his portfolio responsibilities.

2:27 pm

Photo of Mark ArbibMark Arbib (NSW, Australian Labor Party, Minister for Social Housing and Homelessness) Share this | | Hansard source

Again, Mr President, there is nothing in this grubby question that reflects upon my portfolio and, therefore, I again refer the senator to the New South Wales branch of the ALP. I also suggest they get their own backbench in order before they start asking these sorts of questions.

Photo of Michael RonaldsonMichael Ronaldson (Victoria, Liberal Party, Shadow Minister for Veterans' Affairs) Share this | | Hansard source

It is another attempt to cover up this matter. It is another attempt to cover up—

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

A question must be a question and there should be no argument prefacing the question. That is consistent with standing orders—no arguments.

Photo of Michael RonaldsonMichael Ronaldson (Victoria, Liberal Party, Shadow Minister for Veterans' Affairs) Share this | | Hansard source

Mr President, I ask a further supplementary question. Can the minister explain his denials, given that he was well aware that New South Wales Labor paid Mr Thomson's legal fees—believed to be in excess of $150,000. Minister, is it not the case that this is a government led by a Prime Minister who is willing to pay any money to, or excuse any indiscretion by, the member for Dobell if it means protecting her wafer thin majority?

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

On the same basis, Minister.

2:28 pm

Photo of Mark ArbibMark Arbib (NSW, Australian Labor Party, Minister for Social Housing and Homelessness) Share this | | Hansard source

I refer to my previous answers.