Senate debates

Thursday, 15 September 2011

Questions without Notice

Trade Unions

2:00 pm

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

My question is addressed to the Minister for Tertiary Education, Skills, Jobs and Workplace Relations, Senator Evans. I refer the minister to the flood of allegations about financial irregularities involving certain trade unions, including the HSU and the AWU. Does the minister approve, as a matter of principle, of union officials engaging in lucrative related party transactions with their trade union?

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

Mr President, I did not quite get the import of the second part of the question but I think it went to some allegations that have obviously been made about some trade union matters.

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

Mr President, I do relate it particularly to a company called United Edge, which is a printing company, so that might help the minister in relation to the matter.

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

Unfortunately, it does not help me because I am not aware of the company. But in terms of my portfolio responsibilities, I am responsible for Fair Work Australia and they have obligations under the act to inquire into matters that relate to trade unions and may impact on their registration or operations. Those are set out in the act. They pursue those obligations assiduously. They are matters that they inquire into independently of any sort of ministerial direction. I am not aware of what inquiries or investigations they have other than that obviously there is one in relation to the HSU, which the senator who asked the question is very well aware of and asked questions about at a series of estimates hearings. I am not in receipt of any particular information on or knowledge of the matters to which he alludes but I am not all that clear what he is referring to other than, obviously, the HSU matter, where there is an ongoing investigation. It has been indicated by Fair Work Australia that they expect to conclude that investigation in the second half of this year and, obviously, they will complete those inquiries and then recommend whatever action they think is appropriate in accordance with their obligations under the act.

2:02 pm

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

Mr President, I ask a supplementary question. Minister, do you agree as a matter of principle that unions should pay the private legal costs of trade union officials in, for example, proceedings which do not relate to the affairs of the union? Can I remind you of your comments in this chamber on 17 August, in relation to a question regarding the use of union funds for escort services, when you said you did not think it was an appropriate use of union funds. So are you saying there are different forms of embezzlement in relation to your views on this matter?

Government Senators:

Government senators interjecting

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

It is your side that should be embarrassed about this, senators.

2:03 pm

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

Mr President, I do not know whether that question is in order. It certainly does Senator Ronaldson no credit to make some allegation and then suggest that I was supporting some sort of behaviour when I had not even given an answer to the question. It does him no credit at all. I think Senator Birmingham gave you good advice as a general opposition yesterday when he made the observation that members of parliament should not set themselves up as court and jury. I do not have the direct quote, but it was a very well made observation, one with which I agree. It is the advice I myself gave to Senator Brandis the day before and it is advice I give to Senator Ronaldson.

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

Why should we turn a blind eye to breaches of the law?

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

We do not prosecute them in this chamber, senator.

Honourable senators interjecting

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

Mr President, I rise on a point of order. It is hard to disagree with the comment made by Senator Cormann. My point of order is in relation to relevance. The minister has not in any way attempted to answer what was a very specific question in relation to—

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

It was a slur.

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

As for the minister, I am quite happy for him, while he is answering this question, to also say whether or not there are different types of embezzlement. It is a quite simple question.

Photo of Joe LudwigJoe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | | Hansard source

On the point of order, Mr President: it is inappropriate to now try to reword the question to bring it back within a sensible position, because what the question was was an utter slur and it should have been ruled out of order. I was not going to take a point of order on that because the minister can answer that part of the question which falls within his portfolio. But for the senator to then try to take a point of order to indicate that somehow it is a reasonable question that requires an answer and that it requires an answer that is directly relevant to the question is, I think, beyond the pale. There is no point of order.

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

I consider the minister is answering the question.

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

Mr President, this is again an instance where the opposition just seek to slur people. If people have allegations of misbehaviour they ought to take them to the police or to other relevant authorities.

Senator Brandis interjecting

No, Senator Brandis, it is not the role of the Senate to raise allegations and prosecute individuals. That has always been my view. I thought it would be yours. (Time expired)

2:06 pm

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. In view of the serious allegations against Mr Williamson, the former national president and current vice-president of the Labor Party, does the minister believe that Mr Williamson should stand down from his position within the HSU and also within the Labor Party?

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

The minister can only answer that part that relates to his portfolio.

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

Mr President, I am sure none of it relates to my portfolio but I am happy to say to Senator Ronaldson, as I have consistently said, that any allegations of wrongdoing by any private citizen ought to be taken to the appropriate authorities, be they police or other appropriate authorities. If he has any information of wrongdoing then he ought to provide that to the police or other authorities without trying to put in the political fix beforehand.

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

Mr President, I refer to your letter to senators dated 25—

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

This is now debating the issue.

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

No, this is a point of order.

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

If you wish to take the point of order, take the point of order.

Government senators interjecting

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

If the other presidents in the chamber will let me continue with my point of order, then I am happy to do so.

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

The point of order, Senator Ronaldson!

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

Mr President, in your letter to senators dated 25 August, you said in the third dot point that:

Questions may be put to a minister … or to any matter of administration for which the minister is responsible in a personal or representative capacity.

I put to you that he, as a member of the Labor Party, is forced and required to answer a question in relation to Mr Williamson.

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

That is a reflection on the chair. If I heard you correctly, I think you should withdraw. Are you reflecting on my position?

Senator Brandis interjecting

Excuse me, I am talking to him!

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

I am talking to myself.

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

Well, you talk to yourself. Senator Ronaldson, are you talking about my position as the President of the Senate?

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

No, Mr President, I am quoting from your letter—

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

No, I understand that.

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

I have quoted from your letter.

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

No, you cannot argue.

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

Mr President, your letter indicates that questions can be asked of ministers on any matter of administration which the minister is responsible for in a personal or representative capacity.

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

That is correct.

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

Thank you. I was not reflecting on you at all. I am asking you to rule that this is a question on a matter for which the minister is responsible in a personal capacity and that he should be answering the question.

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

I will rule that there is no point of order. I have asked the minister in addressing the second supplementary question to address that part of the question which goes to his portfolio. The minister has already outlined in the first 25 seconds of his answer his response to part of the question. If the minister has anything else to continue with, he may now do so.

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

Well, Mr President, on the basis of that I will have to answer questions on the poor form of the Fremantle Football Club, which will put me under enormous pressure. If the opposition have allegations to make, they ought to take them to the police or other authorities. I have no responsibility for these matters and have no personal knowledge of them. So clearly I am not able to assist in terms of reporting to the Senate. But I do think that all senators ought to think carefully about whether trying to prosecute allegations of criminal behaviour in the Senate is appropriate (Time expired)