Senate debates

Thursday, 14 September 2017

Questions without Notice

Newlands Civil Construction: Senator O'Sullivan

2:50 pm

Photo of Anthony ChisholmAnthony Chisholm (Queensland, Australian Labor Party) Share this | | Hansard source

My question is to the Leader of the Government in the Senate, Senator Brandis. On 27 February when sitting as chair of the Rural and Regional Affairs and Transport Legislation Committee, Senator O'Sullivan said in relation to the Toowoomba Second Range Crossing project:

I can report on the Toowoomba bypass. It is coming along sterlingly.

Is it appropriate for the chair of a committee to interject and offer a comment on a project in which they have a commercial interest?

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

Senator Chisholm, that question is so stupid, even by your very low standards. Senator O'Sullivan lives in Toowoomba. If you had ever been to Toowoomba in your entire life, it is no doubt you would have—

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Point of order, Senator Wong.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | | Hansard source

Direct relevance—the question is this: is it appropriate for the chair of a committee to interject and offer comment on a project in which they have a commercial interest?

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

On the point of order, Senator O'Sullivan?

Photo of Barry O'SullivanBarry O'Sullivan (Queensland, National Party) Share this | | Hansard source

Mr President, I seek leave to make a personal statement now.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Is leave granted?

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | | Hansard source

We will give him leave after question time.

Leave not granted.

Photo of Barry O'SullivanBarry O'Sullivan (Queensland, National Party) Share this | | Hansard source

I seek leave now to table a transcript of the speech I'm going to give and the accompanying evidentiary document that will put this to bed.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Is leave granted?

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | | Hansard source

Mr President, I haven't seen the documents.

Honourable senators interjecting

If he provides them, we'll consider it, and he may well get leave when he stands up after question time.

Leave not granted.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Senator O'Sullivan, leave has not been granted. Is this a further point of order?

Photo of Barry O'SullivanBarry O'Sullivan (Queensland, National Party) Share this | | Hansard source

Yes, it is; in response. At four minutes past 12 today, nearly three hours ago, the Chief Government Whip formally went to the opposition to hand them the document, and they rejected them.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

That is not a point of order.

Honourable senators interjecting

Photo of Barry O'SullivanBarry O'Sullivan (Queensland, National Party) Share this | | Hansard source

They've seen the documents.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

On the point of order, Senator Brandis?

Senator Wong interjecting

Senator Wong, I give you a lot of latitude about points of order, and I'll give the same courtesy to the Leader of the Government.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | | Hansard source

What's the point of order?

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Senator Wong, you get a lot of latitude on points of order, and I'm extending the same courtesy to the other leader.

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

Thank you very much, Mr President. Senator O'Sullivan has taken a point of order on which you are yet to rule. I wish to speak to that point of order. What has been disclosed to the Senate by Senator O'Sullivan is that, although Senator Wong asserted a few moments ago that the opposition had not had the opportunity to consider the documents which will show that there is absolutely no substance in allegations against Senator O'Sullivan, it is now apparent that these documents were offered to the opposition for inspection by them some three hours ago. The Leader of the Opposition should apologise to the Senate for seriously misleading the chamber.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Senator Cameron, do you wish to contribute?

Photo of Doug CameronDoug Cameron (NSW, Australian Labor Party, Shadow Minister for Human Services) Share this | | Hansard source

Yes, on the point of order. I happened to be on frontbench duty when the documents were handed to me—a bunch of documents without—

Honourable senators interjecting

Senator O'Sullivan was seeking to immediately table the documents and speak on them. I had not seen the documents; I had not had time to look at the documents. Then, after consideration, I said the documents could be tabled and we would give Senator O'Sullivan an opportunity to speak. That was not accepted.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Order! Let me now bring this back to where we stand. Senator Di Natale, on a point of order?

Photo of Richard Di NataleRichard Di Natale (Victoria, Australian Greens) Share this | | Hansard source

I know this might come as a shock to Senator O'Sullivan, but there are more than two parties in this chamber. I know it's a shock! The members of the crossbench and the Greens haven't seen this documentation. It wasn't offered to the Greens. So we won't be allowing you the opportunity to table those documents now. Should you wish to do it after question time, we will consider that.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

I'm not going to take any further points of order in relation to this matter. I am going to rule exactly where we are now, and that is that leave has been denied. We will continue with question time.

Senator Wong interjecting

Is leave now being granted?

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | | Hansard source

Leave is granted. Table them now and, as I said, we will give you leave after question time to make a personal explanation.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

You're directing your comments to me, Senator Wong. Leave has been sought. The Labor Party is not objecting to leave. Senator Di Natale, are you objecting to leave being granted?

Senator Di Natale interjecting

I need your position. I'm going to put the question. Leave has been sought. Is leave granted?

Photo of Richard Di NataleRichard Di Natale (Victoria, Australian Greens) Share this | | Hansard source

No, leave is not granted.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Leave is not granted. We will now proceed with question time.

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

Going back to Senator Chisholm's question, Senator Chisholm suggests that there is something inappropriate about a senator who lives in Toowoomba, whose electorate office is in Toowoomba, making on observation during the hearings of a Senate committee about the progress—

Senator Wong interjecting

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Senator Wong! Is there a point of order, Senator Williams?

Photo of John WilliamsJohn Williams (NSW, National Party) Share this | | Hansard source

Mr President, I ask you to ask Senator Wong to be quiet while we listen to the answer instead of screaming across the chamber at Senator O'Sullivan, please.

The PRESIDENT: I remind all senators not to interject while other senators are speaking.

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

Again, this is the absurdity of Senator Chisholm's question: he suggests that Senator O'Sullivan, who lives in Toowoomba, whose electorate office is in Toowoomba, has done something inappropriate by making a remark during the course of the hearings of a Senate committee about the progression of the largest capital works project in the history of Toowoomba. According to Senator Chisholm, by his own benighted lights, there is something unusual or inappropriate about that.

The fact is that this government is extremely proud to have funded the Toowoomba Second Range Crossing. We are very proud of the fact that, going back to the days when Mr Ian Macfarlane was the member for Groom, Mr Ian Macfarlane and many other coalition members and senators from Queensland have urged the government to fund the Toowoomba Second Range Crossing. We are very proud of the fact that we are the government who are delivering on the Toowoomba Second Range Crossing. If Senator Chisholm had the slightest interest in or knowledge about the interests of the people of Toowoomba, which obviously he doesn't, rather than take cheap political points, he'd be applauding it.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Senator Chisholm, a supplementary question.

2:58 pm

Photo of Anthony ChisholmAnthony Chisholm (Queensland, Australian Labor Party) Share this | | Hansard source

I look forward to being in Toowoomba on Sunday with the Premier. Senate standing order 27(5) states:

A senator shall not sit on a committee if the senator has a conflict of interest in relation to the inquiry of the committee.

What action will the government take to ensure Senator O'Sullivan has not breached that standing order?

2:59 pm

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

I have seen no evidence whatsoever that Senator O'Sullivan did have a conflict of interest, and I don't believe that Senator O'Sullivan does have a conflict of interest. If the Labor Party hadn't denied him leave to make a statement, we wouldn't even have this question because Senator O'Sullivan would have been given the opportunity to clarify the matter and demonstrate, before now, why the innuendos and insinuations against him coming from this man on the other side of the chamber are utterly false and unworthy.

Senator Cash interjecting

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

A point of order, Senator Wong?

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | | Hansard source

Senator Cash should withdraw that.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Excuse me, Senator Wong. You're addressing your remarks to me.

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | | Hansard source

Mr President, I apologise. Senator Cash—I may have misheard her—said something highly unparliamentary to Senator Cameron, and I ask her to withdraw.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

I didn't hear anything because of the noise in the chamber, but, Senator Cash, can I ask—because I do of all senators—that, if you said something that was unparliamentary, you withdraw.

Photo of Michaelia CashMichaelia Cash (WA, Liberal Party, Minister for Women) Share this | | Hansard source

I stated that Senator Cameron defended Luke Collier, who is a girlfriend basher. If Senator Cameron is offended by it, I will withdraw it.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Thank you, Senator Cash.

Photo of Catryna BilykCatryna Bilyk (Tasmania, Australian Labor Party) Share this | | Hansard source

It's not just Senator Cameron who you offended!

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Order! Senator Bilyk. Can I just make the comment that some comments, whilst they might not be unparliamentary, can be unsavoury. I'll just leave the comment at that. Have you concluded your answer, Senator Brandis?

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

Yes.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Senator Chisholm, a final supplementary.

3:01 pm

Photo of Anthony ChisholmAnthony Chisholm (Queensland, Australian Labor Party) Share this | | Hansard source

Given the department responsible for the Commonwealth's involvement in the project reports to the Rural and Regional Affairs and Transport Legislation Committee, can the minister explain to the Senate why it is appropriate that Senator O'Sullivan continues as chair of the committee despite his commercial interests?

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

It's because he's a fantastic advocate for regional Australia. That's why. He's a better advocate than you are, Senator Chisholm. It's not a secret, Senator Chisholm. It is not a coincidence, Senator Chisholm, that the Australian Labor Party does not hold a seat, federal or state, west of Brisbane. Do you know why? It's because the people who live in Toowoomba, like Senator O'Sullivan, know that people like you, Senator Chisholm—creatures of the Labor Party machine—haven't the slightest interest in them. You don't have the slightest interest in them; you don't have the slightest interest in their wellbeing. You couldn't care less about representing them. You come into this chamber to mock the greatest capital works project in the history of Toowoomba which every man, woman and child in Toowoomba would be glad of, but not you, Senator Chisholm, because you don't deserve to represent the people of Queensland. I ask that further questions be placed on the Notice Paper.