House of Assembly: Thursday, July 12, 2012

Contents

Adjournment Debate

BARTON ROAD, NORTH ADELAIDE

The Hon. M.J. ATKINSON (Croydon) (16:13): Former Liberal MLC and Liberal Party treasurer Legh Davis rang into this morning's ABC 891 discussion on Barton Road and told listeners—

Ms CHAPMAN: Point of order: this is the subject of legislation which is under consideration now between the houses. The bill has passed the House of Assembly and is now progressing to the Legislative Council.

The Hon. M.J. Atkinson: It is not about the merits.

Ms CHAPMAN: The issue of the opening and closing of Barton Terrace is the entire subject matter of the bill in question. Mr Davis has made statements, as the member has just outlined, publicly today about that matter. I would suggest that it is not appropriate that the member for Croydon start to get into some debate in this house while it is still before us as a parliament. Obviously others can—indeed, he can, outside of the parliament—make public statements, but while this is still the business of the house then I would ask that you rule that he not be able to proceed to the commentary on this bill.

The ACTING SPEAKER (Hon. M.J. Wright): I will listen carefully to the member. The member has hardly started his remarks at this stage, so we will listen to what he has to say.

The Hon. M.J. ATKINSON: Legh Davis told listeners, and I quote:

I should declare an interest. I was a member of parliament for the Liberal Party when Michael Atkinson introduced this.

Ms CHAPMAN: Point of order.

The ACTING SPEAKER (Hon. M.J. Wright): Is it the same point of order?

Ms CHAPMAN: Barton Terrace.

The ACTING SPEAKER (Hon. M.J. Wright): There is no point of order.

Ms CHAPMAN: Barton Terrace is referred to, and he has made this statement about the allegations in respect of conflict of interest, which was the subject matter of the debate when we discussed this matter in the house.

The ACTING SPEAKER (Hon. M.J. Wright): There is no point of order. The member may continue.

The Hon. M.J. ATKINSON: Mr Davis told ABC listeners:

I should declare an interest. I was a member of parliament for the Liberal Party when Michael Atkinson introduced this. He's had an obsession with this for years. It was interesting, when he first introduced the legislation in the early 2000s he did not declare an interest that he used to take his children to St Dominic's—

Ms CHAPMAN: Point of order.

The ACTING SPEAKER (Hon. M.J. Wright): There is another point of order from the member for Bragg.

Ms CHAPMAN: This is now clearly debating the issue which is the substance of this bill: the allegation, which was the subject of the debate on this bill in this very house. That was an issue in the course of that debate, namely, the alleged conflict of interest of the member for Croydon in relation to the bona fides of the introduction of his—as he has described himself—obsession about this matter. That was clearly the basis of discussion and debate on this bill.

The Hon. M.J. ATKINSON: Why are you so embarrassed, Vickie?

The ACTING SPEAKER (Hon. M.J. Wright): There is no point of order. The member may continue.

Ms CHAPMAN: You can go on FIVEaa, you can go on ABC, you can do all of those things.

The ACTING SPEAKER (Hon. M.J. Wright): The member for Croydon may continue.

The Hon. M.J. ATKINSON: Thank you. I will go back to the start of Legh Davis' quote:

I should declare an interest. I was a member of parliament for the Liberal Party when Michael Atkinson introduced this. He's had an obsession with this for years. It was interesting, when he first introduced the legislation in the early 2000s he did not declare an interest that he used to take his children—

children, plural—

to St Dominic's and had to spend an extra three minutes getting them—

them—

there which obviously annoyed him. Didn't declare that.

By way of explanation, Legh Davis' reference to St Dominic's is a reference to St Dominic's Priory school, a girls school in Hill Street, North Adelaide.

I was campaigning for the reopening of Barton Road before my only daughter was born. When I first introduced legislation to reopen Barton Road, my daughter was at St Joseph's Primary School, West Hindmarsh. St Dominic's Priory school was a girls school, and I am the father of only one daughter, so Legh Davis' reference to children (plural) and them (plural) is false.

I have never driven a motor vehicle. I never took my daughter to St Dominic's Priory school, unless we both went on the bus, nor did I take her in anyone else's vehicle, unless it was the bus driver's vehicle. The bus has always been able to move to and fro through the Barton Road bus lane. Even if Legh Davis' allegation were true, which it is not, it would not be a relevant conflict of interest for the purpose of parliamentary votes because it is an interest I would have shared with thousands of western suburbs constituents.

My daughter left St Dominic's Priory school eight years ago. The member for Adelaide's and the member for Bragg's—

Ms CHAPMAN: Point of order. I raise a further point of order. We have not only gone from the issue of an explanation as to the alleged conflict of interest, on which you have ruled, but we have now gone on to commentary by the member for Croydon about the voting obligations or entitlements in respect of that very specific bill. Now, if that is not a breach of the content of the debate on this matter, I do not know what is.

In my submission to you, Mr Acting Speaker, that is a direct conflict of the rules and the reason why we abstain from entering into discussion about a bill when it is to be debated in the house in its proper form. As I have said, the member for Croydon can have all sorts of arguments with other people out there in the general community and in the media and the like: he is perfectly entitled to do that, but we have rules in here to protect the sanctity and integrity of the debates in relation to the business before the house. To now start traversing his justification for being privy to the vote is a direct and flagrant breach of that.

The Hon. M.J. ATKINSON: It has nothing to do with the merits of the bill.

The ACTING SPEAKER (Hon. M.J. Wright): If the member was reflecting on the vote, he would be out of order. He is not doing that; he has not done that. I said that I would listen carefully, and I will continue to do so. I do not think that the member for Croydon has done anything to breach any standing order.

The Hon. M.J. ATKINSON: My daughter left St Dominic's Priory school eight years ago. The member for Adelaide's and the member for Bragg's agitating of this issue is unnecessarily personal and, as it happens—

Ms CHAPMAN: Point of order, Mr Acting Speaker. Now we have a direct reflection on the two speakers against the bill, who spoke in the parliament this week, and their contributions to this debate. Now we have a direct and deliberate reflection, adversely of course, against me and the member for Adelaide, who has been the lead speaker on behalf of the opposition, and the contribution we have made in that debate.

It is not only offensive but also reflecting on the motive of the speakers in relation to the debate, which still remains before the house. On both of those counts, I ask you, Mr Acting Speaker, to silence the member for Croydon, if that is possible, on this issue. He can use his time to discuss any other important thing in his electorate, or any other thing for that matter, unless it is before the house.

The ACTING SPEAKER (Hon. M.J. Wright): The member for Croydon may continue. I do not agree with that point of order.

The Hon. M.J. ATKINSON: So, the member for Bragg's agitating of this issue is unnecessarily personal and, as it happens, not soundly based. Legh Davis did not disclose—

Members interjecting:

The ACTING SPEAKER (Hon. M.J. Wright): Order! The member will be heard in silence.

Ms Sanderson interjecting:

The Hon. M.J. ATKINSON: One disgraceful lie, member for Adelaide—and you repeated the offence yesterday. Legh Davis did not disclose to ABC 891 listeners that he is enrolled on the electoral roll at No. 240 Childers Street, North Adelaide, metres from the disputed closure, and therefore is a beneficiary of any improvement to residential amenity, and anything else, effected by the road closure. That would be a relevant conflict of interest if Legh Davis had voted on a bill about the closure of Barton Road, which he did by dint of being paired for the noes during a vote in 2001.