Independent Commissioner Against Corruption (Investigation Powers) Amendment Bill

Second Reading

Adjourned debate on the question:

That this bill be now read a second time.

to which the Hon. K.J. Maher moved to leave out all words after 'That' and insert:

the bill be withdrawn and referred to the Crime and Public Integrity Committee.

(Continued from 24 July 2018.)

The Hon. F. PANGALLO (12:11): Normally, SA-Best is very supportive of bills being referred to committees for inquiry. Generally speaking, this is an important parliamentary process in the making of legislation. However, in this instance we do not consider it necessary to refer this bill to committee, especially given the opposition's timing of the proposal of the referral. The bill covers matters that have been widely debated in the public for several years and extensively covered by the ICAC commissioner in his lengthy and damning Oakden report released in February this year.

These are measures which SA-Best has been pushing for and, while I accept there is no ill intent on the part of the opposition, the timing of this proposal is unfortunate. Further, we remain to be convinced of the need for an inquiry. While the commissioner will not pass comment on matters of parliamentary process, I think it is fair to say that he would prefer a speedy passage of this bill, and with that we wholeheartedly concur.

The PRESIDENT: I understand, Treasurer, that you close the debate and then we move to the motion at hand.

The Hon. R.I. LUCAS (Treasurer) (12:13): I thank honourable members for their contributions to the second reading of the ICAC (Investigation Powers) Amendment Bill 2018. The government's position has been put on the public record by the Attorney-General in the last 24 to 48 hours in relation to this bill. It is the government's clear position that this bill has been debated by the parliament over very many months. In fact, the concept or the idea of open hearings in certain circumstances has been debated for a considerably longer period of time.

This issue was discussed and debated and, in our view, also voted on at the last state election. The people of South Australia comprehensively supported an incoming government that was pledged to open up—at least to a certain degree—transparency and accountability in relation to the operations of certain investigations of the ICAC.

The former Labor government, now the opposition, which had fought tooth and nail for many years to oppose that level of transparency, was comprehensively rejected by the people of South Australia. The government is therefore dismayed to see this attempt by the shadow attorney-general—as we understand it driven by the Leader of the Opposition, the member for Croydon—to, in essence, stymie the wishes of the people of South Australia in relation to transparency of ICAC hearings in those limited circumstances.

It is disappointing that the Labor Party, almost in this last gasp, is attempting to further delay the passage of this legislation. It has had the opportunity to debate this issue for a long period of time. As I said, Labor fought tooth and nail all along the way and then said they were going to adopt a new approach, they were going to be supportive of the principles behind the legislation. However, what we have now seen is another attempt to further delay and find further reasons this particular policy position should not be proceeded with.

Let us be quite clear that the attempt to refer it to a committee of the parliament is an attempt by the Labor Party to try to find reasons for it to be further delayed or indeed even defeated as a result of the committee's investigations. There can be no other purpose, from the government's viewpoint, for that particular policy objective of the member for Croydon and the Leader of the Opposition in this place.

The former government fought tooth and nail to prevent Commissioner Lander from conducting his hearings into the Oakden scandal in public, despite the commissioner specifically requesting that particular option. By opposing those open ICAC hearings into the Oakden scandal the former government put its political interests before the interests of the elderly residents at Oakden, their families and the wider community.

The government does not believe the Labor Party should be allowed to continue to put its own political interests ahead of the interests of the many affected families, whether it be in relation to the Oakden scandal or any other inquiry the ICAC commissioner chooses to pursue. The government will strongly oppose this attempt by the Leader of the Opposition, on behalf of the member for Croydon and leader of the Labor Party in another place, to again try to prevent the transparency and accountability the public demanded at the last election in relation to some of the processes of ICAC.

The PRESIDENT: I put the question that the words proposed to be struck out stand part of the question. If you support the government you vote yes and if you support the Leader of the Opposition's position you vote no.

The council divided on the question:

Ayes 10

Noes 11

Majority 1

Question thus negatived.

The PRESIDENT: I therefore put the second question that the words proposed to be inserted be so inserted. This refers to an earlier motion moved by the Leader of the Opposition.

Motion carried.

The Hon. K.J. MAHER (Leader of the Opposition) (12:24): On behalf of honourable members concerned, I move:

That the order of the day be discharged.

Motion carried; bill withdrawn.

Standing Orders Suspension

The Hon. K.J. MAHER (Leader of the Opposition) (12:24): As I foreshadowed, in terms of limiting it to a very short time that it is referred to the committee, I move:

That standing orders be so far suspended as to enable me to move an instruction without notice.

The PRESIDENT: I note there is an absolute majority required. I note there is an absolute majority in the chamber.

Motion carried.

The Hon. K.J. MAHER (Leader of the Opposition) (12:25): I move:

That it be an instruction to the Crime and Public Integrity Policy Committee to report on its inquiry into the Independent Commissioner Against Corruption (Investigation Powers) Amendment Bill no later than Tuesday 4 September 2018 and that that message be sent to the House of Assembly transmitting the foregoing and requesting its concurrence thereto.

Motion carried.