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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-10-29 Daily Xml
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GOVERNMENT PROBITY

Mr GRIFFITHS (Goyder—Deputy Leader of the Opposition) (15:02): My question is to the Premier. Did the Premier seek the advice of the Crown Solicitor and the head of Treasury and Finance when he became aware that Mr Andrew Newman, a senior representative of the consortium bidding for the proposed new RAH, would be sitting at his table at the Labor Party SA Progressive Business fundraiser on 1 October 2009?

Yesterday the Treasurer told the house that the government's probity guidelines are 'very strictly applied' and that the advice:

...is quite clear: it is forbidden for government ministers to enter into dialogue relating to the hospital project as it relates to the tendering process. If there is to be dialogue, that dialogue must be sanctioned through the probity process, which includes the Crown Solicitor and the head of Treasury and Finance...

Members interjecting:

The SPEAKER: Order!

The Hon. K.O. FOLEY (Port Adelaide—Deputy Premier, Treasurer, Minister for Industry and Trade, Minister for Federal/State Relations) (15:03): Obviously the deputy leader—some would like to think shadow treasurer; of course I do not—is clearly afraid to ask me a question. I think I have had about two questions, if that, in my time here. I cannot recall a debate with the shadow finance minister on the radio, which I do every morning or every week—

Mr WILLIAMS: Point of order, Mr Speaker: standing order 98, relevance. This is totally irrelevant and I believe it is entering into debate as well.

The SPEAKER: Order! The Deputy Premier does need to turn to the substance of the question.

The Hon. K.O. FOLEY: Mr Speaker, I would just like to know, before the election, who to deal with when it comes to finance matters.

The SPEAKER: The Treasurer will please deal with the substance of the question.

Mr Griffiths interjecting:

The Hon. K.O. FOLEY: You are the weakest shadow treasurer I have ever seen.

The SPEAKER: Treasurer!

Members interjecting:

The SPEAKER: Order!

The Hon. K.O. FOLEY: The weakest link.

Members interjecting:

The SPEAKER: Order!

The Hon. K.O. FOLEY: So bad is the questioning from the shadow finance minister that he has to ask a question that he asked yesterday.

Mr PENGILLY: Point of order, sir: the Treasurer is not addressing the member for Goyder, the Deputy Leader, by his correct terminology, again. If he cannot get it right, why doesn't he go home.

The SPEAKER: Order! The member for Finniss will take his seat. The Treasurer.

Members interjecting:

The SPEAKER: Order!

Members interjecting:

The Hon. K.O. FOLEY: All right, all right—

Members interjecting:

The SPEAKER: The members on my left!

The Hon. K.O. FOLEY: There is such bite in the junior minister—for whatever it is. As I said yesterday, the government has undertaken all PPP projects—

Mr Venning interjecting:

The SPEAKER: The member for Schubert!

The Hon. K.O. FOLEY: —subject to approved probity plans and procedures. The probity controls of these projects include: the Crown Solicitor's probity plan—

Mr Williams: We know that. We know all that.

The SPEAKER: The member for MacKillop!

Members interjecting:

The SPEAKER: Order! The house will come to order! The Deputy Premier.

Members interjecting:

The SPEAKER: Order! The Deputy Premier has the call.

Mr Venning interjecting:

The Hon. K.O. FOLEY: You were a mug yesterday when they gave you that second question.

The SPEAKER: The member for Schubert will come to order!

The Hon. K.O. FOLEY: The probity controls of these projects include, and I repeat: the Crown Solicitor's probity plan, protocols for ministers and ministerial staff, and a probity and process deed with each consortia member, and they are required to sign before entering the tendering phase of the project. Such controls ensure that the projects are conducted in a fair, impartial and unbiased manner. It is a requirement of the probity and process deed signed by bidders that bidders seeking further information in regard to a PPP project must only contact the project director.

I am going to come exactly to this answer, but it is important that we look at it in the broad, that is, that it is improper and a breach of the probity and process deed and could well put their bid in jeopardy if a tenderer themselves were to raise questions or matters with unauthorised persons, which would include a minister and/or premier who are not the responsible project directors. If companies who are also members of a consortium wish to meet with ministers, or their staff, it is made clear that no discussion of the project or project details is permitted.

Mrs Redmond interjecting:

The Hon. K.O. FOLEY: Sorry?

Mrs Redmond interjecting:

The Hon. K.O. FOLEY: I beg your pardon?

Mrs Redmond interjecting:

The Hon. K.O. FOLEY: I have just said there is a process and probity deed that they have to sign. That is in the process and probity deed. I mean, how direct and open do I have to be?

Members interjecting:

The SPEAKER: Order!

Members interjecting:

The SPEAKER: Order! Members on my left and right!

The Hon. K.O. FOLEY: If meetings with—

Mr Venning interjecting:

The SPEAKER: The member for Schubert!

The Hon. K.O. FOLEY: What was that, Ivan?

The SPEAKER: No. The member for Schubert has been picked up and asked not to interject. The Deputy Premier.

The Hon. K.O. FOLEY: I would be careful if I were you, Ivan, very, very careful.

The SPEAKER: The Deputy Premier!

Members interjecting:

The SPEAKER: If members—

Mr VENNING: Point of order: there was a direct threat—

The SPEAKER: Order!

Mr VENNING: —across the parliament to me and—

The SPEAKER: Order! Sit down! If I do not feel that I am able to control this chamber, if members continue to ignore my calls for order I will resign; I will go over to Government House and hand in my commission. The behaviour today has been nothing short of disgraceful and makes me ashamed to be a member of this place. The Deputy Premier.

The Hon. K.O. FOLEY: If companies that are also members of the consortium wish to meet with ministers or their staff, it is made clear that no discussion of the project or project detail is permitted. Furthermore, as I said, if meetings with consortia members do proceed, they are usually attended by project directors or members of an executive steering committee to ensure probity guidelines are adhered to.

Mr Pisoni interjecting:

The SPEAKER: Order, the member for Unley!

The Hon. K.O. FOLEY: Ministers and their staff are aware that they are not permitted to discuss any projects or project details at any social functions they may attend. Bidders are also aware of this and agree to these conditions by signing the probity and process deed. Each of the successful shortlisted consortia for the schools project, in particular—because that is a project that has now been let—Axiom, Plenary and Pinnacle, signed the process and probity deeds in May 2008.

The process was also undertaken in July 2008 for the new prisons and secure facilities projects, the shortlisted consortia being Secure Australian Facilities Environment, Secure Partnerships SA and Torrens Corrections Partnership. The exact process is in place now for the new Royal Adelaide Hospital. I have written to ministers and ministerial staff consequent to that advising of these protocols, expectations and rules.

For a social function—be it a Labor Party function, a Christmas drinks or some other informal environment, which in a business community we come across on a repeated basis—it is both impractical and nonsensical to say that you cannot have association, particularly given that many of these companies have matters other than the particular contracts on which they are dealing with government that they are at liberty to discuss with the Premier, ministers and public officials.

However, it is the strictest, tightest and toughest code on both ministers (including the Premier) and consortia members, and it has not to this point that I am aware been breached. We hold the honour and integrity of this government in this process very high. We are respected in the broader business community, and I would ask the junior shadow minister to think carefully about doubt that he puts on this project.

Members interjecting:

The SPEAKER: Order! The Deputy Premier.

The Hon. K.O. FOLEY: This is a project that has the highest standards of protocol unlike the shemozzle and absolute disregard for process that occurred under the last Liberal government.

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