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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-11-17 Daily Xml
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Matter of Privilege

MATTER OF PRIVILEGE

Ms CHAPMAN (Bragg) (20:05): Madam Acting Speaker, I rise to bring to your attention a matter of privilege and I refer to the following: immediately prior to the dinner break, the parliament was sitting in committee for consideration of the Auditor-General's Report. The Hon. Kevin Foley (Treasurer) was being questioned and I, in fact, raised a question to the Treasurer in respect of why the government had entered into contracts with United Water without tender specifications which had been the basis of comment by the Auditor-General in his 2007 report. The Treasurer declined to give an answer but did ultimately indicate that he would take on notice whether he was able to do so. In the course of his response, he said as follows:

As a lawyer, I would have thought the shadow attorney-general would realise that this is now a matter before the courts.

He then went on to say:

No; it is a matter before—well, it might be. I would have thought that as shadow attorney-general, she would understand better than I that this matter is now in the courts.

I then responded, 'You have made statements on this in the house.' The Treasurer responded, 'Prior to it going to court.' The chair declared, 'Order!' and said, 'Member for Bragg, please do not interrupt.' The Treasurer went on to say, 'My statements made on this matter were before the matter was before the courts.' I said, 'Don't mislead the house.' He said, 'I'm sorry?' and then inquired as to who issued proceedings and there was a general order on it.

The Treasurer, in the course of this transcript, indicated that he would check on a number of matters but he says here again, 'Subsequent events were the serving of notice and legal proceedings commencing,' all of which he claimed were after he had made statements both publicly and to this parliament.

I bring the Speaker's attention to the following: firstly, the Treasurer made a number of statements on ABC and FIVEaa radio on 1 September 2009 and 2 September 2009 on the outstanding issues between SA Water and United Water. He then made a ministerial statement to this house on 8 September 2009 in which his opening statement was:

On 31 August 2009, SA Water filed proceedings in the South Australian Supreme Court against United Water alleging misleading and deceptive conduct and a breach of contract.

This is a statement he made to the parliament, followed by statements to the media, all of which postdated the institution of the proceedings on his own admission in this ministerial statement to this parliament on that day.

I ask you, Mr Speaker, to investigate this matter as is your responsibility of course as to whether there is a prima facie case for further investigation as to the Treasurer's misleading of the house on this question of privilege. I am happy to provide a copy of the pleadings, a copy of the ministerial statement, a copy of the transcript and of course a copy of what I have received from Hansard as the statement of the Treasurer immediately prior to the tea adjournment.

The SPEAKER: I will look at the member for Bragg's statement to the house and I am more than happy to look at any other material with which she wishes to furnish me. Just as a general point—and not to do with this specific matter of privilege—a matter of privilege has to be more than some inconsistency or error of fact. A matter of privilege involves a member, any member, be they a minister or otherwise, in some way deliberately furnishing the house with information so as to affect the deliberations of the house. I am not going to engage with the member for Bragg at the moment. I will look at her statement. That is just as a general principle. I will look at the statement of the member for Bragg and any other documentation she has, and I will try to come back to the house with a ruling before the house rises.

Ms CHAPMAN: In the course of documents to be provided, Mr Speaker—

The SPEAKER: I do not need to be provided—

Ms CHAPMAN: The statement of claim, do you want that as well?

The SPEAKER: If the member for Bragg needs to talk to me, perhaps she should just approach the chair.

Ms CHAPMAN: I am happy to do that, Mr Speaker.

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