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Legislative Council - Fifty-First Parliament, Second Session (51-2)
2007-10-18 Daily Xml
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XENOPHON, HON. N.

The Hon. R.D. LAWSON (14:31): I seek leave to make an explanation before asking the Leader of the Government in this place a question about Mr Xenophon's replacement.

Leave granted.

The Hon. R.D. LAWSON: Yesterday, in response to a question about when the government proposed to fill the vacancy left by the resignation of the Hon. Nick Xenophon, the minister said:

My experience in the past is that these vacancies normally take a month or so to fill.

The records show that the minister himself was appointed to this council about two weeks after the resignation of the Hon. Barbara Wiese—far from a month or so. More importantly, Mr President, there were no sitting days of this parliament—this council did not sit at all—between the date of Ms  Wiese's resignation and the appointment of the Hon. Paul Holloway. Indeed, when my colleague the Hon.  Ms Schaefer was appointed to fill the vacancy left by the Hon. Bob Ritson there were no sitting days between the resignation of that former member and the appointment of Ms Schaefer.

Similarly, Mr President, when you yourself were appointed to replace George Weatherill in 2000 there were no sitting days when the Labor Party was missing any representative of this council, because this council did not sit—nor was there in the case of Paolo Nocella, nor in the case of the Hon. Ms Lensink, nor in the case when former Democrat Ms Kate Reynolds was appointed. In fact, looking over the records for the past 20 years, parliament sat only one day when new members, who were replacing former members, were not present—and that was last year when the Hons Bernie Finnigan and Stephen Wade were both appointed on 2 May. Parliament had sat on one day, which was the ceremonial opening day in April, following the state election last year. Of course, one can say that there was no political advantage at all there, because it was one member of the government and one member of the opposition who were missing on that one ceremonial day.

Around the corridors, members of the Labor Party are saying (contrary to the statement made by the minister yesterday) that crown law advice has already been obtained to the effect that there is no constitutional impediment to the appointment of Mr John Darley to replace Mr Xenophon. The Attorney-General has been on public radio saying that the Labor Party will be campaigning against Mr Xenophon on the ground that his claim that he will not come back and fill his own vacancy is false because, as the Attorney-General is telling radio listeners, it is legally possible for him to do so. Of course, the longer the parliament sits the longer the Labor Party can run that particular campaign, and I suggest that is why it wants to keep the appointment open until after the Federal election. My questions to the minister are:

1. Will he apologise for misleading the council regarding the suggestion that, in his experience, filling these vacancies takes a month or so?

2. Will he also apologise for suggesting yesterday that crown law advice will be sought at some time in the future, whereas in fact it has already been sought and obtained?

The Hon. P. HOLLOWAY (Minister for Police, Minister for Mineral Resources Development, Minister for Urban Development and Planning) (14:35): Of course I will not. What I can say is that there has never been such an occasion in this council. If we were to fulfil what the Hon. Robert Lawson is suggesting, we would have had a joint sitting yesterday or Monday or Tuesday, a day or two after the Hon. Nick Xenophon resigned. That has never happened before; I will guarantee that in the history of this place there has never been a joint sitting of the parliament the day after someone resigned. It is not the government's fault. If Mr Xenophon chooses to run for the Senate and resign from this council that is fine, but he cannot expect that suddenly this parliament will jump into action.

It is it is absolutely disgraceful for members opposite to suggest that in some way this government is playing games. For heaven's sake! He resigned on Monday, and on Wednesday they are asking questions about when he will be replaced. One might ask why the Liberal opposition is so keen to get Nick Xenophon's nominated successor. He apparently has suggested that he and he alone can appoint his successor. The Hon. Ms Bressington was elected on that ticket. If you are talking about a Nick Xenophon replacement, the Hon. Ms Bressington was elected on that ticket, so there is a replacement there. Why is the Liberal Party so keen—

Members interjecting:

The Hon. P. HOLLOWAY: The Democrats? What a joke! Let us just end this nonsense now. Mr Xenophon resigned on Monday. It is his choice to run for the Senate. In all those other cases that were mentioned by the Hon. Mr Lawson, members of this council resigned at a time that was convenient for the parliament. They did not resign at a time when it was convenient for their political ambitions: they resigned at a time such as the end of a session so that the proper procedures could be put in place and their replacement could be here in due course. That is what has happened in the past.

I do not criticise Mr Xenophon for resigning and running for the Senate if he so wishes, but it is totally and utterly unacceptable to expect that somehow or other this parliament should jump to his wishes at a moment's notice. As I said, his replacement will be addressed in the appropriate time and in the appropriate way. In relation to legal advice, as I indicated yesterday, it is my understanding that legal advice has been sought. It has not been done through me. Obviously, the Premier's office has done that. I am not sure whether or not it has advice.

Members interjecting:

The Hon. P. HOLLOWAY: There are far more important things. I know people opposite have nothing to do in their lives. I know they think the Legislative Council should exist purely for their amusement, but in fact the Legislative Council has a role apart from keeping members opposite amused: we do actually have to pass—

Members interjecting:

The Hon. P. HOLLOWAY: Yes, I do; and how much better this state would be. Perhaps we could have a chance of catching up to Queensland and other states that do not have this massive and costly impediment imposed on them, but that is another story. While this place is here, we have to get through some government legislation. I have been trying to get that legislation through. That is my priority and, if members here decide to pursue other careers, that is their business and we will deal in the appropriate time and in the appropriate way with their replacement. Legal advice was sought, and it may well be that the government has that advice, but either way there have to be gazettals.

Members interjecting:

The Hon. P. HOLLOWAY: We are coming towards the end of a busy session. What you people want is to hold up and obstruct government legislation. Economic sabotage is the sole resort they have. They cannot govern; they failed at that. They love diversions. Anything they can do, other than sit and pass the government's legislation, they will consider. We get something on trees, which we have had for a year, and they cannot even make up their mind on that. They have been dithering on all these things for over a year. They cannot decide whether they will vote yes or no, so they want to send it off to a committee. They are just not fit to govern.

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