Dr WOODRUFF question to PREMIER, Mr ROCKLIFF
The Integrity Commission’s chief Greg Melick recently told a parliamentary committee that since early 2003, the authority has faced ‘significant problems in reaching a protocol when investigating members of parliament’. He said the lack of protocol ‘makes it almost impossible to investigate a member of parliament unless they fully comply’. At least one investigation is being held up because of the lack of protocol.
I am sure you would agree that this needs to be fixed. This is a priority, but it may take some time. In the meantime, if MPs want to, they can indefinitely stall an Integrity Commission investigation by refusing to cooperate.
In the event any MP was subject to an investigation, is it your expectation that they would comply? Do you agree that all of us, no matter where we sit, should cooperate with the Integrity Commission if requested?
The SPEAKER – I will call the Premier to the question, noting that some of those matters may fit under the role of presiding officers as well, but in terms of the Premier’s view on this –
Dr Woodruff – It is not about the presiding officers.
ANSWER
Honourable Speaker, I am always willing to listen to the views of the Integrity Commission, which we have continued to increase our resources to over the last six or seven years or so. You mentioned 2003 – I would go back and correct your record, or look at your records, because the Integrity Commission was not set up, I think, until 2009, and I am well aware –
Dr Woodruff – Point of order, Speaker. I quoted Greg Melick, the Chief Commissioner, in that. He said 2003.
Mr ROCKLIFF – That is fair enough, but again, if you are going to come into this place and provide scrutiny, then you need to check your facts, Dr Woodruff.
The SPEAKER – You are debating points, and this is not a conversation between the two of you, Premier. Could you address the House?
Mr ROCKLIFF – I was on the Joint Standing Committee which advised the parliament to set up the Integrity Commission. I remember. I was on it since 2008 and I believe it was set up in 2009. I want to correct the record there. I stand to be corrected, but I believe it was 2009.
My expectation is that there are increased resources for the Integrity Commission. I welcome the appointment of Ms Ellen McKenzie, who is the new Chief Executive Officer of the Integrity Commission. Ms McKenzie, as I understand it, has a strong professional interest in ethics, administrative decision‑making and effective case management, all of which align closely with the role of the Integrity Commission.
The Tasmanian government supports improving the operations of the Integrity Commission, and as previously stated, the Tasmanian government values the Integrity Commission’s work, respects its work and its independence, and has every confidence in its ability to undertake its duties.
A parliamentary protocol is a matter for the commission to continue to explore with parliament. Creating a protocol requires the leadership and negotiation of the Integrity Commission as an independent statutory body, the clerks of each House of parliament, the Speaker of the House of Assembly and the President of the Legislative Council.
The formal adoption of a protocol is then a matter for all members of parliament, and protocols of this nature are made, at least in part, to respect the coercive powers of the Integrity Commission on the one hand, and the parliament’s right to protect its rights and immunities, which are essential for it to operate effectively – parliamentary privilege – on the other. Respecting the independent nature and operations of the Integrity Commission, the government would prefer parliamentary privilege to remain subject to the protocol of parliament itself.
SUPPLEMENTARY QUESTION
Dr WOODRUFF – A supplementary question, Speaker?
The SPEAKER – I will hear the supplementary question.
Dr WOODRUFF – First of all, I correct myself. I misspoke and I meant to say 2023, not 2003, so we got off to a misunderstanding.
Premier, this is about a matter of principle. There is no way for the Integrity Commission to properly investigate members of parliament unless they cooperate at the moment. That problem will take a long time to be fixed with the protocol. Until then, do you think all MPs have an obligation to do the right thing and comply with the commission in the event of an investigation?
ANSWER
I expect MPs to comply with the law. The act was passed in 2009 and the Integrity Commission commenced operations in October 2010, for the record. I accept 2023 versus 2003, and thank you for correcting the record.
I expect all MPs to comply with the law, first and foremost –
Dr Woodruff – But in the absence of a protocol, if they are under an investigation?
The SPEAKER – Order, Leader of the Greens.
Mr ROCKLIFF – Dr Woodruff, I have mentioned the protocol. I have given quite a detailed answer with respect to that as we are working through these matters, but in the meantime and forever, I expect MPs to comply with the law.
