tim mulherin mp deputy leader of the opposition … · 2013-02-14 · tim mulherin mp deputy leader...

TIM MULHERIN MP

DEPUTY LEADER OF THE OPPOSITION

MEMBER FOR MACKAY

15 November 2012

Han Fiona Simpson MP Speaker of the Legislative Assembly, Chair Committee of the Legislative Assembly Parliament House George Street BRISBANE QLD 4000

Dear Madam Speaker

I wish to draw to Madam Speaker's attention a matter of privilege that has arisen in the House yesterday afternoon.

The Minister for Science, Information Technology, Innovation and the Arts, the Honourable Ros Bates MP, was asked a question by me in relation to the tabling of her lobbyist register at the Education and Innovation Committee's consideration of the 2012/13 Budget Estimates held on 16 October, 2012.

I asked the Minister if she were prepared to table her lobbyist register 'today'. The Minister did not respond as to whether she was prepared to do so, so I again asked if she were prepared to table the register 'by the end of proceedings today'. After the Minister expressed some doubt as to the ability to do so dependent on what staff were still in her office, I asked if she were prepared to take the question on notice and she agreed to do so. This exchange is recorded in the Official Transcript of Proceedings at pages 61 and 62.

As you would be aware, Madam Speaker, Standing Order 183(3)(b) of the Standing Rules and Orders of the Legislative Assembly provides that, in relation to questions taken on notice during Estimates hearings, the answer or additional information is to be given by a time decided by the committee, or if no time has been decided by the committee, within 48 hours after the close of the committee's hearing. Minister Bates was therefore required to provide the response within 48 hours after 8.30pm on 16 October 2012.

At the end of the hearing, recorded at page 90 of the official transcript of proceedings, the Minister tabled her lobbyist register.

On Tuesday 13 November 2012, Minister Bates tabled another version of her lobbyist register. In a Ministerial Statement delivered at 1.00pm on that date, the Minister said,

Hon. RM BATES (Mudgeeraba-LNP) (Minister for Science, Information Technology, Innovation

1

and the Arts) (1.00 pm), by leave: At the estimates committee hearing on 16 October I was asked by the member for Mackay if I would table a copy of the lobbyists register kept in my ministerial office. I was asked to do so immediately, and a staff member in my ministerial office was asked to print a copy of the register and fax it through to parliament so that I could comply with the request.

Today in question time I was asked another question on this same matter. After question time I was informed that it had become apparent that the register I tabled on 16 October was incomplete. This was due to an administrative error in printing the document quickly in order to be able to table it before the committee. This is the first opportunity I have had to correct the record since being informed of the matter a short time ago.

Further, in relation to meetings with Santo Santoro I am informed that I met with him once in May and once in July. I table the complete register to today's date.

Tabled paper: Register of Contact with Lobbyists for the Minister for Science, Information Technology, Innovation and the Arts between 4 May 2012 and 31 October 2012.

The Minister gave no further explanation for discrepancies between the two documents that she had tabled other than what is outlined above. l am concerned by the statement by the Minister on Tuesday that at Estimates she was required to table a copy of her lobbyist register 'immediately'.

As a review of the transcript of the Estimates hearing will clearly indicate, the Minister was asked initially to table it 'today, then 'by the end of proceedings today' and then to take the question on notice, requiring a response within 48 hours after the close of the Committee's hearing. I mention this merely because the statement by the Minister was clearly untrue and reflects adversely on the Member for Mackay, and I therefore wished to correct the record.

On Wednesday 14 November 2012 I asked Minister Bates to please explain the process of tabling lobbyists register documents to the House.

In response to my question, the Honourable the Minister responded, in a simllar vein to the response she gave at a media conference earlier yesterday, 'the original document was tabled in haste by my staff member after 6 o'clock and estimates. It was an administrative error that anybody could have made. It was a mere Excel spreadsheet. There were two pages to the Excel spreadsheet. It was faxed, at the behest of the opposition, during that time.'

I attach a copy of the two spreadsheets tendered, firstly at the Estimates hearing on 16 October 2012 and then again yesterday in this Chamber. The first version of the lobbyist register tendered at Estimates contained listings in the register from 10 July 2012 until15 October 2012. The second version of the register tabled yesterday contained the listings in the register from 4 May 2012 to 31 October 2012. I understand that the first document may have contained those entries contained in the register at that time for the 2012/13 financial year. The second document contained entries for both the 2011/12 and 2012/13 financial years.

The first document tabled at Estimates is two pages in length and the second is four pages in length. The first has one entry on 10 October 2012, followed by an entry for 15 October 2012. The second has four entries on 10 October 2012, followed by the 15 October entry. The three additional entries for 1 0 October are in relation to meetings with Luke Myers from

Government Relations Australia on behalf of AAPT. When the Minister tabled the second register in the House yesterday, she didn't give any explanation

There is a further entry on the first version of the register after the 10 October 2012 entry, being a contact by Mark Rowell from Santoro Consultants with Kirsty Veron, Office Manager, on 15 October 2012.

Therefore, as would be clearly evident from a perusal of the documents in question, the second version is not merely a more extensive version of the first version, covering both financial years. The three Luke Myers entries are inserted into the entries of the first register.

When tabling the second document, Minister Bates offered no explanation for the discrepancy other than the haste of printing the document on the evening of the Estimates hearing by an administrative staff member.

Therefore, Minister Bates's answer yesterday in the Chamber that 'the original document was tabled in haste by my staff member after 6 o'clock and estimates. It was an administrative error that anybody could have made. It was a mere Excel spreadsheet. There were two pages to the Excel spreadsheet. It was faxed, at the behest of the opposition, during that time' doesn't adequately explain the discrepancy between the two documents.

The Minister's answer is therefore patently untrue, and any careful perusal of the documents would clearly show that the explanation given does not explain the discrepancy. If this is the case, the Minister has misled the Assembly, and because of the nature of the documents, must necessarily have known that the statement were not true. It is self-evident. This would prima facie constitute a deliberate misleading of the Assembly.

Section 37 of the Parliament of Queensland Act 2001 sets out the meaning of contempt of the Assembly thus:

(1) Contempt of the Assembly means a breach or disobedience of the powers, rights or immunities, or a contempt, of the Assembly or its members or committees. (2) Conduct, including words, is not contempt of the Assembly unless it amounts, or is intended or likely to amount, to an improper interference with-( a) the free exercise by the Assembly or a committee of its authority or functions; or (b) the free performance by a member of the member's duties as a member.

Standing Order 266 of the Standing Rules and Orders of the Legislative Assembly sets out examples of what might constitute a contempt of the Parliament and, whilst not limiting the power of the House to the matters contained therein, includes a reference, in sub-paragraph (2), to:

deliberately misleading the House or a committee (by way of submission, statement, evidence or petition);

It is my submission to you, Madam Speaker, that the statement by Minister Bates in relation to the spreadsheet was untrue, and the Minister knew it to be untrue. She therefore has deliberately misled the House and l ask that you consider whether this matter should be referred to the Ethics Committee for its consideration of whether the Minister might be in contempt of the Assembly.

Should you have any queries in relation to this matter, please do not hesitate to contact me.

Yours sincerely

Tim Mulherin MP Deputy Leader of the Opposition

Ruth Limkin

From: Ruth Limkin Sent: To:

Friday, 16 November 2012 3:37PM Tim Mulherin

Cc: Subject:

Mackay Electorate Office Matter of privilege

Good afternoon Mr Mulherin

The Speaker received correspondence from you, dated 15 November, regarding a matter of privilege.

The correspondence refers to a copy of spreadsheets being attached, however the attachment was not with the correspondence.

Could you please arrange to have these sent through?

Kind regards

Ruth Limkin Executive Officer Office of the Speaker

PAR.UAMENTARY SERVICE Parliament House Cnr George and Alice Streets Brisbane Qld 4000 Office Phone: 07 3406 7170 mob: 0412 649197

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Date of contact

Name and Title of Principal Department Officer

4/05/2012 Digby Mcleay, COS

Minister Bates

18/05/2012 Kirsty Veron, Office

Manager

21/05/2012 Minister Ros Bates

22/05/2012 Digby McLeay, COS Minister Bates

28/05/2012 Kirsty Veron, Office Manager




Minister Bates

13/06/2012 Digby McLeay, COS

Minister Bates

18/06/2012 Digby McLeay, cos

Minister Bates

18/06/2012 Alexandra Davis, Administration Officer


List all Public Name of Registered Client of Registered Lobbyist including names of those present Officials Lobbyist

Present Nil others

n/a

Minister Ros

Bates

D Mcleay

n/a

Dan Wood

n/a

D McLeay

D Mcleay

D McLeay

Mr Knevett and Mr Nick 1. Freehills lawyers

Melas, Profile Management 2. CSC (Computer Science Consultants Pty Ltd Corporation)

The Honourable Santo nfa Santoro, Santo Santoro Consulting

The Honourable Santo Mr Steve Terry Santoro, Santo Santoro CEO, TechnologyOne Consulting Levelll, TechonologyOne HQ

540 Wickham Street, Fortitude Valley, QLD4006

Mr Nick Melas, Profile Mr Martin Holzworth Management Consultant Pty General manager, esc Ltd

lauren Clark, Barton Deakin

MrTed O'Brien

Sallyanne Atkinson, Barton Deakin

The Honourable Santo

Santoro, Santo Santoro

Consulting


Santoro, Santo Santoro Consulting


Santoro, Santo Santoro

Consulting

S55 Coronation Drive, Toowong 4066 Chris Alston, Development Manager,

pacific View Farm {Qid) Pty Ltd

Australia Post

(?Crawford Fund)

Mr Steve Terry

CEO, TechnologyOne

level11, TechonologyOne HQ

540 Wickham Street, Fortitude Valley,

QLD4006 Mr John Vickers

General Manager, TechnologyOne

Level 11, TechonologyOne HQ


QLD4006

Method of contact Purpose of Contact

(email/phone/letter/me eting)

Meeting in Minister's To introduce themselves and to advise they act office for the above clients. Freehills lawyers

specialise in Procurement Law. CSC provide

current platform {IT) for Health "PAS" Patient

Administration System

Phone and email Arrange meetings for Minister Ros Bates

Meeting General Discussion

Email, luncheon meeting To provide a basic introduction to esCComputer Science Corporation

IT issues

No specific issue

Phone Request meeting with Minister Bates- following Potential of Pacific View

Meeting

Phone

Meeting at the

Honourable Santo

Santoro's office

up direct email from Chris Alston Estate as alternative Commonwealth Games

village

Discussion of One Stop Shop policy

To arrange a Boardroom lunch for Minister

To discuss Technology One

Using the ubiquity of Australia Post outlets to

provide Gov. services to even the smallest

communities

utcome from contact

il further action required

Nil further action required



Meeting arranged for

Minister with Chris Alston. Electorate office, 4th July.

Further discussions directly with Australia Post

Date confirmed for rues 7 August.


99 Collingwood St,

Albion QLD 4006 Phone To discuss Technology One John Vickers Forum Speech Nil further action required

Thursday 7th June

Phone Nil further action required

Nigel Everingham, ECG Mr Ryan Blol<Som, Westpac Banking Email

Re-schedule lunch with representatives of

Technology 1 to Friday 20th July. Cancel lunch

with representatives of NEC on Thursday 28th

June and re-scheduel for lOth August

Schedule meeting with Digby McLeay

(26/06/2012)

introducing and discusssing Meeting arranged with Advisory

n/a The Honourable Santo


Corporation

Phone Mr Santoro is double-booked for lunch on Friday

20th July

client Digby McLeay for 26 June

2012

Re-schedule lunch with

representatives of

Technology 1 to Tuesday

24th July.

-.9/0~/2012 Digby McLeay, cos Minister Bates


Manager

20/06/2012 Alexandra Davis,

Administration Officer



Manager


Minister Bates

26/06/2012 Alistair Mitchell, Acting cos


Manager

28/06/2012 Digby Mcleay, COS Minister Bates

1 0/07/2012 Kirsty Veron, Office Manager

13/07/2012 Digby Mcleay

16/07/2012 KirstyVeron, Office Manager






16/08/2012 Alistair Mitchell, Senior Policy Adviser

23/08/2012 Kathryn Janiczak, Administration



n/a Mr Nigel Everingham


n/a Ms Beth Offner {works for

Nick Melas)

n/a Ms Beth Offner (works for Nick Melas- Profile

Management Consultants)

n/a Ms Beth Offner (works for

Nick Melas- Profile


n/a Lauren Clark, Barton Deakin

Alistair Nigel Everingham, ECG Mitchell Advisory


Nick Melas- Profile


n/a Mark Powell, Santo Santoro

consulting n/a Mark Powell, Santoro

Consultants

Nick Melas, Profile Management Consultants

n/a Lauren Clark, Barton Deacon

Santo Santoro, Santo Santoro Consultants


Dan Wood, Mark Powell, Santoro Alistair Consultants Mitchell, Ben Gammers n/a Lauren Clark, Barton Deacon

n/a Beth Offner, Profile Management Consultants

Alistair Mitchell Nick McAlpine, Rowland

n/a Luke Myers, Government Relations Australia


n/a Luke Myers, Government Relations Australia

Email

Phone

Freehills, esc Phone, Email

Freehills, CSC Phone

Freehills, esc Phone

Email

Mr Ryan Bloxsom, Westpac Banking Meeting

Corporation


Technology One Email

Steve Terry, Technology One Phone

Yuban Moodley, Snr Legal Associate, Meeting Freehills Jan Reid, Special Counsel, Freehills

Email

Technology One: complete list of Luncheon attendees saved under 2012-07-24

Email

Steve Terry, Technology One Meeting

Email

Freehills Email/phone

PricewaterhouseCoopers, Echo Meeting Entertainment

Hewlett Packard email



Request meeting to introduce representatives of Involve Westpac with

client, Westpac Banking Corporation Government and save money

Meeting to he arranged

Request meeting to introduce representatives of How the ASG Group can Meeting arranged 29 June

2012 client, ASG Group work with the Queensland Government to add value through shared services

Arrange meetings for Digby Mcleay & Minister

Ros Bates

Find date for Minister Bates to attend a boardroom luncheon at Freehil!s

Confirm date for Minister Bates to attend a boardroom luncheon at Freehills

Re Barton Deakin hosting lunch for Minister

Bates Meeting to introduce client, Westpac

Confirm date for Minister Bates to attend a

boardroom luncheon at Freehllls

Request to arrange meeting for Minsiter Bates

with Technology One To arrange an informal discussion between the Minister & Steve Terry

To introduce Freehills and its services

Confirm details for lunch on 7th August

Receive Function Profile detai!ing arrangements for lunch on 7th August Discussion about the future of Shared Services

Re lunch arrangements: dietary requirements for Minister To find and confirm new date for Minister's boardroom lunch Catch up, incidental lobbying

to arrange a meeting with Minister Ros Bates

To confirm date for Freehills boardroom lunch with Minister Bates

To advise Mr Myers that QGCIO has already scheduled a meeting with representatives of Hewlett Packard, so Minister Bates will not need to meet them.

Find suitable dates

Exploration of dates in the Minister's diary

Meetings to be arranged

4 dates proposed. PMC to check and call back.

Date confirmed for Tues 4

September.


double check date

confirmed for boardroom

luncheon

Mr Powell will check availability and call back

Minister invited to attend future board room luncheon.

Details added to diary

Function Profile attached to diary

Shared Services Qld service Nil further action required delivery model.

Need to reschedule from 4th Revised date identified -Sept 25th October. Perception of PwC in Noted position of the Government, proposal by lobbyist Echo Entertsinment

Discuss the role of the Meeting request referred to private sector in delivery of Adviser IT

Meeting date confirmed subject to Minister's need for surgery. No further action

~

30/00/2012 Alistair Mitchell, Senior · Policy Adviser

Alistair James Larsson, Kreab Gavin Great Barrier Reef Foundation Mitchell, Daniel Anderson

Meeting

Harris(C. Newman, MP)

4/09/2012 Digby McLeay nla Luke Myers, Government Airwave Solutions {Australia) email Relations Australia

6/09/2012 Glenn Snowdon, Policy nla Mark Powell, Santoro Institute of Health & Biomedical phone Adviser Consultants Innovation

6/09/2012 Glenn Snowdon, Policy n/a Mark Powell, Santoro Institute of Health & Biomedical email Adviser Consultants Innovation

10/09/2012 Kathryn Janiczak, N!a Luke Myers, Government Airwave Solutions (Australia) Phone Administration Relations Australia

10/09/2012 Kathryn Janiczak, N/a Luke Myers, Government Airwave Solutions (Australia) Phone Administration Relations Australia

10/09/2012 Kathryn Janiczak, N!a Luke Myers, Government Airwave Solutions (Australia) Phone Administration Relations Australia

17/09/2012 KirstyVeron, Office n!a Sallyanne Atkinson, Chair, uxc Ltd Phone Manager Barton Deakin

17/09/2012 Kathryn Janiczak, n!a Gerard Paynter, Director, UXCLtd Email Administration Barton Deakin

18/09/2012 Kirsty Veron, Office nla Gerard Paynter, Director, uxc Ltd Email Manager Barton Deakin

18/0g/2012 Kirsty Veron, Office nla Mark Powell, Santoro Institute of Health & Biomedical phone Manager Consultants Innovation

19/09/2012 Kirsty Veron, Office nla Mark Powell, Santoro Institute of Health & Biomedical email Manager Consultants Innovation

19/09/2012 Kirsty Veron, Office nla Mark Powell, Santoro Institute of Health & Biomedical email Manager Consultants Innovation

18/09/2012 Kathryn Janiczak, N/a Luke Myers, Government Airwave Solutions (Australia) Phone Administration Relations Australia

2/10/2012 Digby McLeay, Chief of N/A Grahame Morris, Barton Barton Deakin Dinner Staff Deakin

5/10/2012 Kirsty Veron, Office n/a Andrew Park, Rowland OIC Global Real Estate Email Manager

10/10/2012 Kirsty Veron, Office n/a Mark Powell, Santoro Institute of Health & Biomedical phone Manager Consultants Innovation

1 0/1 0/2012 Digby McLeay, Chief of nla Luke Myers, Government AAPT email Staff Relations Australia

10/10/2012 Kathryn Janiczak, n!a Luke Myers, Government AAPT email Administration Relations Australia

1 0/10/2012 Kathryn Janiczak, n/a Luke Myers, Government AAPT phone Administration Relations Australia

15/1 0/2012 Kirsty Veron, Office n/a Mark Powell, Santoro Institute of Health & Biomedical email Manager Consultants Innovation

15/10/2012 Tristan Bick and Glenn Sr N/A Nigel Everingham, ASG groupASG Group Meeting 18/10/2012 Kirsty Veron, Office n/a Mark Powell, Santoro Institute of Health & Biomedical phone

Manager Consultants Innovation 18-0ct Minister Ros Bates Dan Wood Gerard Paynter, Barton Mr Cris Nicolli, Managing Director, UXC Meeting

Deakin 19-0ct Kirsty Veron, Office n/a Beth Offner, Profile Freehills Email

Manager Management Consultants

To introduce the Great Barrier Reef Foundation to the Government.

To seek a meeting for ASA with Digby Mcleay To discuss plans re Government Wireless Network

To arrange a meeting with an appropriate person Attracting investment into in Minister's office biotech and pharmaceutical

industries at QUT

To arrange a meeting with an appropriate person Attracting investment into in Minister's office biotech and pharmaceutical

industries at OUT Organise meeting for Digby Mcleay and Daniel As above Wood to meetASA Organise meeting for Digby McLeay and Daniel As above Wood to meet ASA Reschedule meeting for Digby McLeay and As above Daniel Wood to meet ASA Request for Minister to meet v.ith international IT company, UXC Request for Minister to meet with international IT Discuss ICT audit company, UXC

Noted the information provided.

Follow up phonecall to

MrPowell

Referred to Chief of Staff

Meeting time to be confirmed No further action

No further action

Meeting to be discussed


Request for Minister to meet with international IT Request alternative date for Await advice from Barton company, UXC meeting Deakin To arrange a meeting with an appropriate person Attracting investment into KV to send 2 or 3 possible in Minister's office biotech and pharmaceutical dates.

industries at OUT To offer several possible dates for meeting Attracting investment into Await response

biotech and pharmaceutical industries at OUT

Date confirmed - 17th October, diary invitation Attracting investment into No further action sent biotech and pharmaceutical

industries at OUT Confirm meeting for Digby McLeay and Daniel As above No further action Wood to meetASA Personal catch up - no business discussed No further action relating to the Minister's Portfolio Request to set up a meeting with his client Growth & Investment in Kirsty to find meeting time.

Robina change time of meeting on 17th October Attracting investment into No further action

biotech and pharmaceutical industries at OUT

Organise meeting for Digby McLeay to meet gain a better understanding No further action AAPT of the Queensland

Government's plans with respect to

Organise meeting for Digby Mcleay to meet gain a better understanding No further action AAPT of the Queensland


Confirm meeting for Digby McLeay to meet AAPT As above No further action

Follow up re meeting on 17 October received background No further action information for the meeting

Catch up regarding ICT Any further updates regard in! No further action Re-schedule meeting from 17 October Mark to confirm date/time

Meet & greet. Discuss UXC's relationship with UXC'x capacity & No further action Government & ICT Audit capabilities Provide guest list and CVs for boardroom lunch No further action

- 22-0ct Glenn Snowdon, Policy n/a Gerard Paynter, .Barton Nearmap email Request for meeting Aerial photography f Setup of meeting Adviser Deakin mapping

22-0ct Kirsty Veron, Office n/a Mark Powell, Santoro Institute of Health & Biomedical Email Re-schedule meeting from 17 October Confirm dateftime, 25th Manager Consultants Innovation October

23/10/2012 Tristan Bick NfA David Marshall, Aurion Aurion Phone Follow up phone call Any further updates regardin! No further action 23-0ct Glenn Snowdon, Policy n/a Andrew Park, Rowland phone Request information on Engineering Forum Centre for Engineering Glenn to call

Adviser Excellence 24-0ct Kirsty Veron, Office nla Mark Powell, Santoro Institute of Health & Biomedical Email Re-schedule meeting from 25 October afternoon Options for re-scheduled

Manager Consultants Innovation meeting 24-0ct Kirsty Veron, Office nfa Mark Powell, Santoro Institute of Health & Biomedical Phone Re-schedule meeting from 25 October afternoon Meeting confirmed for

Manager Consultants Innovation morning of 25 October 24-0ct Kirsty Veron, Office n/a Andrew Park, Rowland QIC Global Real Estate Phone Schedule meeting with Minister Bates Robina Town Centre Meeting scheduled for

Manager Friday 2 November 24-0ct Glenn Snowdon, Policy n!a Andrew Park, Rowland

Adviser Centre for Engineering Excellence email Pass on contact details Glenn to email information

24-0ct Glenn Snowdon, Policy n/a Andrew Park, Rowland Centre for Engineering Excellence email Pass on information on Engineering Forum Adviser

24-0ct Glenn Snowdon, Policy nfa Gerard Paynter, Barton Australia Post and Nearmap phone Introduction Aerial photography I Await futher information via Adviser Deakin mapping I Government email

25-0ct Glenn Snowdon, Policy n/a Gerard Paynter, Barton Australia Post and Nearmap email Thanks for yesterday's call No further action Adviser Deakin

25-0ct Kirsty Veron, Office nfa Andrew Park, Rowland QIC Global Real Estate email Cancel meeting with Minister Bates Robina Town Centre Meeting to be re-scheduled Manager

25-0ct Kirsty Veron, Office nfa Beth Offner, Profile Herbert Smith Freehills phone Cancellation of Boardroom lunch Lunch to be re-scheduled Manager Management Consultants next year

26-0ct Glenn Snowdon, Policy nfa Nigel Everingham, ECG ASGGroup email Pass on document Shared Services Nigel to follow up with Glenn Adviser Advisory Solutions

26-0ct Glenn Snowdon, Policy nfa Nigel Everingham, ECG ASGGroup Unplanned meeting in Pass on document Shared Services Nigel to email document Adviser Advisory Solutions Exec Building foyer

2g-Oct Kirsty Veron, Office nla Luke Myers, Government Various email Invitation End of Year Celebration with Apology sent Manager Relations Australia Senator George Brandis

29-0ct Glenn Snowdon, Policy nfa Gerard Paynter, Barton Australia Post email Supply of information Government mailroom No further action Adviser Deakin

30-0ct Glenn Snowdon, Policy nla Gerard Paynter, Barton Nearmap email Cancellation of meeting No further action Adviser Deakin

31-0ct Kirsty Veron, Office nfa Santo Santoro, Santoro NEC email Change time of lunch on 30th November No further action Manager Consulting

Ref: 00809._.Bates MP _R_121123

26 November 2012

Hon Ros Bates MP Minister LevelS, Executive Building 100 George St BRISBANE QLD 4000

Dear Minister

I have received correspondence from Mr Tim Mulherin, Member for Mackay and Deputy Leader of the Opposition, conceming a matter of privilege arising from statements you made in an cu1.swer to a Question without Notice on 14 November 2012. The Member alleges you have sought to deliberately mislead the Assembly. Accordingly/ the Member believes that this may constitute contempt of the Parliament.

In relation to the procedures for considering complaints, Stcu1ding Order 269(5) allows that the Speaker may request information from the Member who is subject of the complaint. Therefore/ I am seeking further information from you, regarding this complaint, prior to determining whether or not to refer the matter to the Ethics Committee.

I enclose a copy of the letter from the Deputy Leader of the Opposition, as it is raising a complaint against you. The attachments, also included, were not originally included in the correspondence received at my office so were received and logged separately.

Please note, this letter and enclosures are covered by Parliamentary Privilege.

I invite you to provide a written submission providing cu1y evidence or information which you believe is relevant to this matter by Monday 10 December 2012. I am aware that you are currently on sick leave, so please advise if you require an extension of time to respond.

Should you have any queries regarding this matter, or require further information, please contact my Executive Officer Ruth Limkin by phone on 3406 7170 or by email to [email protected].

·--...,.~ ------ ~--/)/

''Ho FI A '?- S ·---·/ Speaker of the Legislative Assem'5fy"~---·-Enc Parliament House

George St Brisbane Queensland 4000 Australia

Phone+ 6i 7 3406 7374 Fax+ 6i 7 3406 7308

Email [email protected] Web www.parliament.qld.gov.au

TIM MULHERIN MP

DEPUTY LEADER OF THE OPPOSITION

MEMBER FOR MACKAY

15 November 2012

Hon Fiona Simpson MP Speaker of the Legislative Assembly, Chair Committee of the Legislative Assembly Parliament House George Street BRISBANE QLD 4000

Dear Madam Speaker


The Minister for Science, Information Technology, Innovation and the Arts, the Honourable Res Bates MP, was asked a question by me in relation to the tabling of her lobbyist register at the Education and Innovation Committee's consideration of the 2012/13 Budget Estimates held on 16 October, 2012.

I asked the Minister if she were prepared to table her lobbyist register 'today'. The Minister did not respond as to whether she was prepared to do so, so I again asked if she were prepared to table the register 'by the end of proceedings today'. After the Minister expressed some doubt as to the ability to do so dependent on what staff were sttll in her office, I asked if she were prepared to take the question on notice and she agreed to do so. This exchange is recorded in the Official Transcript of Proceedings at pages 61 and 62.





1

and the Arts) (1. 00 pm), by leave: At the estimates committee hearing on 16 October I was asked by the member for Mackay if I would table a copy of the lobbyists register kept in my ministerial office. f was asked to do so immediately, and a staff member in my ministetial office was asked to print a copy of the register and fax it through to parliament so that I could comply with the request.

Today in question time I was asked another question on this same matter. After question Ume I was informed that it had become apparent that the register I tabled on 16 October was incomplete. This was due to an administrative error in printing the document quickly in order to be able to table it before the committee. This is the first opportunity I have had to correct the record since being informed of the matter a short time ago.

Further, in relation to meetings with Santo Santoro I am informed that f met wit!? him once in May and once in July. I table the complete register to today's date.

Tabled paper: Register of Contact wit!? Lobbyists for the Minister for Science, Information Technology, Innovation and the Arl:s between 4 May 2012 and 31 October 2012.

The Minister gave no further explanation for discrepancies between the two documents that she had tabled other than what is outlined above. l am concerned by the statement by the Minister on Tuesday that at Estimates she was required to table a copy of her lobbyist register 'immediately'.


On Wednesday 14 November 2012 I asked Minister Bates to please explain the process of tabling lobbyists register documents to the House.

In response to my question, the Honourable the Minister responded, in a similar vein to the response she gave at a media conference earlier yesterday, 'the original document was tabled in haste by my staff member after 6 o'clock and estimates. It was an administrative error that anybody could have made. It was a mere Excel spreadsheet. There were two pages to the Excel spreadsheet. It was faxed, at the behest of the opposition, during that time.'

I attach a copy of the two spreadsheets tendered, firstly at the Estimates hearing on 16 October 2012 and then again yesterday in this Chamber. The first version of the lobbyist register tendered at Estimates contained listings in the register from 10 July 2012 until 15 October 2012. The second version of the register tabled yesterday contained the listings in the register from 4 May 2012 to 31 October 2012. I understand that the first document may have contained those entries contained in the register at that time for the 2012/13 financial year. The second document contained entries for both the 2011/12 and 2012/13 financial years.

The first document tabled at Estimates is two pages in length and the second is four pages in length. The first has one entry on 10 October 2012, followed by an entry for 15 October 2012. The second has four entries on 10 October 2012, followed by the 15 October entry. The three additional entries for 10 October are in relation to meetings with Luke Myers from

Government Relations Australia on behalf of AAPT. When the Minister tabled the second register in the House yesterday, she didn't give any explanation

There is a further entry on the first version of the register after the 10 October 2012 ently, being a contact by Mark Rowell from Santoro Consultants with Kirsty Veron, Office Manager, on 15 October 2012.






(1) Contempt of the Assembly means a breach or disobedience of the powers, rights or immunities, or a contempt, of the Assembly or its members or committees. (2) Conduct, including words, is not contempt of the Assembly unless it amounts, or is intended or likely to amount, to an improper interference with-( a) the free exercise by the Assembly or a committee of its authority or functions; or (b) the free performance by a member of the member's duties as a member.



It is my submission to you, Madam Speaker, that the statement by Minister Bates in relation to the spreadsheet was untrue, and the Minister knew it to be untrue. She therefore has deliberately misled the House and I ask that you consider whether this matter should be referred to the Ethics Committee for its consideration of whether the Minister might be in contempt of the Assembly.


Yours sincerely


/

/ Contact with Date of

contact Name and Title of List an Public Name of Registered Client of Registered Lobbyist

including names of those present Method of contact Purpose of Contact utcome from contact

Principal Department Officials Lobbyist (email/phone/letter/me Officer Present

4/05/2012 Digby Mcleay, cos Minister Bates




Minister Bates





Minister Bates


Minister Bates


Minister Bates




Manager

Nil others

n/a

Minister Ros

Bates

DMcLeay

n/a

Dan Wood

n/a

D Mcleay

D Mcleay

D McLeay

n/a

Mr l<nevett and Mr Nick 1. Freehills laWyers

Me las, Profile Management 2. CSC (Computer Science Consultants Pty Ltd Corporation)





n/a

Mr Steve Terry

CEO, TechnologyOne

Levelll, TechonologyOne HQ

540 Wickham Street, Fortitude Valley, QLD4006

eting}

Meeting in Minister's office

Phone and email

Meeting

To introduce themselves and to advise they act

for the above clients. Freehills laWyers specialise in Procurement Law. CSC provide

current platform (IT) fur Health "PAS" Patient

Administration System

Arrange meetings for Minister Ros Bates

General Discussion

il further action required


IT issues Ni! further action required

Mr Nick Melas, Profile Mr Martin Holzworth

Management Consultant Pty General manager, esc Email, luncheon meeting To provide a basic introduction to esc -

Computer Science Corporation

No specific issue Nil further action required

Ltd 555 Coronation Drive, Toowong 4066

lauren Clark.. Barton Deakin Chris Alston, Development Manager, Phone

pacific View Farm (Qid] Pty Ltd

MrTed O'Brien Australia Post Meeting

Sallyanne Atkinson, Barton (?Crawford Fund) Phone Deakin

The Honourable Santo Mr Steve Terry Meeting at the

Santoro, Santo Santoro CEO, Techno!ogyOne Honourable Santo Consulting Levelll, TechonologyOne HQ Santoro's office

540 Wickham Street, Fortitude Valley, 99 Collingwood St,

QLD4006 Albion QLD 4006

The Honourable Santo Mr J a h n Vickers Phone Santoro, Santo Santoro General Manager, TechnologyOne Consulting Levelll, TechonologyOne HQ


QLD 4005

The Honourable Santo Phone


Nigel Everingham, ECG Mr Ryan Bloxsom, Westpac Banking Email Advisory Corporation

The Honourable Santo Phone Santoro, Santo Santoro

Consulting

Request meeting with Minister Bates- following Potential of Pacific View Meeting arranged for

Minister with Chris Alston. Electorate office, 4th July.

up direct email from Chris Alston Estate as alternative Commonwealth Games

village

Discussion of One Stop Shop policy

To arrange a Boardroom lunch for Minister



Re-schedule lunch with representatives of

Technology 1 to Friday 20th July. Cancel lunch

with representatives of NEC on Thursday 28th

June and re-scheduel for 10th August

Schedule meeting with Digby Mcleay

(26/06/2012)

Mr Santoro is double-booked for lunch on Friday

20th July

Using the ubiquity of Australia Post outlets to provide Gov. services to

even the smallest

communities

Further discussions directly with Australia Post

Date confirmed for Tues 7 August.


John Vickers Forum Speech Nil further action required

Thursday 7th June


introducing and discusssing Meeting arranged with

client Digby McLeay for 26 June

2012

Re-schedule lunch with

representatives of

Technology 1 to Tuesday

24th Jutv.

.9/06/2012 Digby Mcleay, COS

Minister Bates


Manager



21/06/2012 l<irsty Veron, Office

Manager

22/06/2D12 Kirsty Veron, Office

Manager


Minister Bates

26/06/2012 Alistair Mitchell, Acting

cos 27/06/2012 Kirsty Veron, Office

Manager


Minister Bates 10/07/2012 Kirsty Veron, Office

Manager

13/0712012 Digby McLeay

16/07/2012 KirstyVeron, Office Manager


2510712012 Kirsty Veron, Office Manager

30/0712012 Minister Ros Bates

31107/2012 Kirsly Veron, Office Manager


16/08/2012 Alistair Mitchell, Senior Policy Adviser

23/08/2012 Kathryn Janiczak, Administration



nia Mr Nigel Everingham



Nick Melas)


Nick Melas - Profile



Nick Me las- Profile


n/a Lauren Clark, Barton Deakin

Alistair Nigel Everingham, ECG

Mitchetl Advisory


Nick Me las - Profile


nja Mark Po welt, Santo Santoro

consulting n/a Mark Powell, Santoro

Consultants

Nick Melas, Profile Management Consultants


Santo Santoro, Santo Santoro Consultants


Dan Wood, Mark Powell, Santoro Alistair Consultants Mitchell, Ben Gammers nla Lauren Clark, Barton Deacon


Alistair Mitchell Nick McAlpine, Rowland

nla Luke Myers, Government Relations Australia


nla luke Myers, Government Relations Australia

EmaH

Phone

Freehifls, esc Phone, Email



Email

Mr Ryan Bloxsom, Westpac Banking Meeting

Corporation


Technology One Email

Steve Terry, Technology One Phone

Yuban Moodley, Snr Legal Associate, Meeting Freehills ian Reid, Special Counsel, Freehills

Emaii

Technology One: complete list of Luncheon attendees saved under 2012-07-24

Email

Steve Terry, Technology One Meeting

Email


Price\vaterhouseCoopers, Echo Meeting Entertainment




Request meeting to introduce representatives of Involve Westpac with

ciiecnt, Westpac Banking Corporation Government and save

mone\1

Meeting to be arranged

Request meeting to introd\JCe representatives of How the ASG Group can Meeting arranged 29 J\me

2012 client, ASG Group work with the Queensland Government to add value through shared services

Arrange meetings for Digby McLeay & Minister

Ros Bates

Find date for Minister Bates to att.,nd a

boardroom luncheon at Freehills

Confirm date for Minister Bates to attend a boardroom luncheon at Freehills

Re Barton Deakin hosting lunch for Minister

Bates

Meeting to introduce client, W"stpac

Confirm date for Minister Bates to attend a

boardroom luncheon at Freehills

Request to arrange meeting for Minsiter Bates

with Technology One To arrange an informal discussion between the Minister & Steve Terry

To introduce Freehills and its services

Confirm detai!s for lunch on 7th August

Receive Function Profile detailing arrangements for lunch on 7th August Discussion about the future of Shared Services

Re lunch arrangements: dietary requirements for Minister To find and confirm new dale for Minister's boardroom lunch Catch up, incidental lobbying

to arrange a meeting with Minister Ros Bates

To confirm date for Freehills boardroom lunch with Minister Bates

To advise Mr Myers that QGCIO has already scheduled a meeting with representatives of Hev.1ett Packard, so Minister Bates will not need to meet them.

Find suitable dates

Exploration of dates in the Minister's diary

Meetings to be arranged

4 dates proposed< f'IVh:: to

check and call back.

Date confirmed for Tues 4

Sep!embeL


double check date

confirmed for boardroom

luncheon

Mr Powell will check availability and call back

Minister invited to attend future board room luncheon.

Details added to diary

Function Profile attached to diary

Shared Services Qld service Nil further action required delivery model.

Need to reschedule from 4th Revised date identified -Sept 25th October. Perception of PwC in Noted position of the Government, proposal by lobbyist Echo Entertainment

Discuss the role of the Meeting request referred to private sector in delivery of Adviser IT

Meeting dale confirmed subject to Minister's need for surgery. No further action

~

30/()8/2012 Alistair Mitchell, Senior Alistair James Larsson, Kreab Gavin Great Barrier Reef Foundation Policy Adviser Mitchell, Daniel Anderson

Harris (C. Newman, MP}

4109/2012 Digby McL.eay flla

6/09/2012 Glenn Snowdon, Policy n/a Adviser

6/09/2012 Glenn Snowdon, Policy n!a Adviser

10/09/2012 Kathryn Janiczak, Nia Administration

10/09/2012 Kathryn Janiczak, N/a Administration

1 0/09/2012 Kathryn Janiczak, N/a Administration

17/09/2012 KirstyVeron, Office nla Manager

17/09/2012 Kathryn Janiczak, n/a Administration

18/09/2012 Kirsty Veron, Office nla Manager

18109/2012 Kirsty Veron, Office nia Manager


19/09/2012 Klrsty Veron, Offke n/a Manager

18/09/2012 Kathryn Janiczak, N/a Administration

211 0/2012 Digby Mcleay, Chief of N/A Staff

5/10/2012 Kirsty Veron, Office n!a Manager


1011012012 Digby McLeay, Chief of n/a Staff

10/10/2012 Kathryn Janiczak, n!a Administration

1 0/10/2012 Kathryn Janiczak, n/a Administration


15/10/2012 Tristan Bick and Glenn Sr N/A 18/10/2012 Kirsty Veron, Office n/a

Manager

Luke Myers, Government Relations Australia

Mark Powell, Santoro Consuliants

Mark Powell, Santoro Consullants

Luke Myers, Government Rei aliens Australia Luke Myers, Government Relations Australia Luke Myers, Government Relations Australia Sallyanne Atkinson, Chair, Barton Deakin Gerard Paynter, Director, Barton Deakin Gerard Paynter, Director, Barton Deakin Mark Powell, Santoro Consultants

Mark Powell, Santoro Consultants


Luke Myers, Government Relations Australia Grahame Morris, Barton Deakin Andrew Park, Rowland





Airwave Solutions (Australia}

Institute of Health & Biomedical Innovation


Airwave Solutions (Australia)



UXC Ltd

uxc Ltd

UXCLtd


Institute of Health & Biomedical lnnova1ion

Institute af Health & Biomedical Innovation


Barton Deakin

QIC Global Real Estate

Institute af Health & Biomedical Innovation

AAPT

MPT

MPT

Mark Powe!i, Santoro Institute of Health & Biomedical Consultants Innovation

Nigel Everingham, ASG group ASG Group Mark Powell, Santoro Institute of Health & Biomedical Consultants Innovation

Meeting

email

phone

email

Phone

Phone

Phone

Phone

Email

Email

phone

email

email

Phone

Dinner

Email

phone

email

email

phone

email

Meeting phone

18-0ct Minister Ros Bates Dan Wood Gerard Paynter, Barton M C ; N' lr M n . Direct r UXC Meeting Deakin r r.s 1CO 1, a agmg o ,

19-0ct Kirsty Veron, Office nla Beth Offner, Profile Freehills Emaii Manager Management Consultants

To introduce the Great Barrier Reef Foundation Noted the information to the Government provided.

To seek a meeting for ASA with Digby McLeay To discuss plans re Government Wireless Network

To arrange a meeting with an appropriate person Attracting investment into Follow up phonecall to in Minister's office biotech and pharmaceutical Mr Powell

industries at QUT

To arrange a meeting with an appropriate person Attracting investment into Referred to Chief of Staff in Minister's office biotech and pharmaceutical

industries at OUT Organise meeting for Digby Mcleay and Daniel Wood to meet ASA Organise meeting for Digby Mcleay and Daniel WoO<!. to meet ASA Reschedule meeting for Digby McLeay and Daniel Wood to meet ASA Request for Minister to meet with international IT company, UXC Request for Minister to meet v/;th international IT company, LJXC Request for Minister to meet with international IT company, UXC To arrange a meeting with an appropriate person in Minister's office

To offer several possible dates for meeting

Date confirmed - 17th October, diary invitation sent

Confirm meeting for Digby McLeay and Daniei Wood to meet ASA Personal catoh up - no business discussed reiating to the Minister's Portfolio Request to set up a meeting with his client

change time of meeting on 17th October

Organise meeting far Digby McLeay to meet MPT

As above

As above

As at>ove

Discuss ICT audit

Request alternative date for meeting Altracting investment into biotech and pharmaceutical industries a1 QUT Attracting investment into biotech and pharmaceutical industries at QUT Attracting investment into biotech and pharmaceutical industries at QUT As above

Growth & Investment in Robina Attracting investment into biotech and pharmaceutical industries at OUT gain a better understanding of the Queensland Government's plans with respect to

Meeung time to be confirmed No further action

No further action



Await ad~1ce from Barton Deakin KV to send 2 or 3 possible dales.

Await response

No further action

No further action

No further action

Kirsty to find meeting Ume.

No further action

No further action

Organise meeting for Digby McLeay to meet gain a better understanding No further action MPT of the Queensland


Confirm meeting for Digby McLeay to meet MPT As above No further action

Follow up re meeting on 17 October

Catch up regarding JCT Re-schedule meeting from 17 October

Meet & greet. Discuss UXC's relationship with Government & ICT Audit Provide guest list and CVs for boardroom lunch

received background No further action information for the meeting

Any further updates regardin[ No further action

UXC'x capacity & capabilities

Mark to confirm date/time

No further action

No further action

22-0ct Glenn Snowdon, Policy n/a Gerard Paynter, Barton Ne<~rmap email Request for meeting Aerial photography I Setup of meeting Adviser Deakin mapping

22-0ct Kirsty Veron. Office n/a Mark Powell, Santoro Institute of Health & Biomedical Email Re-schedule meeting from 17 October Confirm date/time, 25th Manager Consultants Innovation October

23/10/2012 Tristan Bick NIA David Marshall, Aurion Aurion Phone Follow up phone call Any further updates regard in[ No further action 23-0ct Glenn Snowdon, Policy n/a Andrew Park, Rowland phone Request information on Engineering Forum Centre for Engineering Glenn to call

Adviser Excellence 24-0ct Kirsty Veron, Office n/a Mark Poweli, Santoro lnstttute of Health & Biomedical Email Re-schedule meeting from 25 October afternoon Options for re··scheduled

Manager Consultants Innovation meeting 24-0ct Kirsty Veron, Office nla Mark Powell, Santoro Institute of Health & Biomedical Phone Re-schedule meeUng from 2.5 October afternoon Meeting confirmed for

Manager Consultants Innovation morning of 25 October 24-0ct Kirsty Veron, Office n/a Andrew Park, Rowland QIC Global Real Estate Phone Schedule meeting with Minister Bates Robina Town Centre Meeting scheduled for

Manager Friday 2 November 24-0ct Glenn Snowdon, Policy n/a Andrew Park, Rowland Centre for Engineering Excellence email Pass on contact details Glenn to email information

Adviser 24-0cl Glenn Snowdon, Policy nla Andrew Park, Rowland Centre for Engineering Excellence email Pass on information on Engineering Forum

Adviser 24-0ct Glenn Snowdon, Policy nfa Gerard Paynter, Barton Australia Post and Nearmap phone introduction Aerial photography f Await ful:her information via

Adviser Deakin mapping I Government email 25-0ct Glenn Snowdon, Policy n/a Gerard Paynter, Barton Australia Post and Nearmap email Thanks for yesterday's call No further action

Adviser Deakin 25-0ct Kirsty Veron, Office n/a Andrew Park, RovAand QIG Global Real Estate email Cancel meeting with Minister Bates Robina Town Centre Meeting to be re-scheduled

Manager 25-0ct Kirsty Veron, Office n/a Beth Offner, Profile Herbert Smith Freehills phone Cancellation of Boardroom lunch Lunch to be re-scheduled

Manager Management Consultants next year 26-0ct Glenn Snowdon, Policy n/a Nigel Everingham, EGG ASG Group email Pass on document Shared Services Nigel to follow up with Glenn

Adviser Advisory Solutions 26-0ct Glenn Snowdon, Policy nla Nigel Everingham, ECG ASG Group Unplanne<:i meeting in Pass on document Shared Services Nigel to email document

Adviser Advisory Solutions Exec Building foyer 29-0ct Kirsty Veron, Office nla Luke Myers, Government Various email Invitation End of Year Celebration with Apology sent

Manager Relations Australia Senator George Brandis 29-0ct Glenn Snowdon, Policy n/a Gerard Paynter, Barton Australia Post email Supply of information Government mailroom No further action

Adviser Deakin 30-0ct Glenn Snowdon, Policy n/a Gerard Paynter, Barton Nearmap email Cancellation of meeting No further action

Adviser Deakin 31-0ct Kirsty Veron, Office n/a Santo Santoro, Santoro NEC email Change time of lunch on 3oth November No further action

Manager Consulting

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Ruth Limkin

From: Sent: To: Subject:

Dear Ms Lim kin,

Daniel Wood <[email protected]> Monday, 10 December 2012 7:36AM Ruth Limkin Ethics Committee complaint

I write regarding the letter of the Speaker, the Hon. Fiona Simpson MP, regarding the complaint of the Deputy Leader of the Opposition against Minister Ros Bates.

The Minister has asked that I respond on her behalf and seek an extension of time in responding to the complaint.

As the Speaker has noted in her letter Minister Bates is currently on sick leave and I am advised she will not be returning to work until 8 January 2013.

I am writing to ask if Minister Bates may respond before close of business on 21 January 2013 so that she may be able to fully consider a response.

Sincerely,

Daniel Wood

Daniel Wood I Acting Chief of Staff

Queensland Government

Office of The Hon. Ros Bates MP 1 Minister for Science, Information Technology, Innovation and the Arts I Member for Mudgeeraba p: 3224 2880 e: daniel. wood@ ministerial.qld.gov.au Executive Building 11 00 George Street I Brisbane I OLD 4000

This email, together with any attachments, is intended for the named recipient(s) only; and may contain privileged and confidential information. If received in error, you are asked to inform the sender as quickly as possible and delete this email and any copies of this from your computer system network.

If not an intended recipient of this email, you must not copy, distribute or take any action(s) that relies on it; any form of disclosure, modification, distribution and /or publication of this email is also prohibited.

Unless stated otherwise, this email represents only the views of the sender and not the views of the Queensland Government.

Please consider the environment before printing this email.

1

Ruth limkin


Friday, 14 December 2012 12:20 PM 'Daniel Wood'

Subject: RE: Ethics Committee complaint

Good afternoon DanieL

Thank you for your correspondence regarding the Matter of Privilege raised by the Deputy Leader of the Opposition.

! can confirm that the Speaker has approved this extension oftime for a response.

Kind regards

Ruth limkin Executive Officer Office of the Speaker

Parliament House Cnr George and Alice Streets Brisbane Qld 4000 Office Phone: 07 3406 7170 mob: 0412 649197

From: Daniel Wood [mailto:[email protected]] Sent: Monday, 10 December 2012 7:36 AM To: Ruth Limkin Subject: Ethics Committee complaint

Dear Ms Limkin,

I write regarding the letter of the Speaker, the Han. Fiona Simpson MP, regarding the complaint of the Deputy Leader of the Opposition against Minister Ros Bates.

The Minister has asked that I respond on her behalf and seek an extension of time in responding to the complaint.

As the Speaker has noted in her letter Minister Bates is currently on sick leave and I am advised she will not be returning to work until 8 January 2013.

I am writing to ask if Minister Bates may respond before close of business on 21 January 2013 so that she may be able to fully consider a response.

Sincerely,

Daniel Wood

Daniel Wood I Acting Chief of Staff

Queensland Government

Office of The Hon. Ros Bates MP I Minister for Science, Information Technology, Innovation and the Arts 1 Member for Mudgeeraba p: 3224 2880 e: daniel. wood@ ministerial.qld.gov.au Executive Building 11 00 George Street I Brisbane I OLD 4000

1

Hon Ros Bates MP Office of the Minister for Science, Information Technology, Innovation and the Arts

Han Fiona Simpson MP Speaker of the Legislative Assembly Chair Committee of the Legislative Assembly Parliament House George Street BRISBANE QLD 4000

.... Dear Ma~m-aPe"aker,

LevelS Executive Building

100 George Street Brisbane 4000 GPO Box 5078 Brisbane

Queensland 4001 Australia

Telephone +61 07 3224 ;z88o

Facsimile +61 07 3224 2492 Email [email protected]

I write regarding the referral by the Deputy Leader of the Opposition to the Ethics Committee alleging I sought to deliberately mislead the Assembly.

At the outset I would like to thank you for your indulgence in allowing me extra time to respond to these allegations. I have now returned to work and am refreshed and excited about what this year will bring.

As you would be aware I take my responsibilities, both as a Member of Parliament and as a Minister, very seriously. I would not deliberately mislead the Assembly and did not on this occasion do so.

Contempt generally:

Section 37 of the Parliament of Queensland Act 2001 outlines the meaning of contempt of the Assembly:

1. Contempt of the Assembly means a breach or disobedience of the powers, rights or immunities, or a contempt, of the Assembly or its members or committees.

2. Conduct, including words, is not contempt of the Assembly unless it amounts, or is intended or likely to amount, to an improper interference with-

a. the free exercise by the Assembly or a committee of its authority or functions; or

b. the free performance by a member of the member's duties as a member.

I understand the Deputy Leader of the Opposition relies on sub-paragraph (2) of Standing Order 266 which states:

Without limiting the power of the House, it may treat as a contempt .... deliberately misleading the House or a committee (by way of submission, statement, evidence or petition).

The allegation:

I understand the Deputy Leader of the Opposition has made the following allegations:

1. That on 13 November, 2012 I deliberately mislead the assembly by incorrectly claiming I was asked to table my Office's lobbyist register immediately during the estimates process; and

2. That I deliberately mislead the Assembly by providing an explanation of the incomplete nature of the lobbyist register tabled during Estimates by not addressing the additional entries in the lobbyist register tabled on 14 November, 2012.

Background:

In accordance with a request from the Information Commissioner my office keeps a lobbyist register.

It is maintained, on a day to day basis, by my Office Manager.

Included in both lobbyist registers I tabled was contact with registered lobbyists including phone calls seeking to arrange meetings.

I have personally never updated the lobbyist register. I have, however, provided detailed instructions for my staff members to update that document as required and have ensured that the meetings I have personally attended with lobbyists have been recorded.

As at 16 October, 2012, I had not seen the most recent copy of the lobbyist register maintained by my office.

On 16 October, 2012 myself and officials of the Department of Science, IT, Innovation and the Arts appeared before the Education and Innovation Committee as part of the Estimates process.

The Deputy Leader of the Opposition, Mr Mulherin MP, asked me during the Estimates process to table my office's Register that day. I informed the Deputy Leader that I did not have it with me at the moment and I was asked to table it by the end of proceedings today.

After the intervention of the Chair the Deputy Leader of the Opposition again asked if I would table that document that day.

At the end of the exchange I committed to taking the matter on notice, but, relevantly I told the Committee that my staff had gone home, so "logistically that would be a little bit difficult this evening."

Later that evening the Deputy Leader of the Opposition again asked me about the lobbyist register and the availability of my staff to provide it this session.

The Member for South Brisbane expressed the opinion that it "seems a little bit unwilling on your part- not to try and provide this information."

I responded that "I am more than happy to provide that information but physically, unless Kirsty is still in the office, I seriously doubt we will be able to do that. .. "

The first allegation:

I submit that the Deputy Leader of the Opposition asked no less than four times for the register to be tabled that evening.

At no stage through the exchange did he ask that the matter be taken on notice.

The Deputy Leader seemed to me to be quite insistent that the register be tabled that evening.

Immediately after I took the matter on notice I stated that my staff had gone home that evening and stated the logistical difficulties in getting the document tabled.

Later that evening when I was asked again about the lobbyist register I repeated my willingness to comply with the request of the Deputy Leader of the Opposition and the Member for South Brisbane for the register to be tabled and again outlined the logistical difficulties in achieving that outcome.

In that context I submit it was clear I was responding to the Deputy Leader of the Opposition's frequent requests for the document to be tabled that evening with a conditional promise that it would be tabled that evening if at all possible.

At some point throughout the Estimates Process l was provided with a faxed copy of the lobbyist register.

I complied with my conditional promise and the lobbyist register, as presented to me was tabled.

The Deputy Leader has complained that I mislead the Assembly by stating that I was required to table the register "immediately."

I submit that it was clear from the exchange that I had given a conditional promise to table the register that evening in response to the Deputy Leader's request.

While I could have been slightly more temperate in my words and should not have used the word "immediately" I submit that the use of rhetoric of this type is designed to highlight the rhetorical point that the Deputy Leader of the Opposition wanted the information very quickly.

Such rhetoric is routinely used in the Assembly as a debating chamber and while it unfortunately requires some imprecise language that conduct falls far short of deliberately misleading the Assembly.

The second allegation:

On 13 November, 2012 I was alerted by my staff just prior to 1 pm the copy of the lobbyist register I had tabled at Estimates was not complete.

Of my own volition I made a statement to the Assembly at approximately 1 pm providing an updated version of the register and explaining that the register previously tabled was not complete due to an administrative error.

At that time I was informed by my staff that the register was complete.

I was not advised there were additional entries other than those which were previously not printed due to an administrative error.

In my answer to the Leader of the Opposition's question on 14 November, 2012 it was clear that I was not aware of the issue to which she was referring.

It is therefore my submission that, as I was not aware of the existence of the extra entries I could not have deliberately mislead the Assembly.

Conclusion

I would like to thank you for your consideration of this matter and reiterate that I did not in this instance deliberately mislead the Assembly.

Sincerely,

(

The Hon Ros Bates MP Member for Mudgeeraba Minister for Science, Information Technology, Innovation and the Arts

1, .~-v 'cl,h Jt r\0~

--~ 0 0 Ref: 01070_Bates MP_R_130117

17 January 2013

Hon Ros Bates MP Minister for Science, IT, Innovation and the Arts LevelS, Executive Building 100 George St BRISBANE QLD 4000

Dear Minister

On behalf of the Speaker, I acknowledge your correspondence received at the Speaker's Office on 15 January 2013, which was in reply to a matter of privilege raised against you by the Deputy Leader of the Opposition.

The Speaker extends a warm welcome on your return to duties and her best wishes for your health this year.

If you have any queries or require further information while this matter is being considered, you are welcome to contact me either by phone, on 07 3406 7170 or by email to [email protected].

RUTHLIMKIN Executive Officer Office of the Speaker

Parliament House George St Brisbane Queensland 4000 Australia

Phone+ 61 7 3406 7374 Fax+ 61 7 3406 7308

Email [email protected] Web www.parliament.qld.gov.au

Han Ros Bates MP Office of the Minister for Science, Information Te ...... ~~~~ Innovation and the Arts

Han Fiona Simpson MP Speaker of the Legislative Assembly Chair Committee of the Legislative Assembly Parliament House George Street BRISBANE QLD 4000

-~o---

Level 5 Executive Building 100 George Street Brisbane 4000 GPO Box 5078 Brisbane Queensland 4001 Australia Telephone +61 07 3224 288o Facsimile +61 07 3224 2492 Email [email protected]

I write further regarding the referral by the Deputy Leader of the Opposition to the Ethics Committee alleging I sought to deliberately mislead the Assembly.

Please find enclosed a copy of a letter from Dr David Solomon AM, Queensland Integrity Commissioner in which Dr Solomon provides advice on the accuracy of the lobbyist register tabled in Parliament.

I believe Dr Solomon's advice may be of some assistance in finalising this matter.

Thank you for your consideration of this matter.

Sincerely,

Ros Bates MP

Minister for Science, IT, Innovation and the Arts

PRIVATE AND CONFIDENTIAL

29 January 2013

The Hon. Ros Bates MP Minister for Science, Information Technology,

Innovation and the Arts Member for Mudgeeraba Level 5, Executive Building I 00 George Street BRISBANE QLD 4000

Dear Minister,

I received today your letter of22 January 2013 in which you seek my advice about the recording of contacts with lobbyists. You said:

Last year my office recorded all contact with lobbyists, including each e-mail and telephone call involved in setting up a potential meeting, on a register of contact with lobbyists.

For example, last year the register of contact with lobbyists for my otiice contained 11 entries regarding the scheduling of a single proposed meeting with a lobbyist and their client (that didn't eventuate).

From our meeting today, I understood your advice to be that only substantive lobbying activity was required to have been recorded, and not those activities (such as phone calls and e-mails relating to diary appointments) that lead to substantive lobbying (such as a meeting).

You asked for my advice on contact with lobbyists where no substantive lobbying has occurred.

My understanding is that the registers of contact with lobbyists kept by Ministers, Departments and other agencies, including local government, are intended to record lobbying activity involving the Minister/Department/agency.

"Lobbying activity" is defined in the Integrity Act 2009 as "contact with a government representative in an effort to influence State or local government decision-making ... " In my view contact to arrange a meeting, change a meeting time or cancel a meeting does not constitute "lobbying activity". It is or may be a preliminary to a lobbying activity but under nom1al circumstances it is not "contact ... in an effo11 to influence ... decision-making".

Please don't hesitate to contact me if I can be of any further assistance.

You~

Dr David Solomon AM Queensland Integrity Commissioner

2

Ruth Limkin


Monday, 4 February 2013 11 :49 AM Tim Mulherin (Ministerial)

Subject: Matter of Privilege - clarification required

Good morning Tim

Further to the phone conversation, could you please provide clarification with respect to one sentence in the correspondence dated 15 November 2012 from yourself, in which you raise a matter of privilege against Minister Bates.

On page 2 of the letter, it reads, "On Wednesday 14 November 2012, I asked Minister Bates to please explain the process of tabling lobbyists register documents to the House."

However, on page 2575 of Hansard, this question is attributed to Ms Palaszczuk rather than to yourself.

Can you please clarify that the question referred to on page 2 of the correspondence dated 15 November 2012 is the question asked by Ms Palaszczuk on page 2575 of Hansard?

Thank you for your timely assistance.

Kind regards

Ruth Limkin Executive Officer Office of the Speaker

PARLIAMENTARY SERVICE Parliament House Cnr George and Alice Streets Brisbane Qld 4000 Office Phone: 07 3406 7170

1

TIM MULHERIN MP

15 November 2012

Hon Fiona Simpson MP Speaker of the Legislative Assembly, Chair Committee of the Legislative Assembly Parliament House George Street BRISBANE QLD 4000


The Minister for Science, Information Technology, Innovation and the Arts, the Honourable Ros Bates MP, was asked a question by me in relation to the tabling of her lobbyist register at the Education and Innovation Committee's consideration of the 2012/13 Budget Estimates held on 16 October, 2012.

I asked the Minister if she were prepared to table her lobbyist register 'today'. The Minister did not respond as to whether she was prepared to do so, so I again asked if she were prepared to table the register 'by the end of proceedings today'. After the Minister expressed some doubt as to the ability to do so dependent on what staff were still in her office, I asked if she were prepared to take the question on notice and she agreed to do so. This exchange is recorded in the Official Transcript of Proceedings at pages 61 and 62.





and the Arts) (1.00 pm), by leave: At the estimates committee hearing on 16 October 1 was asked by the member for Mackay if I would table a copy of the lobbyists register kept in my ministerial office. I was asked to do so immediately, and a staff member in my ministerial office was asked to print a copy of the register and fax it through to parliament so that I could comply with the request.

Today in question time I was asked another question on this same matter. After question time I was informed that it had become apparent that the register I tabled on 16 October was incomplete. This was due to an administrative error in printing the document quickly in order to be able to table it before the committee. This is the first opportunity I have had to correct the record since being informed of the matter a short time ago.

Further, in relation to meetings with Santo Santoro I am informed that I met with him once in May and once in July. I table the complete register to today's date.

Tabled paper: Register of Contact with Lobbyists for the Minister for Science, Information Technology, Innovation and the Arts between 4 May 2012 and 31 October 2012.

The Minister gave no further explanation for discrepancies between the two documents that she had tabled other than what is outlined above. I am concerned by the statement by the Minister on Tuesday that at Estimates she was required to table a copy of her lobbyist register 'immediately'.


On Wednesday 14 November 2012 the Leader of the Opposition, Annastacia Palaszczuk MP, asked Minister Bates to please explain the process of tabling lobbyists register documents to the House.

In response to the Leader of the Opposition's question, the Honourable the Minister responded, in a similar vein to the response she gave at a media conference earlier yesterday, 'the original document was tabled in haste by my staff member after 6 o'clock and estimates. It was an administrative error that anybody could have made. It was a mere Excel spreadsheet. There were two pages to the Excel spreadsheet. It was faxed, at the behest of the opposition, during that time.'

I attach a copy of the two spreadsheets tendered, firstly at the Estimates hearing on 16 October 2012 and then again yesterday in this Chamber. The first version of the lobbyist register tendered at Estimates contained listings in the register from 10 July 2012 until 15 October 2012. The second version of the register tabled yesterday contained the listings in the register from 4 May 2012 to 31 October 2012. I understand that the first document may have contained those entries contained in the register at that time for the 2012/13 financial year. The second document contained entries for both the 2011/12 and 2012/13 financial years.

The first document tabled at Estimates is two pages in length and the second is four pages in length. The first has one entry on 10 October 2012, followed by an entry for 15 October 2012. The second has four entries on 10 October 2012, followed by the 15 October entry. The three additional entries for 10 October are in relation to meetings with Luke Myers from Government Relations Australia on behalf of AAPT. When the Minister tabled the second register in the House yesterday, she didn't give any adequate explanation as to how the three new entries came to be included in the second register.

There is a further entry on the first version of the register after the 10 October 2012 entry, being a contact by Mark Rowell from Santoro Consultants with Kirsty Veron, Office Manager, on 15 October 2012.






( 1) Contempt of the Assembly means a breach or disobedience of the powers, rights or immunities, or a contempt, of the Assembly or its members or committees. (2) Conduct, including words, is not contempt of the Assembly unless it amounts, or is intended or likely to amount, to an improper interference with-( a) the free exercise by the Assembly or a committee of its authority or functions; or (b) the free performance by a member of the member's duties as a member.



It is my submission to you, Madam Speaker, that the statement by Minister Bates in relation to the spreadsheet was untrue, and the Minister knew it to be untrue. She therefore has deliberately misled the House and I ask that you consider whether this matter should be referred to the Ethics Committee for its consideration of whether the Minister might be in contempt of the Assembly.


Yours sincerely


tim mulherin mp deputy leader of the opposition … · 2013-02-14 · tim mulherin mp deputy leader...

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