This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.theguardian.com/australia-news/live/2015/aug/31/dyson-heydon-to-reveal-future-at-helm-of-trade-union-royal-commission-live
The article has changed 11 times. There is an RSS feed of changes available.
| Version 1 | Version 2 |
|---|---|
| Dyson Heydon to stay on at helm of trade union royal commission – live | Dyson Heydon to stay on at helm of trade union royal commission – live |
| (35 minutes later) | |
| 5.47am BST05:47 | |
| In his reasons, Heydon plays down the political nature of the commission’s work. He says the union applications emphasised the Labor party’s strong historical ties with the union movement. | |
| But Heydon says the government-issued terms of reference “are not expressed to apply to the conduct of either the Liberal Party or the Australian Labor Party” and “seek not to destroy unions or obstruct their purposes, but to see whether they have been fulfilled and to see how they might be better fulfilled in future”. | |
| Hence the terms of reference are not themselves hostile to the union movement. | |
| 5.42am BST05:42 | |
| The Greens MP Adam Bandt has called on the prime minister to shut down the commission. In a release, Bandt says: | |
| Agreeing to attend a Liberal fundraiser doesn’t pass the pub test. The commissioner deciding himself that he’s not biased won’t change that ... | |
| The commission’s work will forever be tarnished and instead of waiting for further legal action, Tony Abbott should step in and bring it to an end. | |
| If a judge agreed to attend a fundraiser for the prosecution, there would be a mistrial. | |
| If Tony Abbott insists on continuing his inquiry, parliament should have the final say over any new commissioner and any new terms of reference. | |
| 5.39am BST05:39 | |
| Unions keep door open to federal court action | |
| The secretary of the ACTU, Dave Oliver, says the inquiry is a waste of taxpayers’ money and Tony Abbott should shut it down. | |
| Despite the decision today of Dyson Heydon, the reality is that this royal commission is now terminally tarnished. Any recommendation out of this can’t be taken seriously... | |
| Q: What’s your next move? Will you go to the federal court? | |
| We will consider and read the reasons for judgment. We have only just received it. We will need to talk to our legal counsel and we will engage with our affiliates and make an announcement in due course. | |
| Oliver notes there is still a resolution on the Senate books asking the governor general to remove Heydon as commissioner. | |
| (This was a Labor-proposed motion that was deferred pending Heydon considering his own future. Several crossbenchers who are not fans of Heydon wanted him to have a chance to hear the matter first. The Senate has the right to send a message to the governor general but the chances of the governor general acting on such a request is close to zero.) | |
| 5.27am BST05:27 | |
| The show must go on. | |
| Here is Heydon summarising the steps from here (assuming the union movement does not now bring a court challenge): | |
| No court proceedings have been issued challenging any aspect of the conduct of the Commission’s hearings either in 2014 or 2015. Nor have any court proceedings been issued challenging any finding in the Interim Report. | |
| For the balance of the year Counsel Assisting propose to complete the Commission’s inquiry into CFMEU officials in the ACT, to complete its inquiries into certain financial matters affecting CFMEU officials, to conduct further inquiries into CFMEU officials in Brisbane, and to conduct certain other inquiries into officials in various unions in different parts of Australia. It will then be necessary for written submissions of Counsel Assisting to be supplied to affected persons, for written submissions to be received from affected persons, and for affected persons to exchange any submissions they wish to about each other. Then the Final Report will be completed. | |
| (The commission has been working to a December 2015 deadline for that report.) | |
| 5.24am BST05:24 | |
| We now have a written copy of the decision. It is 67 pages long. | |
| In a summary on page one, Heydon says the union applications had centred on a contention that an agreement made in April 2014 to deliver the August 2015 Sir Garfield Barwick Address - an event organised by branches of the NSW Liberal party - “might cause a fair-minded lay observer reasonably to apprehend that I might not bring an impartial mind to the resolution of questions to be examined in the course of the commission’s inquiries”. | |
| Here is Heydon’s response: | |
| I have concluded that it is not the case that a fair-minded lay observer might apprehend that I might not bring an impartial mind to the resolution of the questions which the work of the commission requires to be decided. | |
| More details shortly. | |
| 5.19am BST05:19 | |
| The attorney general, George Brandis, tells Sky News he will closely study the reasons in Heydon’s decision, but: | |
| ...of course, the government is pleased with this decision... | |
| Brandis says he has not read the reasons, but because of Heydon’s reputation he would be “very confident” that his espousal of the appropriate legal principles and the application of those principles “will be a very strong one”. | |
| The attorney general, who recommended Heydon for the position, says he (Brandis) had foreseen that the Labor party and the union movement would throw everything at the inquiry. | |
| I wanted someone whose reputation was so strong, whose integrity was so beyond question, that he would withstand all the mud flung at him. | |
| 5.11am BST05:11 | 5.11am BST05:11 |
| We are standing by for a copy of the reasons. The trade union royal commission had vowed to publish them quickly on its website. | We are standing by for a copy of the reasons. The trade union royal commission had vowed to publish them quickly on its website. |
| 5.08am BST05:08 | 5.08am BST05:08 |
| Dyson Heydon, promptly dismissing the union applications to disqualify himself: | Dyson Heydon, promptly dismissing the union applications to disqualify himself: |
| I have considered all the submissions. In my opinion, the applications must be dismissed. I publish my reasons. | I have considered all the submissions. In my opinion, the applications must be dismissed. I publish my reasons. |
| I adjourn the matteruntil 10am tomorrow in Sydney for the continuation of hearings concerning the CFMEU in the Australian Capital Territory. | I adjourn the matteruntil 10am tomorrow in Sydney for the continuation of hearings concerning the CFMEU in the Australian Capital Territory. |
| 5.06am BST05:06 | 5.06am BST05:06 |
| Heydon dismisses application to withdraw | Heydon dismisses application to withdraw |
| Heydon vows to stay on. | Heydon vows to stay on. |
| 5.06am BST05:06 | 5.06am BST05:06 |
| Heydon begins to deliver decision | Heydon begins to deliver decision |
| The commissioner, Dyson Heydon, has begun speaking. | The commissioner, Dyson Heydon, has begun speaking. |
| He notes the chain of events over the release of documents relating to the Sir Garfield Barwick event. | He notes the chain of events over the release of documents relating to the Sir Garfield Barwick event. |
| He says the documents provided on 17 August, in response to a request from the ACTU, were “thought to be all the documents”. | He says the documents provided on 17 August, in response to a request from the ACTU, were “thought to be all the documents”. |
| (The ACTU subsequently asked for a delay as a result of previously undisclosed contact between a NSW Bar Association officer and the counsel assisting the inquiry, Jeremy Stoljar, in the leadup to Heydon’s withdrawal from his commitment to deliver the Sir Garfield Barwick lecture.) | (The ACTU subsequently asked for a delay as a result of previously undisclosed contact between a NSW Bar Association officer and the counsel assisting the inquiry, Jeremy Stoljar, in the leadup to Heydon’s withdrawal from his commitment to deliver the Sir Garfield Barwick lecture.) |
| 5.02am BST05:02 | 5.02am BST05:02 |
| Focus on Shorten's IR 21 funding ‘a bizarre coincidence’ | Focus on Shorten's IR 21 funding ‘a bizarre coincidence’ |
| As I mentioned in my previous post, the Daily Telegraph splashed today with an “exclusive” story about one of the funders of Bill Shorten’s leadership campaign against Anthony Albanese after the 2013 election. Under a front page headline “Caught Shorten”, the paper said it could reveal Shorten had received $5,000 “in undisclosed donations from a slush fund called IR21, associated with the National Union of Workers”. | As I mentioned in my previous post, the Daily Telegraph splashed today with an “exclusive” story about one of the funders of Bill Shorten’s leadership campaign against Anthony Albanese after the 2013 election. Under a front page headline “Caught Shorten”, the paper said it could reveal Shorten had received $5,000 “in undisclosed donations from a slush fund called IR21, associated with the National Union of Workers”. |
| Whatever the merits or otherwise of this funding arrangement, it must be said that this is not a new revelation on the day Heydon hands down his decision. | Whatever the merits or otherwise of this funding arrangement, it must be said that this is not a new revelation on the day Heydon hands down his decision. |
| The interim report of the trade union royal commission, which was tabled in parliament in December last year, devoted an entire chapter to IR 21 Limited. | The interim report of the trade union royal commission, which was tabled in parliament in December last year, devoted an entire chapter to IR 21 Limited. |
| The first volume noted that IR 21 was a company associated with the NUW and “principally controlled by Charles Donnelly, who was until recently the general secretary of the NUW”. It said IR 21 raised money by holding annual educational seminars attended by employers, officials from the NUW and other unions and participants in various industries including the food services, manufacturing, dairy, cheese, pharmaceutical and oil industries. | The first volume noted that IR 21 was a company associated with the NUW and “principally controlled by Charles Donnelly, who was until recently the general secretary of the NUW”. It said IR 21 raised money by holding annual educational seminars attended by employers, officials from the NUW and other unions and participants in various industries including the food services, manufacturing, dairy, cheese, pharmaceutical and oil industries. |
| The report noted several concerns about the entity, including that IR 21 “made its money by, first, trading off the fact that its secretary, the face and driving force of the company, was the most senior official in the NUW, and secondly, using the name, influence and resources of the NUW”. | The report noted several concerns about the entity, including that IR 21 “made its money by, first, trading off the fact that its secretary, the face and driving force of the company, was the most senior official in the NUW, and secondly, using the name, influence and resources of the NUW”. |
| The company’s objectives, set out in its constitution, included: | The company’s objectives, set out in its constitution, included: |
| assisting any member of the NUW or any other trade union to campaign for and be elected to a position in any trade union, local government, state or federal election; | assisting any member of the NUW or any other trade union to campaign for and be elected to a position in any trade union, local government, state or federal election; |
| The inquiry’s interim report went on: | The inquiry’s interim report went on: |
| A further donation of $5,000 to the ALP National Secretariat in respect of the ‘Shorten Leadership Campaign’ on 26 September 2013 is recorded, in the spreadsheet entitled ‘IR 21 – Non Administrative Payments – 24.9.03 to 31.12.13.’ | A further donation of $5,000 to the ALP National Secretariat in respect of the ‘Shorten Leadership Campaign’ on 26 September 2013 is recorded, in the spreadsheet entitled ‘IR 21 – Non Administrative Payments – 24.9.03 to 31.12.13.’ |
| Labor MPs have been on the airwaves today saying the disclosures were made appropriately, and questioned the timing of the story. Michelle Rowland, on Sky News, called it “a bizarre coincidence” that the story was published on the day of the Heydon decision. | Labor MPs have been on the airwaves today saying the disclosures were made appropriately, and questioned the timing of the story. Michelle Rowland, on Sky News, called it “a bizarre coincidence” that the story was published on the day of the Heydon decision. |
| A declaration to the Australian Electoral Commission contained a $5,000 donation from the National Union of Workers. | A declaration to the Australian Electoral Commission contained a $5,000 donation from the National Union of Workers. |
| 4.34am BST04:34 | 4.34am BST04:34 |
| The assistant treasurer, Josh Frydenberg, has bobbed up on Sky News to talk about a story in the Daily Telegraph headlined “Shorten tilt slush funding claims”. I will explore that matter in the next blog post. | The assistant treasurer, Josh Frydenberg, has bobbed up on Sky News to talk about a story in the Daily Telegraph headlined “Shorten tilt slush funding claims”. I will explore that matter in the next blog post. |
| But in the meantime we should note that Frydenberg – while accusing Shorten of “attacking the umpire” – made it clear he wants Heydon to stay on at the helm of the royal commission: | But in the meantime we should note that Frydenberg – while accusing Shorten of “attacking the umpire” – made it clear he wants Heydon to stay on at the helm of the royal commission: |
| I hope he does [continue]. | I hope he does [continue]. |
| I’ll have more on those funding claims shortly... | I’ll have more on those funding claims shortly... |
| Updated at 4.46am BST | Updated at 4.46am BST |
| 4.28am BST04:28 | 4.28am BST04:28 |
| Inquiry vital for future of Labor and unions, says PM | Inquiry vital for future of Labor and unions, says PM |
| Tony Abbott has just addressed reporters in Sydney ahead of the decision. | Tony Abbott has just addressed reporters in Sydney ahead of the decision. |
| The prime minister said: | The prime minister said: |
| The trade union royal commission must go on; it absolutely must go on. Obviously what the commissioner does today is quite properly a matter for the commissioner but we’ve seen rorts, rackets and rip-offs exposed by this royal commission. We’ve seen an abundance of evidence of corruption and criminality ... the work of the royal commission is absolutely vital not just for our country as a whole. It’s vital for the future of the union movement; it’s vital for the future of the Labor party. | The trade union royal commission must go on; it absolutely must go on. Obviously what the commissioner does today is quite properly a matter for the commissioner but we’ve seen rorts, rackets and rip-offs exposed by this royal commission. We’ve seen an abundance of evidence of corruption and criminality ... the work of the royal commission is absolutely vital not just for our country as a whole. It’s vital for the future of the union movement; it’s vital for the future of the Labor party. |
| 4.14am BST04:14 | 4.14am BST04:14 |
| In the lead-up to the decision, Tony Abbott has sought to defend Heydon (“a man of the most profound integrity”), but has clearly signalled the government is prepared to appoint a new commissioner if he stands aside: | In the lead-up to the decision, Tony Abbott has sought to defend Heydon (“a man of the most profound integrity”), but has clearly signalled the government is prepared to appoint a new commissioner if he stands aside: |
| The royal commission will go on. The royal commission must go on … | The royal commission will go on. The royal commission must go on … |
| Labor and the union movement have long argued the whole inquiry was set up by Abbott as a political witch-hunt, and they seized on the Liberal fundraiser revelations to justify their longstanding concerns. Heydon is the sole commissioner of the royal commission into trade union governance and corruption – an inquiry that all sides acknowledge traverses politically sensitive ground. Perceptions can be very important. | Labor and the union movement have long argued the whole inquiry was set up by Abbott as a political witch-hunt, and they seized on the Liberal fundraiser revelations to justify their longstanding concerns. Heydon is the sole commissioner of the royal commission into trade union governance and corruption – an inquiry that all sides acknowledge traverses politically sensitive ground. Perceptions can be very important. |
| Here is the conundrum for the government: if Heydon stays, Labor and the unions are likely to play down any eventual findings as lacking in credibility. If he goes, the government will have to scramble to find a replacement for the man it had strongly defended – and work out the mechanics of the appointment. | Here is the conundrum for the government: if Heydon stays, Labor and the unions are likely to play down any eventual findings as lacking in credibility. If he goes, the government will have to scramble to find a replacement for the man it had strongly defended – and work out the mechanics of the appointment. |
| The commission was due to hand over its final report by December but setting up a replacement inquiry to take into account previously heard evidence could blow out the timeframe. A general election is due next year. Today’s developments come in the middle of the campaign for the byelection in the WA seat of Canning. | The commission was due to hand over its final report by December but setting up a replacement inquiry to take into account previously heard evidence could blow out the timeframe. A general election is due next year. Today’s developments come in the middle of the campaign for the byelection in the WA seat of Canning. |
| Bill Shorten, who was called before the commission in July to answer questions about his time at the helm of the AWU, has not gone as far as the unions in insisting the inquiry cannot go on. | Bill Shorten, who was called before the commission in July to answer questions about his time at the helm of the AWU, has not gone as far as the unions in insisting the inquiry cannot go on. |
| Note that the ACTU secretary, Dave Oliver, told the ABC’s Insiders program yesterday: | Note that the ACTU secretary, Dave Oliver, told the ABC’s Insiders program yesterday: |
| $60m of taxpayers’ money has gone into this royal commission. They can stop wasting taxpayers’ dollars and shut it down. | $60m of taxpayers’ money has gone into this royal commission. They can stop wasting taxpayers’ dollars and shut it down. |
| But Shorten has signalled he is not opposed to the commission proceeding without Heydon at the helm. The Labor leader on 20 August: | But Shorten has signalled he is not opposed to the commission proceeding without Heydon at the helm. The Labor leader on 20 August: |
| The key issue here is the captain’s pick, the royal commissioner, and Tony Abbott. If they find another royal commissioner, so be it … No matter how distinguished and honourable, it was wrong to agree to attend Liberal party events when you stand in judgment of the Liberal party’s political rivals. | The key issue here is the captain’s pick, the royal commissioner, and Tony Abbott. If they find another royal commissioner, so be it … No matter how distinguished and honourable, it was wrong to agree to attend Liberal party events when you stand in judgment of the Liberal party’s political rivals. |
| Updated at 4.49am BST | Updated at 4.49am BST |
| 4.06am BST04:06 | 4.06am BST04:06 |
| Hello and welcome to our live coverage of Dyson Heydon’s decision on whether to disqualify himself as head of the royal commission into trade union governance and corruption. | Hello and welcome to our live coverage of Dyson Heydon’s decision on whether to disqualify himself as head of the royal commission into trade union governance and corruption. |
| The former high court judge has been considering applications from the Australian Council of Trade Unions, the AWU and the CFMEU to recuse himself on the basis of apprehended bias. | The former high court judge has been considering applications from the Australian Council of Trade Unions, the AWU and the CFMEU to recuse himself on the basis of apprehended bias. |
| The union representatives, at a hearing in Sydney 10 days ago, focused on Heydon’s initial acceptance of an invitation to speak at a Liberal party event, saying it would undermine public confidence in his impartiality and put a cloud over any findings in the final report due in December. | The union representatives, at a hearing in Sydney 10 days ago, focused on Heydon’s initial acceptance of an invitation to speak at a Liberal party event, saying it would undermine public confidence in his impartiality and put a cloud over any findings in the final report due in December. |
| Heydon originally earmarked Tuesday last week as the likely day for a decision but he postponed the announcement because he was “taking the time required to consider his decision”. He then accepted a request from the ACTU for a second delay as a result of previously undisclosed contact between a NSW Bar Association officer and the counsel assisting the inquiry, Jeremy Stoljar, in the leadup to Heydon’s withdrawal from his commitment to deliver the Sir Garfield Barwick lecture. | Heydon originally earmarked Tuesday last week as the likely day for a decision but he postponed the announcement because he was “taking the time required to consider his decision”. He then accepted a request from the ACTU for a second delay as a result of previously undisclosed contact between a NSW Bar Association officer and the counsel assisting the inquiry, Jeremy Stoljar, in the leadup to Heydon’s withdrawal from his commitment to deliver the Sir Garfield Barwick lecture. |
| Proceedings are due to begin at 2pm AEST and are expected to be webcast (follow this link). The commission says a copy of Heydon’s reasons “will be made available shortly after they are handed down – both online and in printed form”. | Proceedings are due to begin at 2pm AEST and are expected to be webcast (follow this link). The commission says a copy of Heydon’s reasons “will be made available shortly after they are handed down – both online and in printed form”. |
| Stay with me as I provide updates on the proceedings and keep track of any reaction to the decision. In the meantime I’ll provide some background on the issues at stake and the positioning of the nation’s political leaders. | Stay with me as I provide updates on the proceedings and keep track of any reaction to the decision. In the meantime I’ll provide some background on the issues at stake and the positioning of the nation’s political leaders. |