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'What did you know and when?': Labor wants government answers on Bob Day fiasco 'What did you know and when?': Labor wants government answers on Bob Day fiasco
(about 2 hours later)
Labor has demanded to know what the Turnbull government knew and when it knew it in relation to the controversy surrounding the eligibility of the Family First Senator Bob Day, which is now heading for the high court. Labor has demanded to know what the Turnbull government knew and when it knew it in relation to the controversy surrounding the eligibility of the former Family First senator Bob Day, which is now heading for the high court.
In a statement on Wednesday, Day confirmed the government had legal advice saying he was ineligible but maintained he had no conflict of interest because he had sold the building which the government leased from his associate.
Labor’s Senate leader Penny Wong told the ABC on Wednesday morning the government needed to say “what it knew when” – specifically when concerns about Day’s eligibility to sit in the Senate were first raised with the government.Labor’s Senate leader Penny Wong told the ABC on Wednesday morning the government needed to say “what it knew when” – specifically when concerns about Day’s eligibility to sit in the Senate were first raised with the government.
“The best thing that George Brandis could do as leader of the government in the Senate is stand up and be completely transparent about the timetable,” she said, noting Bob Day voted with the government “nine out of 10 times”.“The best thing that George Brandis could do as leader of the government in the Senate is stand up and be completely transparent about the timetable,” she said, noting Bob Day voted with the government “nine out of 10 times”.
Australians would “not look too kindly on a government that sat on information or didn’t deal with concerns because it wanted someone’s vote”, she said.Australians would “not look too kindly on a government that sat on information or didn’t deal with concerns because it wanted someone’s vote”, she said.
The government and Labor have queried whether Day was eligible to sit in the Senate because of a potential breach of section 44 of the constitution which forbids “any direct or indirect pecuniary interest in any agreement with the public service of the commonwealth”.The government and Labor have queried whether Day was eligible to sit in the Senate because of a potential breach of section 44 of the constitution which forbids “any direct or indirect pecuniary interest in any agreement with the public service of the commonwealth”.
Day once owned the building which houses his Adelaide electoral office, but sold it to a business associate. Day, however, remained liable for the mortgage on the building, which potentially triggers section 44 issues.Day once owned the building which houses his Adelaide electoral office, but sold it to a business associate. Day, however, remained liable for the mortgage on the building, which potentially triggers section 44 issues.
Wong’s demands come as Guardian Australia has confirmed the government has known about the potential problems with the Day lease since before the last election. In his statement, Day said that his associate’s company “owes me money”, which the federal Department of Finance’s legal opinion characterises as an “indirect” interest in the lease with the commonwealth.
Day revealed the department’s advice said he was not eligible from the day the lease was signed on 1 December 2015, despite the fact it specified no rent was to be paid until 1 July this year. No rent was ever paid, he said.
The former Family First senator said he had advice he was eligible for the Senate, based on a high court decision that a family company having a contract with the commonwealth did not represent a pecuniary interest.
“In my case, I had no contract or agreement with the commonwealth. I had an agreement with someone else who had an agreement with the commonwealth.”
Wong’s demands came as Guardian Australia confirmed the government knew about the potential problems with the Day lease since before the last election.
The lease on the building expired in August.The lease on the building expired in August.
After an exchange of communication in early August, the special minister of state, Scott Ryan, advised the Family First senator in writing on 7 October he was terminating the lease and would seek the advice of an independent counsel about the constitutional implications.After an exchange of communication in early August, the special minister of state, Scott Ryan, advised the Family First senator in writing on 7 October he was terminating the lease and would seek the advice of an independent counsel about the constitutional implications.
No rent has been paid on the property since December 2015.
Ryan got the independent legal advice last Thursday, then informed the Senate president, Stephen Parry in writing of the government’s intentions.Ryan got the independent legal advice last Thursday, then informed the Senate president, Stephen Parry in writing of the government’s intentions.
The former solicitor general, Justin Gleeson, said two weeks ago he had provided “urgent advice on a high court proceeding which has questions of law attached to it which relate to the composition of this Senate”.The former solicitor general, Justin Gleeson, said two weeks ago he had provided “urgent advice on a high court proceeding which has questions of law attached to it which relate to the composition of this Senate”.
Gleeson’s evidence to a Senate committee on 14 October was that on 13 October the Australian government solicitor had sought urgent advice from him about the composition of the Senate. On the ABC on Wednesday morning, the finance minister, Mathias Cormann, said the Gleeson advice did not pertain to Day and the section 44 constitutional matter. Guardian Australia has confirmed it did not relate to Day at all, meaning the eligibility of another senator may be in doubt.
The former solicitor general said he had elected to ignore a controversial direction from Brandis which restricted his capacity to give independent legal advice in order to provide the opinion about the composition of the Senate.
On the ABC on Wednesday morning, the finance minister, Mathias Cormann, said the Gleeson advice did not pertain to Day and the section 44 constitutional matter – which either means the advice was sought on another issue or leaves open the question there may be other problems with senators.
Section 44 of the constitution sets out the criteria for ineligibility, which includes being a foreign citizen, being bankrupt or insolvent, or holding an office of profit under the crown.Section 44 of the constitution sets out the criteria for ineligibility, which includes being a foreign citizen, being bankrupt or insolvent, or holding an office of profit under the crown.
That section of the constitution also says people cannot be elected to parliament if they have “any direct or indirect pecuniary interest in any agreement with the public service of the commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than 25 persons.” It also says people cannot be elected to parliament if they have “any direct or indirect pecuniary interest in any agreement with the public service of the commonwealth otherwise than as a member and in common with the other members of an incorporated company consisting of more than 25 persons”.
Day texted an Adelaide radio station on Wednesday morning demanding to know whether there were any other senators with financial interests.Day texted an Adelaide radio station on Wednesday morning demanding to know whether there were any other senators with financial interests.
Quit @senatorbobday just sent us this text. Not taking questions. @891adelaide pic.twitter.com/F18qYscZmhQuit @senatorbobday just sent us this text. Not taking questions. @891adelaide pic.twitter.com/F18qYscZmh
Cormann defended the government’s actions. He said the government did not drag its heels on the matter, but sought legal advice on the implications of the commercial arrangements.Cormann defended the government’s actions. He said the government did not drag its heels on the matter, but sought legal advice on the implications of the commercial arrangements.
He said the government sought legal advice, and put the advice in the hands of the Senate president the day after it received it. He said the government sought legal advice, and put the advice in the hands of the Senate president the day after it was received.
Ryan said the requests for legal advice went backwards and forwards between the government and external counsel over several weeks before the advice was finalised. Ryan said the requests for legal advice went backwards and forwards between the government and external counsel over several weeks before the it was finalised.
He said the government has acted “with entire probity on this”. Ryan said he was “unaware” of any problems with other senators. He said the government had acted “with entire probity on this”. Ryan said he was “unaware” of any problems with other senators.
Cormann was asked about the government’s decision to accept Day’s vote on legislation intervening in the Country Fire Authority dispute in Victoria.Cormann was asked about the government’s decision to accept Day’s vote on legislation intervening in the Country Fire Authority dispute in Victoria.
The finance minister said at that point inquiries were ongoing and the government was not in a position to make a judgment about whether Day was eligible to sit in the Senate. “That is up to the high court.”The finance minister said at that point inquiries were ongoing and the government was not in a position to make a judgment about whether Day was eligible to sit in the Senate. “That is up to the high court.”
Cormann said Day’s ineligibility was not yet a settled question. “The only authority that can settles the question is the high court.”Cormann said Day’s ineligibility was not yet a settled question. “The only authority that can settles the question is the high court.”
Ryan said the law stipulated a person remained a senator until a competent body found otherwise.Ryan said the law stipulated a person remained a senator until a competent body found otherwise.
Wong said the Senate president had briefed party leaders confidentially in the past few days, but said there were “questions about the extent to which this is something people have been concerned about for some time”.Wong said the Senate president had briefed party leaders confidentially in the past few days, but said there were “questions about the extent to which this is something people have been concerned about for some time”.
“This goes to the function of our democracy, this goes to the integrity of the Senate.”“This goes to the function of our democracy, this goes to the integrity of the Senate.”
Wong said Labor would support a high court case but asked to see the terms of the referral to the court before Monday.Wong said Labor would support a high court case but asked to see the terms of the referral to the court before Monday.