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NSW government set for showdown after refusing to release of documents NSW government caves in to pressure and agrees to release key documents
(35 minutes later)
The New South Wales state government has ignored a deadline to produce three documents related to contentious policy decisions sought by the upper house, setting the stage for a showdown when parliament sits on Wednesday morning. The New South Wales state government has bent to pressure to hand over three documents related to contentious policy decisions to the upper house, avoiding a showdown that could have seen one of the most senior members of the government ejected from parliament.
The constitutional showdown set for 11am is likely result in the expulsion from the chamber of the leader of the government in the legislative council, Don Harwin. In a spectacular about-face, the government agreed to hand the Tune report on out-of-home care for at risk children and the business cases underpinning stadium upgrades and the plan to move the Powerhouse museum from Sydney’s city to Parramatta to the Legislative Council by Friday.
The dispute, which involves three documents the Berejiklian government says are cabinet documents and therefore immune from orders to produce from the upper house, is expected to quickly move to NSW court of appeal, which decides state constitutional matters.
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This kind of constitutional showdown has not been seen since the 1990s, when former Labor treasurer and leader of the house Michael Egan refused to produce documents. This does not necessarily mean they will be made public – there may still be claims for privilege – but it is likely that each document will be made public in some form.
In that case, when the usher of the black rod attempted to eject Egan from the chamber by placing a hand on his shoulder, Egan claimed he had been assaulted, and it was this assault that triggered the legal action. The release will shed light on three highly contentious policies in NSW. The decision to spend $2.3bn on the upgrades of Sydney stadiums has dogged the Berejiklian Liberal government for months and despite efforts to reduce the size of the projects, there remains deep scepticism in the community about whether it represents good value for money.
The constitutional showdown was triggered this time by the refusal of the Liberal government to produce three reports that deal with highly contentious policy decisions. The decision to move the Powerhouse to Parramatta was made by previous premier Mike Baird. Its current site at Ultimo appears destined to be turned into apartments.
The three reports – the Tune report into child protection services in NSW, the business case for the upgrades of Sydney’s two major stadiums and the business case for moving the Powerhouse museum from the city to Parramatta – have already been ordered to be released, thanks to maverick Liberal Matthew Mason-Cox crossing the floor on three occasions. The report by David Tune was completed in 2016 and is understood to be highly critical of the out-of home care system for children. Since then, the government has announced an expansion of the program, which disproportionately affects Aboriginal children.
On Tuesday night the state’s Labor opposition, the Greens, the Shooters, Fishers and Farmers party and Mason-Cox joined forces to issue an ultimatum to the government to either release the reports or face the expulsion of the leader. Christian Democrat Fred Nile sided with the government. The vote was 21 to 20. Members of the upper house will be able to view the documents.
The expulsion of Harwin would make the numbers for the government in the Legislative Council even more precarious than they are now. It currently depends on the votes of one minor party member to pass legislation. The constitutional showdown, prompted when maverick Liberal MP Matthew Mason-Cox crossed the floor on Tuesday night to back the opposition and minor parties in a motion censuring the leader of the government in the upper house, Don Harwin, has now been defused.
But the crisis will also test the limits of claims of cabinet in confidence, which has been increasingly used by the NSW government and other governments to resist calls to provide information to both the parliament and the public. This kind of constitutional showdown had not been seen since the 1990s, when former Labor treasurer and leader of the house Michael Egan refused to produce documents.
Mason-Cox had already crossed the floor on three occasions to demand the reports.
On Tuesday night Labor, the Greens, the Shooters, Fishers and Farmers party and Mason-Cox joined forces to issue an ultimatum to the government to either release the reports or face Harwin’s expulsion. Christian Democrat Fred Nile sided with the government. The vote was 21 to 20.
The expulsion of Harwin would have made the numbers for the government in the Legislative Council even more precarious than they are now. It currently depends on the votes of one minor party member to pass legislation.
It also threatened to test the limits of claims of cabinet in confidence, which has been increasingly used by the NSW government and other governments to resist calls to provide information to both the parliament and the public.
Several members of the upper house made impassioned speeches about the role of the chamber as a house of review and their concern that the executive branch of government was attempting to stifle proper debate.Several members of the upper house made impassioned speeches about the role of the chamber as a house of review and their concern that the executive branch of government was attempting to stifle proper debate.
“The long-suffering public should welcome this commitment to accountability and transparency,” Greens MLC David Shoebridge said.“The long-suffering public should welcome this commitment to accountability and transparency,” Greens MLC David Shoebridge said.
“There has been a shroud of secrecy over almost controversial decision made by this government. Finally parliament is striking back at executive overreach.”“There has been a shroud of secrecy over almost controversial decision made by this government. Finally parliament is striking back at executive overreach.”
“This is historic and is about the integrity of the Legislative Council to hold the government to account,” the Labor leader in the upper house, Adam Searle, said.“This is historic and is about the integrity of the Legislative Council to hold the government to account,” the Labor leader in the upper house, Adam Searle, said.
It is unclear what will happen to Mason-Cox. Over the last two months Mason-Cox, a former fair trading minister, has crossed the floor four times in defiance of his party to demand that the reports be released. Mason-Cox has been an outspoken advocate for reform of the child protection system and has been seeking the Tune report into out-of-home care for at-risk children for over a year.
He is an outspoken advocate for reform of the child protection system and has been seeking the Tune report into out-of-home care for at-risk children for over a year.
In the past two months he has also been outspoken about the spending of $2.3bn on the controversial stadium upgrade and moving the Powerhouse to Parramatta, at a cost of $1.1bn, without the public seeing the business cases behind the projects, while child protection is underfunded.In the past two months he has also been outspoken about the spending of $2.3bn on the controversial stadium upgrade and moving the Powerhouse to Parramatta, at a cost of $1.1bn, without the public seeing the business cases behind the projects, while child protection is underfunded.
On Tuesday night Mason-Cox said he had come to “a fork in the road”. He revealed he had been told by the premier, Gladys Berejiklian, that he could not have a conscience vote on the matter, which means he faces serious sanctions, including possible expulsion from the Liberal party. On Tuesday night Mason-Cox said he had come to “a fork in the road”.
With the numbers in the NSW upper house on a knife edge, an expulsion could dramatically alter the Berejiklian government’s ability to pass legislation.
At the moment the government depends on the Christian Democrats to pass legislation, assuming all of its own MLCs vote for it as well. With Harwin banned from the chamber, a simple abstention by a Coalition MLC would be enough to scuttle a bill.
New South Wales politicsNew South Wales politics
New South WalesNew South Wales
Gladys BerejiklianGladys Berejiklian
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