❓ Question regarding the Department of Premier and Cabinet's cooperation with a CCC investigation, specifically concerning Director General Darren Foster and parliamentary privilege. Premier defends Foster's actions and the department's compliance.
AnsweredQoN 640Legislative Assembly
QuestionView source ↗
STANDING COMMITTEE ON
PROCEDURE AND PRIVILEGES —FIFTY-FIFTH REPORT — DARREN FOSTER
640. Ms
A. SANDERSON to the Premier:
On
behalf of the member for Belmont, I would like to welcome the students and
teachers from Belmont City College.
I refer to the question asked
yesterday by the member for Dawesville in this place in which he attacked the
director general of the Department of the Premier and Cabinet for complying
with an order of the Corruption and Crime Commission. Can the Premier update
the house on this matter and how the Department of the Premier and Cabinet has
conducted itself in assisting the CCC with its investigations?
PROCEDURE AND PRIVILEGES —FIFTY-FIFTH REPORT — DARREN FOSTER
640. Ms
A. SANDERSON to the Premier:
On
behalf of the member for Belmont, I would like to welcome the students and
teachers from Belmont City College.
I refer to the question asked
yesterday by the member for Dawesville in this place in which he attacked the
director general of the Department of the Premier and Cabinet for complying
with an order of the Corruption and Crime Commission. Can the Premier update
the house on this matter and how the Department of the Premier and Cabinet has
conducted itself in assisting the CCC with its investigations?
AnswerView source ↗
Prior to answering this question, I also
acknowledge Dr David Worth, wish him all the best in his future endeavours and
thank him for his contribution to Parliament over many years. I also
acknowledge all the school students in the chamber today. I hope they are well
behaved. I expect they will be.
In response to the serious question
that was asked by the member for Morley, I want to make it very plain to
Parliament that this government takes corruption and misconduct very, very
seriously. This government has cooperated with a Corruption and Crime
Commission investigation. That is my expectation of every person working in the
public sector. We as a Parliament established the CCC through the Corruption,
Crime and Misconduct Act to try to root out corruption. We as a Parliament
entrusted the CCC with that important function to ensure that an allegation or
information involving corruption is dealt with in an appropriate way. As
Premier, I will not accept anyone who tries to interfere with this important
role, as opposition members appear to be doing. I commend the Department of the
Premier and Cabinet for fully assisting the CCC in its investigation. The
Department of the Premier and Cabinet has absolutely done the right thing here
morally, ethically and legally.
For the benefit of all members, I want
to outline what has occurred. In April, the director general of DPC, Mr Foster,
was issued with a notice by the CCC compelling him to provide certain
information. He was issued with another notice that banned him from disclosing
this or that there was even an investigation. It was Mr Foster who realised
there was a problem and that some of the documents being requested could be
considered to be subject to parliamentary privilege. Mr Foster asked the CCC to
amend the section 99 notice so that he could discuss the matter with the
President of the Legislative Council, the Clerk and the Deputy Clerk. From that
point, there was a disagreement between the CCC and the Standing Committee on
Procedure and Privileges of the Council, about how to deal with the documents.
During that time, Mr Foster was issued with a second notice by the CCC, again
compelling him to provide the documents it was seeking. I point out that Mr Foster
had been waiting as long as possible for a process to be agreed to. With the
deadline looming and no agreement between the CCC and the procedures committee
of the upper house, Mr Foster was put in a very unenviable position. He had two
choices: break the law and refuse to hand
over the documents directly to the CCC, which could lead to a contempt of the
CCC and delay and frustrate the investigation, or produce the documents
to the CCC through a process that was as close as possible to the process that the committee asked for, which would
potentially cause claims of contempt by some members of the Legislative
Council. It was an extraordinarily difficult decision and one Mr Foster did not
take lightly.
I also want to point out that the
State Solicitor's Office and the Solicitor-General gave repeated advice
to the Department of the Premier and Cabinet and Mr Foster. That advice is what
guided the department's actions. By following that advice, the
department did everything it reasonably could to protect both parliamentary
privilege and comply with the CCC requirements. I understand that a letter from
the Corruption and Crime Commissioner, John McKechnie, was tabled in the
Legislative Council today. He writes —
My view in summary is that Mr Foster
was lawfully required to and did comply with the notice issued to him under CCM
Act s 95.
I say this to the house: I commend
Mr Foster for complying with the lawful directions of the Corruption and Crime
Commission. He has been placed in a difficult position. But the government's
position is very clear: no-one, including
politicians, should be exempt from a CCC investigation. I am appalled by the
comments of the Leader of the Liberal Party, the member for Dawesville
and other Liberal Party members, who are demanding that Mr Foster be stood down
for abiding by the law and trying to prevent corruption. For what?
Mr D.C. Nalder interjected.
The SPEAKER : Member for
Bateman!
Mr
M. McGOWAN : Why are members of the
Liberal Party demanding he be stood down for cooperating with the CCC? The
position of those Liberals is that he should have refused to cooperate with the
CCC—that he should have impeded its investigation. We have to ask the
questions: Why? Who are they trying to protect? Whose interest is it in to
demand the CCC investigation be impeded and delayed? The Liberal Party should
be ashamed and has questions to answer. Our position is clear. We support the
CCC in its work in rooting out corruption. No-one is above the law—no
MP is above the law and certainly no former MP is above the law. The government
is abiding by the law —
Mr D.C. Nalder interjected.
The SPEAKER : Member for Bateman!
Mr M. McGOWAN : — and
we are on the side of those investigating potential corruption.
acknowledge Dr David Worth, wish him all the best in his future endeavours and
thank him for his contribution to Parliament over many years. I also
acknowledge all the school students in the chamber today. I hope they are well
behaved. I expect they will be.
In response to the serious question
that was asked by the member for Morley, I want to make it very plain to
Parliament that this government takes corruption and misconduct very, very
seriously. This government has cooperated with a Corruption and Crime
Commission investigation. That is my expectation of every person working in the
public sector. We as a Parliament established the CCC through the Corruption,
Crime and Misconduct Act to try to root out corruption. We as a Parliament
entrusted the CCC with that important function to ensure that an allegation or
information involving corruption is dealt with in an appropriate way. As
Premier, I will not accept anyone who tries to interfere with this important
role, as opposition members appear to be doing. I commend the Department of the
Premier and Cabinet for fully assisting the CCC in its investigation. The
Department of the Premier and Cabinet has absolutely done the right thing here
morally, ethically and legally.
For the benefit of all members, I want
to outline what has occurred. In April, the director general of DPC, Mr Foster,
was issued with a notice by the CCC compelling him to provide certain
information. He was issued with another notice that banned him from disclosing
this or that there was even an investigation. It was Mr Foster who realised
there was a problem and that some of the documents being requested could be
considered to be subject to parliamentary privilege. Mr Foster asked the CCC to
amend the section 99 notice so that he could discuss the matter with the
President of the Legislative Council, the Clerk and the Deputy Clerk. From that
point, there was a disagreement between the CCC and the Standing Committee on
Procedure and Privileges of the Council, about how to deal with the documents.
During that time, Mr Foster was issued with a second notice by the CCC, again
compelling him to provide the documents it was seeking. I point out that Mr Foster
had been waiting as long as possible for a process to be agreed to. With the
deadline looming and no agreement between the CCC and the procedures committee
of the upper house, Mr Foster was put in a very unenviable position. He had two
choices: break the law and refuse to hand
over the documents directly to the CCC, which could lead to a contempt of the
CCC and delay and frustrate the investigation, or produce the documents
to the CCC through a process that was as close as possible to the process that the committee asked for, which would
potentially cause claims of contempt by some members of the Legislative
Council. It was an extraordinarily difficult decision and one Mr Foster did not
take lightly.
I also want to point out that the
State Solicitor's Office and the Solicitor-General gave repeated advice
to the Department of the Premier and Cabinet and Mr Foster. That advice is what
guided the department's actions. By following that advice, the
department did everything it reasonably could to protect both parliamentary
privilege and comply with the CCC requirements. I understand that a letter from
the Corruption and Crime Commissioner, John McKechnie, was tabled in the
Legislative Council today. He writes —
My view in summary is that Mr Foster
was lawfully required to and did comply with the notice issued to him under CCM
Act s 95.
I say this to the house: I commend
Mr Foster for complying with the lawful directions of the Corruption and Crime
Commission. He has been placed in a difficult position. But the government's
position is very clear: no-one, including
politicians, should be exempt from a CCC investigation. I am appalled by the
comments of the Leader of the Liberal Party, the member for Dawesville
and other Liberal Party members, who are demanding that Mr Foster be stood down
for abiding by the law and trying to prevent corruption. For what?
Mr D.C. Nalder interjected.
The SPEAKER : Member for
Bateman!
Mr
M. McGOWAN : Why are members of the
Liberal Party demanding he be stood down for cooperating with the CCC? The
position of those Liberals is that he should have refused to cooperate with the
CCC—that he should have impeded its investigation. We have to ask the
questions: Why? Who are they trying to protect? Whose interest is it in to
demand the CCC investigation be impeded and delayed? The Liberal Party should
be ashamed and has questions to answer. Our position is clear. We support the
CCC in its work in rooting out corruption. No-one is above the law—no
MP is above the law and certainly no former MP is above the law. The government
is abiding by the law —
Mr D.C. Nalder interjected.
The SPEAKER : Member for Bateman!
Mr M. McGOWAN : — and
we are on the side of those investigating potential corruption.
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