Mr. Birney questions the Premier regarding ministers holding shares in managed funds that conflict with their duties and the Premier's response to the Kucera share scandal. The Premier defends his initial acceptance of Kucera's independently managed fund but acknowledges a problem emerged regarding reporting obligations.

AnsweredQoN 629Legislative Assembly
Asked
18 October 2005
Portfolio
Premier

QuestionView source ↗

(1) Is it okay for government ministers to hold shares that clearly conflict with their cabinet duties without declaring an interest if they hold those shares in a managed fund? (2) If that is not the case, why then did the Premier explain his failure to pursue the Kuceras’ share scandal with the following quote in Saturday’s The West Australian , “I spoke to Bob Kucera and he said he’s got an independently managed fund and to me that was acceptable”? Dr G.I. GALLOP

AnswerView source ↗

(1)-(2) There are many superannuation funds in which the day-to-day operation is independent of the person whose fund it is. I do not think it would be reasonable to place an obligation on someone to declare those holdings in respect of any issue that arose, because the person would not know. My understanding was that the member had such an independent fund and decisions were being made independently of him. Mr M.J. Birney : That is rubbish. Dr G.I. GALLOP : That was my understanding of the way the fund operated. When we looked into the matter in detail last week, a problem emerged with the reports that the minister was putting in and the obligation on him to see that there may be a potential conflict, even though he would not have known what was being done on a day-to-day basis. I remind this house that it was the member for Yokine who was then the minister who resigned his position on the basis of this issue. That was the issue. Several members interjected. Dr G.I. GALLOP : He resigned. Has it not occurred to the Leader of the Opposition that he has resigned from his position?
(2) If that is not the case, why then did the Premier explain his failure to pursue the Kuceras’ share scandal with the following quote in Saturday’s The West Australian , “I spoke to Bob Kucera and he said he’s got an independently managed fund and to me that was acceptable”? Dr G.I. GALLOP replied: (1)-(2) There are many superannuation funds in which the day-to-day operation is independent of the person whose fund it is. I do not think it would be reasonable to place an obligation on someone to declare those holdings in respect of any issue that arose, because the person would not know. My understanding was that the member had such an independent fund and decisions were being made independently of him. Mr M.J. Birney : That is rubbish. Dr G.I. GALLOP : That was my understanding of the way the fund operated. When we looked into the matter in detail last week, a problem emerged with the reports that the minister was putting in and the obligation on him to see that there may be a potential conflict, even though he would not have known what was being done on a day-to-day basis. I remind this house that it was the member for Yokine who was then the minister who resigned his position on the basis of this issue. That was the issue. Several members interjected. Dr G.I. GALLOP : He resigned. Has it not occurred to the Leader of the Opposition that he has resigned from his position?
Dr G.I. GALLOP replied: (1)-(2) There are many superannuation funds in which the day-to-day operation is independent of the person whose fund it is. I do not think it would be reasonable to place an obligation on someone to declare those holdings in respect of any issue that arose, because the person would not know. My understanding was that the member had such an independent fund and decisions were being made independently of him. Mr M.J. Birney : That is rubbish. Dr G.I. GALLOP : That was my understanding of the way the fund operated. When we looked into the matter in detail last week, a problem emerged with the reports that the minister was putting in and the obligation on him to see that there may be a potential conflict, even though he would not have known what was being done on a day-to-day basis. I remind this house that it was the member for Yokine who was then the minister who resigned his position on the basis of this issue. That was the issue. Several members interjected. Dr G.I. GALLOP : He resigned. Has it not occurred to the Leader of the Opposition that he has resigned from his position?
(1)-(2) There are many superannuation funds in which the day-to-day operation is independent of the person whose fund it is. I do not think it would be reasonable to place an obligation on someone to declare those holdings in respect of any issue that arose, because the person would not know. My understanding was that the member had such an independent fund and decisions were being made independently of him. Mr M.J. Birney : That is rubbish. Dr G.I. GALLOP : That was my understanding of the way the fund operated. When we looked into the matter in detail last week, a problem emerged with the reports that the minister was putting in and the obligation on him to see that there may be a potential conflict, even though he would not have known what was being done on a day-to-day basis. I remind this house that it was the member for Yokine who was then the minister who resigned his position on the basis of this issue. That was the issue. Several members interjected. Dr G.I. GALLOP : He resigned. Has it not occurred to the Leader of the Opposition that he has resigned from his position?
Mr M.J. Birney : That is rubbish. Dr G.I. GALLOP : That was my understanding of the way the fund operated. When we looked into the matter in detail last week, a problem emerged with the reports that the minister was putting in and the obligation on him to see that there may be a potential conflict, even though he would not have known what was being done on a day-to-day basis. I remind this house that it was the member for Yokine who was then the minister who resigned his position on the basis of this issue. That was the issue. Several members interjected. Dr G.I. GALLOP : He resigned. Has it not occurred to the Leader of the Opposition that he has resigned from his position?
Dr G.I. GALLOP : That was my understanding of the way the fund operated. When we looked into the matter in detail last week, a problem emerged with the reports that the minister was putting in and the obligation on him to see that there may be a potential conflict, even though he would not have known what was being done on a day-to-day basis. I remind this house that it was the member for Yokine who was then the minister who resigned his position on the basis of this issue. That was the issue. Several members interjected. Dr G.I. GALLOP : He resigned. Has it not occurred to the Leader of the Opposition that he has resigned from his position?
Several members interjected. Dr G.I. GALLOP : He resigned. Has it not occurred to the Leader of the Opposition that he has resigned from his position?
Dr G.I. GALLOP : He resigned. Has it not occurred to the Leader of the Opposition that he has resigned from his position?

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