Wednesday, 22 February 2023

Questions without notice and ministers statements

Member conduct

John PESUTTO, Danny PEARSON
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Member conduct

 John PESUTTO (Hawthorn – Leader of the Opposition) (14:16): My question is to the Assistant Treasurer. The Assistant Treasurer holds up to $100,000 worth of Commonwealth Bank shares, $10,000 in Bega Cheese shares, $10,000 in Beach Energy shares, $100,000 in CSL shares, $10,000 in Computershare shares and $10,000 in Telstra shares. Has the Assistant Treasurer traded shares in any of these companies since he came to Parliament?

Mary-Anne Thomas: On a point of order, Speaker, I fail to see how the opposition leader’s question relates in any way to the minister’s portfolio. The point of order is in relation to standing order 53, which makes it clear that all ministers can answer questions related to their portfolios. There is nothing in the question that relates to the minister’s portfolio.

John PESUTTO: On the point of order, Speaker, on reflection I think –

Members interjecting.

The SPEAKER: Order!

John PESUTTO: Look, we had simply assumed that the Assistant Treasurer would tell the Victorian people what shares he traded in and out of. But we are happy –

Members interjecting.

John PESUTTO: I am not finished the point of order yet, Mary-Anne. I am happy to rephrase the question.

Members interjecting.

The SPEAKER: Order! The house will come to order. The member for Frankston can leave the chamber for 1 hour. Clearly you do not enjoy question time.

Member for Frankston withdrew from chamber.

The SPEAKER: The Leader of the Opposition has asked to rephrase the question. I am going to allow him that opportunity.

John PESUTTO: I will rephrase the question, Speaker. The Assistant Treasurer holds up to $100,000 in Commonwealth Bank shares, $10,000 in Bega Cheese shares, $10,000 in Beach Energy shares, $100,000 in CSL shares, $10,000 in Computershare shares and $10,000 in Telstra shares. Has the Assistant Treasurer traded shares in any of these companies since he became a minister?

Members interjecting.

The SPEAKER: Order! The house will pause. I would like to make a ruling on the opposition leader’s rephrased question. The question has not directly been related to the minister’s portfolio and his duties as minister. I will give you one more opportunity to rephrase the question.

Members interjecting.

The SPEAKER: Order! The house will come to order. The Premier will come to order. Members will be removed from the chamber without warning. Leader of the Opposition! Third time lucky, Leader of the Opposition.

John PESUTTO: Thank you, Speaker. My question is to the Assistant Treasurer. The Assistant Treasurer holds up to $100,000 in Commonwealth Bank shares, $10,000 in Bega Cheese shares, $10,000 in Beach Energy shares, $100,000 in CSL shares, $10,000 in Computershare shares and $10,000 in Telstra shares. Has the Assistant Treasurer breached the ministerial code of conduct by trading in any of these shares?

Members interjecting.

The SPEAKER: Order! The Deputy Premier will come to order. Leader of the Opposition!

Mary-Anne Thomas: On a point of order, Speaker, I think that at this stage it is fair to say that the Leader of the Opposition is actually reflecting on the Speaker by imputing that his question responds to the advice that you have given him. Clearly his question still does not relate to government administration. Standing order 53, by the way – let me refer you, if I may, to Rulings from the Chair, where it was in fact Speaker Delzoppo who made it quite clear that a question to a minister concerning actions in relation to a request to purchase of stock that was not related to his government business, so I ask that you rule that third attempt at this question out of order.

Peter Walsh: On the point of order, Speaker, I ask you to rule the Leader of the House’s point of order out of order. This clearly relates to the minister’s issue around his propriety or impropriety as a minister in trading shares that create a conflict of interest. The question was very simple to the minister: did he have a conflict of interest in trading those shares? If he does not want to answer that, it proves he is guilty.

Members interjecting.

The SPEAKER: Order! The member for South Barwon can leave the chamber for 1 hour.

Member for South Barwon withdrew from chamber.

The SPEAKER: The question related to the ministerial code of conduct. I am going to allow this one. The Assistant Treasurer to respond.

 John PESUTTO (Hawthorn – Leader of the Opposition) (14:24): The Assistant Treasurer’s register of interest shows that he has traded in shares. Will the Assistant Treasurer release itemised records of these share transactions, including their dates?

John Pesutto interjected.

The SPEAKER: Order! Leader of the Opposition! The question does not relate to the member’s ministerial responsibilities. I am going to rule the question out of order. I will give you one opportunity to rephrase.

John PESUTTO: Can the Assistant Treasurer assure this house and the Victorian people that no transaction to either sell or buy shares during his time as Assistant Treasurer has breached the ministerial code of conduct?

Mary-Anne Thomas: On a point of order, Speaker, as you well know, the ministerial code of conduct is not the responsibility of the Assistant Treasurer. The Assistant Treasurer has complied at all times with his responsibilities in terms of updating his register of interests, and I ask that you rule the question out of order.

James Newbury: On the point of order, Speaker, a minister’s adherence to the code of ministerial conduct is entirely within the remit of a ministerial responsibility. This argument put by the Leader of the House brings a whole new level to this government’s lack of accountability.

The SPEAKER: Order! I allowed the first question in relation to code of conduct, and I allow this one.

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