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Legislative Assembly for the ACT: 1997 Week 8 Hansard (26 August) . . Page.. 2430 ..

MRS CARNELL (continuing):

findings about Fay Richwhite's conduct. They also knew that the company had not been convicted in any court of offences related to these transactions. In other words, Mr Speaker, they knew that Fay Richwhite had not been found guilty of defrauding any governments and had not been convicted of tax rorts; but they decided to make the statements anyway, knowing that they would be afforded the protection of parliamentary privilege.

Mr Speaker, under any circumstances, that is a very reckless and irresponsible approach. Mr Speaker, if this Assembly does not choose to censure Mr Berry and Ms McRae, what chance does any company or any entity have of protecting itself against people who are willing to use parliamentary privilege in an unfortunate or irresponsible manner? The fact is that there is no proof whatsoever, and Mr Berry and Ms McRae actually knew that. That is what makes this conduct so disgraceful, Mr Speaker.

Mr Speaker, the other thing that really concerns me is that, since Mr Berry and Ms McRae obviously now know the outcome of the inquiry in New Zealand, we have not seen an apology. We have not seen anything from either of those two opposite. I hope that others in this Assembly also share my view that parliamentary privilege is something that we have to use appropriately if we are to protect it. In other words, Mr Speaker, parliamentary privilege is just that - a privilege. I commend the motion to the Assembly, Mr Speaker.

MR BERRY (Leader of the Opposition) (5.05): Mr Speaker, Mr Humphries referred to the custom of people who are the accused waiting until the last moment to speak on the matter. I think it is as well that I put my view in relation to this matter. Then members will know exactly where I stand in respect of this matter as they consider all of the issues.

Mr Speaker, I think this censure motion is press release driven. A press release was issued on 15 August, headed "Berry, McRae likely to face censure motion over false allegations". It quoted me as saying:

"... a firm which has been involved in tax rorts ... rorts that have defrauded governments of hundreds of millions of dollars".

It went on to make some similar accusations. It also referred to some statements by Ms McRae, about tax rorts again, and it went on to describe other matters in relation to the inquiry in New Zealand.

But what Mrs Carnell did not talk about was why the questions were raised in the Assembly. I will go to the questions which were raised in the Assembly, Mr Speaker, so that members can be fully aware of the issue. My question to Mrs Carnell, which has been selectively quoted from, was as follows:

My question is to Mrs Carnell in her capacity as Chief Minister. Chief Minister, I refer to the consultancy through which you have employed Fay Richwhite and Associates to do a study of ACTEW.

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