Page 4165 - Week 14 - Tuesday, 26 November 2013
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Members, this place is responsible for holding the executive to account. The standing orders apply to the executive whether they like it or not. What the Assembly did when it passed my motion on standing order 213 was to deliver a lawful order to the Treasurer to do certain things: to table documents; if some of those documents were to have privilege attached, to give us a list of those documents with privilege; then, if somebody appeals against that, to take it to the arbiter. Nobody can appeal against the decision on privilege because nobody has been made aware of anything. So we are totally in the dark except for what the minister himself says, where he has said in committees on a number of occasions now that, yes, there is a whole variety of modelling, but we are not allowed to see it. We know from his speech when we were debating this that there are budget considerations, so there must be budget cabinet submissions, but we are not allowed to see or know what they are. And we know from the document that he tabled that he simply says:
This paper provides an overview of relevant modelling and analysis undertaken as part of the ACT taxation review …
The Assembly did not ask for an overview of the relevant modelling and analysis. We asked for all the documents that informed the modelling and analysis undertaken. We did not ask for the minister to give us his view; we asked for the documents so that we may form our own view. We did not ask for the Treasurer to selectively quote from whatever it is that he has; we asked for the documents so that the process set up four or five years ago in this place, as outlined by the standing orders, could be adhered to.
Madam Speaker, when you look at standing order 277, matters constituting contempt are very clear. I will read what standing order 213A says, so that members understand exactly what should have occurred. Standing order 213A says:
The Assembly may order documents to be tabled in the Assembly.
In the motion passed in October, part (2) says:
In accordance with standing order 213A …
The Assembly wanted the government to table their other analysis of the impact that their taxation reforms have had to date, “In accordance with standing order 213A.” 213A says:
The Assembly may order documents to be tabled …
Which we did. We have not seen those documents tabled. Standing orders governing privilege and contempt, 276, 277 and 278, make quite clear the process that needs to be followed. 277(h), as I have said, says:
A person shall not, without reasonable excuse, disobey a lawful order of the Assembly …
Mr Barr, as Treasurer, has disobeyed a lawful order of the Assembly to table the documents. He has not tabled the documents. 277(m) says:
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