The New South Wales parliament has an issue with males behaving badly. However extra to the purpose, it appears to have an incapability to cope with it.
On Tuesday, the parliament will attempt to cope with two very totally different instances that share a typical consequence: injury to its popularity as an establishment.
Gareth Ward
Regardless of being a convicted rapist in custody awaiting sentence, Gareth Ward, the MP for Kiama, stays a member of the Legislative Meeting, drawing a base wage of greater than $170,000 courtesy of NSW taxpayers.
Labor plans to maneuver a movement to have him expelled when parliament resumes on Tuesday and the opposition has mentioned it should help it.
Expelling Ward will virtually definitely result in extra litigation, particularly as the federal government will in all probability attempt to name a byelection in his south coast seat quickly after.
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However first to backtrack somewhat.
Most politicians being investigated or dealing with legal costs select to resign, or their events put the strain on the MP to attract a line below their faltering political profession.
However Ward has toughed it out and continues to say his innocence, regardless of being convicted for critical intercourse offences in opposition to two younger males. He was suspended and left the Liberal occasion in 2022 after being charged with intercourse offences. He then ran as an unbiased within the 2023 state election and was returned by the voters of Kiama.
Now that he has been convicted, he faces a possible sentence of greater than 5 years.
Underneath part 13A of the NSW structure, an individual is ineligible to be an MP if they’re convicted of an offence punishable by 5 years or extra.
But it surely’s solely counted as a conviction as soon as the particular person has reached the top of the appeals course of and has not had their conviction overturned, constitutional professional Prof Anne Twomey says – and Ward has confirmed he plans to attraction in opposition to the decision. The appeals course of might take years.
The opposite route is expulsion. The NSW structure doesn’t give a selected energy to expel a member, however Twomey says there may be an inherent energy for the NSW parliament to expel an MP to guard itself and its correct functioning.
This seems to be the place the premier, Chris Minns, is headed – however it’s comparatively untested territory.
The courts have dominated that expulsion should not be as punishment, however it may be accomplished to guard public confidence within the integrity of the parliament.
If Ward is expelled, a byelection would should be held to switch him, which solely provides to the issues. Would Ward search an injunction to forestall the byelection whereas he appeals the expulsion and the legal conviction?
Understandably, there are few instances to information the best way – the final time an MP was expelled from the NSW decrease home was in 1917.
However what is definite is that until Ward resigns voluntarily, litigation seems inevitable. The primary cease would be the supreme courtroom, adopted by a doable excessive courtroom attraction.
For many who desire a deeper dive, Twomey’s podcast, Constititional Clarion, explores all of the twists and turns that would emerge over coming weeks.
Mark Latham
The controversial unbiased higher home member Mark Latham can also be below the microscope however for solely totally different causes.
The previous One Nation MP is below scrutiny over his use of privilege inside the chamber and his common normal of behaviour, which Labor has been calling out of late.
Has the Minns authorities instantly discovered a brand new ethical rectitude? Or is the premier motivated by extra base political concerns? Latham has been working with the opposition and crossbench to dam modifications to staff compensation laws that the federal government dearly desires handed.
In parliament, Minns has referred to as him “one of the most shameful bigots in NSW” who has an “odious Twitter account”, which he deployed for a “disgusting homophobic attack” on unbiased MP Alex Greenwich.
Extra lately prurient allegations about Latham’s private life have spilled into the general public area resulting from a relationship breakdown, which have added gas to the hearth of shock.
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These are the topic of a case in search of a home violence order that he’s vehemently contesting. As the connection degenerated, allegations from courtroom filings together with leaked texts about feminine MPs and different unsavoury exchanges have discovered their method into the general public area.
Latham’s behaviour raises questions of respect for the parliament and feminine MPs, and whether or not the behaviour is suitable in any office.
Latham allegedly covertly photographed feminine workmates and shared the pictures with derogatory commentary. If true, in every other office, that may as a minimum immediate counselling, a warning or presumably dismissal.
Then there may be Latham’s use of parliamentary privilege. Privilege exists to permit politicians to talk freely with out concern of defamation, however Latham arguably pushes its limits.
He’s a blunt, borderline-rude interrogator of witnesses earlier than committees.
Within the chamber he has used privilege to assault his enemies, similar to Greenwich, who gained a $140,000 defamation settlement in opposition to Latham in 2024, and home violence campaigner Rosie Batty.
Final month Latham outraged colleagues by speaking about Greenwich’s medical information, which had been produced as a part of a separate case Greenwich has introduced in opposition to Latham within the NSW civil and administrative tribunal.
However can the higher home truly mete out a punishment or persuade Latham to change his behaviour? The reply might be no.
Labor plans to maneuver two motions within the subsequent sitting interval, which begins on Tuesday: one regarding a selected breach of privilege and one other extra common censure.
Labor will allege that Latham breached privilege in relation to sure paperwork in regards to the former police commissioner Karen Webb and investigations into items of gin that had been produced on the idea that solely parliamentarians might view them.
Labor desires Latham referred to the privileges committee for breaching the order, one thing he disputes.
The allegations of exposing medical information, taking covert photographs and maybe different actions are more likely to be wrapped up right into a censure movement condemning his behaviour.
However as for significant outcomes, don’t maintain your breath.
The privileges committee might suggest an apology or maybe a suspension, however that’s uncommon.
Labor misplaced management of this highly effective committee a month in the past after a dispute with the crossbench and the opposition. They mixed to chop a Labor member so management of the now seven-member committee is out of Labor’s fingers.
And what of a censure? It’s more likely to be little greater than a slap on the wrist for Latham, whereas he enjoys the notoriety and a spotlight that this newest saga will deliver.
The issue for the NSW parliament is that its guidelines to set and implement applicable requirements of behaviour are hopelessly outdated, its processes are archaic and it has didn’t implement lots of the suggestions from a report by Liz Broderick accomplished two years in the past.
The federal parliament has moved to ascertain a requirements fee with actual tooth to fantastic and even droop parliamentarians for poor behaviour outdoors the chamber. It’s nonetheless to be examined however it’s a begin.
As an alternative, in NSW, we’ll spend weeks on the instant crises that may additional decrease the parliament’s standing within the public eye, with out coping with the actual drawback of cultural change that’s sorely wanted.
