Wednesday, August 19, 2015

Labor to ask governor general to close union inquiry over Dyson Heydon row

Senate support sought for extraordinary motion calling on Peter Cosgrove to terminate inquiry after commissioner accepted an invitation to speak at a Liberal party fundraiser

Labor has given notice that it will seek Senate support for an extraordinary motion calling on the governor general, Peter Cosgrove, to terminate the royal commission into trade unions because of the dispute over the commissioner, Dyson Heydon.

The party - which remains furious about the dismissal of the Whitlam government by the then governor general, John Kerr, in 1975 - insists it is within the Senate’s power to convey the request, and it would be up to Cosgrove to consider how to handle it.

If the majority of senators agree to the motion, the Senate would send a message to Cosgrove saying that Heydon “by his conduct in accepting an invitation to speak at a function raising campaign funds for the Liberal party of Australia (New South Wales Division) has failed to uphold the standards of impartiality expected of a holder of the office of royal commissioner”.

“Accordingly we respectfully request Your Excellency to revoke the letters patent issued to the Honourable John Dyson Heydon AC QC,” the proposed motion states.

The practical effect of revoking the letters patent, in absence of any other action, would be an end to the royal commission into trade union governance and corruption.

But Labor insists its motion is focused on Heydon and does not preclude the government from taking other steps to continue an inquiry into unions. One option suggested by the human rights lawyer Julian Burnside QC is the appointment of a new commissioner who could consider evidence already given.

When's a political fundraiser not a fundraiser? When it doesn't raise much

Labor’s Senate leader, Penny Wong, gave notice on Tuesday that she intended to move the motion on the following sitting day, Wednesday, although she has kept open the option of delaying the push until after a potential hearing on Friday. Heydon has given unions until Thursday to lodge submissions on whether they were formally asking him to stand aside, which he would consider on Friday.

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