As the proposed nomination of Nationals MP Ben Franklin for upper house president triggered threats from his own party executive,the Greens entered the fray on Friday claiming the threat itself could be considered “corrupt conduct”.
Former minister and Nationals MP Ben Franklin is considering his options after a party room meeting on Thursday.Edwina Pickles
Revelations Franklin was tapped for the role by close friend Premier Chris Minns sparked panic within the Nationals because the move would give Labor an effective progressive majority in the evenly balanced upper house.
NSW Nationals chair Andrew Fraser later suggesting it was partial conduct.
However,Sydney silk Geoffrey Watson,SC,said the situation was not a matter for ICAC and that using the agency as a means to resolve political disputes was “absurd.”
“Making a baseless threat to refer somebody to ICAC is itself serious misuse of the process. It’s absolute rubbish,” he said.
Former NSW Supreme Court judge Anthony Whealy,KC,also said he could not understand how Franklin accepting a nomination for the role could be considered corrupt.
“It’s absolutely atrocious to have ICAC mentioned in this context. Worse than weaponising,it’s completely misunderstanding the role of ICAC. To think they would waste their time on this,” he said.
It follows a fierce warning from ICAC Chief Commissioner John Hatzistergos to all MPs ahead of the election,cautioning them against invoking the name of the integrity agency in political warfare.
In a letter,dated November 7,Hatzistergos described individuals who have “weaponised the commission by levelling public allegations of corruption against their political opponents.”
“Even in circumstances where there is a reasonable basis for such allegations,making them
in public is often intended to inflict political damage,” he wrote,insisting genuine suspicion of corrupt conduct should be reported to the commission.
The proposed upper house nomination has exposed frictions inside the Nationals days before parliament resumes on Tuesday,with MPs outraged Franklin would consider the role so soon after he secured another eight years in parliament by running on the party’s upper house ticket.
Senior Nationals insisted no party member should be put up for the role,but they had also spoken to the crossbench about suggesting another of their MPs,Wes Fang,on Wednesday.
A party room meeting on Thursday voted unanimously not to nominate anyone for upper house president,and Franklin would be defying a motion and could be forced from the party. The job attracts a ministerial salary,driver,private dining room and three staff.
Deputy Nationals leader and upper house MP Bronnie Taylor rejected any assertion of a “parliamentary brawl,” insisting there were serious concerns about the process,in particular the time at which Minns approached Franklin.
“Chris Minns needs to come clean about when he spoke to Franklin about this – was it before or after the election?” she said. “If they think there is no corrupt conduct,that’s a matter for the ICAC to judge.”
Franklin has not responded to requests for comment.
Upper house Greens MP Abigail Boyd said the Nationals would be misusing the corruption watchdog by referring Franklin in a “frivolous claim”,but suggested the threat itself could be considered corrupt conduct.
“It is corrupt conduct itself to blackmail someone to not exercise their democratic right,” she said.
Greens MP Abigail Boyd.Brook Mitchell
Minns,who went to university with Franklin and chose him as godfather to one of his sons,did not shy away from the tactic behind his support for the Nationals MP.
“We’ve got an ambitious legislative agenda,but we acknowledge that we don’t have the numbers ... that means I have to work hard to see our program progress through parliament.”
Minns said threats of an ICAC referral were “a farce from the very beginning”.
The Morning Edition newsletter is our guide to the day’s most important and interesting stories,analysis and insights..