Monday 30 March 2015

Queensland Premier maintains government is stable after MP Billy Gordon's resignation from ALP

Extract from ABC News

Updated about an hour ago
Queensland Premier Annastacia Palaszczuk has insisted her government is stable and hopes disgraced former Labor MP Billy Gordon will decide by tomorrow whether he will resign from Parliament.
Mr Gordon today quit the Labor Party after the Premier announced on Sunday she would expel him.
Ms Palaszczuk's move came after Mr Gordon revealed an extensive criminal history and allegations emerged that he had bashed his ex-partner.
Labor now controls just 44 seats with the support of independent Peter Wellington and would need Mr Gordon's vote, if he remains, or one of two Katter's Party MPs to pass laws.
"If he continues to remain in Parliament, his presence will be a distraction.
Independent MP Peter Wellington"
Mr Gordon has not yet revealed whether he will quit Parliament, which would spark a by-election in his far north Queensland seat of Cook.
"Over the next 24 hours we should let Mr Gordon make his decision," Ms Palaszczuk told 612 ABC Brisbane.
"He's undergoing an operation today, and as you can appreciate he is quite distressed at the moment.
"I believe we should let Mr Gordon make that decision.
"I conveyed to the state secretary that he should be expelled from the party.
"Today he has taken that first step and Billy Gordon has resigned from the Labor Party."
The Labor government is in Townsville for community cabinet, and Ms Palaszczuk said the government was running smoothly.
"Yes it is (stable)," she said.
"We are actually governing this state and we will continue to govern this state."
Mr Wellington is not withdrawing his support of Labor, and the Katter's Party has said it is not interested in tearing down governments.
Cook has traditionally been a Labor seat, but if it loses it to the LNP in a possible by-election both parties would then have 43 seats.
Opposition Leader Lawrence Springborg said if Mr Gordon were to stay in Parliament, the LNP would not accept his vote, and neither should Ms Palaszczuk.
"If the Government truly believes in integrity and is truly outraged, it should do the same thing," Mr Springborg told 612 ABC Brisbane.
Mr Springborg said Queensland did not have a functioning government.
"The Government is basically focused on itself and trying to sort this out; I don't think much has been done about around the issue of running the government effectively," Mr Springborg said.
"This is a whole failure of process in the Labor party and how they select their candidates."

Gordon cannot be forced to resign

Mr Gordon issued a statement last night saying that any attempt to remove him from Parliament and force him to resign was a denial of natural justice.
He said he has a serious eye operation today, and needs further time to consider his options and seek legal advice and counsel from his family and supporters.

Griffith University politics lecturer Dr Paul Williams said the Government could face the moral question of accepting a vote from someone it has expelled from the party.
"There's a real moral and ethical question – not a legal and constitutional one – and I think that the Labor Party would score more political kudos in the community if it didn't accept that vote and I think Annastacia Palaszczuk has already picked up on that," he said.
"So I think she's quite prepared for that to happen and I think that can only win plaudits from the community.
"Mr Gordon obviously has very strong views about representing the Indigenous community as well as the people of Cook.
"I think he makes a fair point about natural justice. If he's being asked to resign on ethical and moral reasons he might say well show me a legal and constitutional one and I might think about it."
University of Queensland Professor of Law Graeme Orr said Mr Gordon cannot be forced to resign as an MP, and any inducement or intimidation to do so could be in contempt of Parliament.
Mr Gordon was entitled to not declare his previous offences under the rehabilitation of offenders principles.

Gordon's charges and convictions:

  • Breaking and entering and stealing in 1987 in Innisfail
  • Breaking and entering with intent, attempted breaking and entering and stealing in 1990 in Atherton
  • Breach of probation in 1992 in Atherton
  • Public nuisance in 1996 in Normanton and breach of bail conditions in 1999
  • Driver's licence suspended for unlicensed driving in 2004 and 2008
  • Served with an Apprehended Violence Order in 2008 after a complaint by his mother
The only way Mr Gordon would have to resign would be if he was convicted, for example, of an alleged domestic violence matter and he was sentenced to one year imprisonment and an appeal on the matter was unsuccessful.
"No-one is disqualified for having previous convictions," Mr Orr said.
"We had a president of the Senate back in the 40s and 50s who had been in Boggo Road Gaol on several occasions."
Independent MP and Speaker Peter Wellington said while Mr Gordon could stay on as an independent, he should resign.
"If he continues to remain in Parliament, his presence will be a distraction, I believe, no matter what is being debated in Parliament," Mr Wellington said.
Mr Wellington said Mr Gordon's revelations do not change his support for the Labor Government.
"My support hasn't changed. It remains that the Government has my support if a vote of no confidence is moved."
"I believe she (Ms Palaszczuk) has done the right thing, and it's now up to the Member for Cook to consider his position."

Queensland Parliament does not sit again until May 5.

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