Steven Marshall dismisses water Royal Commission’s criticism of David Speirs as ‘ludicrous’ amid rising tensions over River Murray

Premier Steven Marshall has dismissed a Royal Commission’s criticism of his water minister as “ludicrous” but refused to repeat his comments without parliamentary protection during a day of heated debate.

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Premier Steven Marshall has branded the River Murray Royal Commission’s criticism of his water minister for a “capitulation” to upstream states as “ludicrous”, as his Government mounts a forceful defence of its management of the critical waterway.

In a heated debate on the first day of State Parliament’s sitting for the year, six Labor MPs were thrown out for unruly behaviour as Mr Marshall sought backing for a “bipartisan” front on the River and increased co-operation between as Murray Darling Basin states.

The Royal Commission report, released last month, criticised SA Environment and Water Minister David Speirs for an apparent “capitulation” to other Basin states at a meeting in December, where he agreed to change conditions under which extra water can be released to the system.

SA Premier Steven Marshall is during Question Time. Picture: AAP / David Mariuz

Reading from a prepared speech, Mr Marshall said his Government was intent on securing 450 billion litres of water to the River that his predecessor promised but failed to deliver.

Mr Marshall saved some of his strongest language for Commissioner Bret Walker’s claim that Mr Speirs likely broke the ministerial code of conduct by acting against SA’s interests.

“With due respect to the Royal Commission, that is ludicrous and nonsensical comment,” Mr Marshall told Parliament.

“Much of the report is critical commentary of how the Murray-Darling Basin Plan was developed and negotiated, leading to the conclusion that the current plan was unlawfully negotiated and that at least parts of it remain unlawful.

“And we all remember who negotiated it. It has not personally criticised any of the ministers involved in the negotiation of the entire plan, despite being so critical of the outcome.

“Where is the consistency? Where is the fairness in that?”

Deputry Premier Vickie Chapman, Water Minister David Speirs and Premier Steven Marshall speak to the media after the Murray-Darling Basin Royal Commission report was released. Picture: AAP / Sam Wundke

The historic 2012 Basin deal was struck under former premier Jay Weatherill.

Mr Speirs also strongly rejected the Commission’s criticism of him.

“The Royal Commissioner may have a view, but that is one view.

“His title does not elevate him to an untouchable deity. His report and its recommendations should and will be taken seriously by this government. They will be analysed and a Government response provided to the people of SA in due course.

“The Royal Commission should also be subject to critique and challenge.”

Mr Speirs said his negotiations with upstream states meant that: “For the first time we have a clear pathway to the extra 450 gigalitres of water that we know is so critical to our river.

“It builds pragmatic working relationships across the political and geographical spectrum of Australia,” he said. “It ends the games, and it will deliver real water across the border.

“It was a fair deal, a sensible deal and it was the right deal.”

Federal law prohibits the insulting of a Royal Commission, with penalties of up to three month’s jail or a $220 fine.

The River Murray. Picture: Kirk Owers

However, there is legal debate about whether it can be enforced, given that implied rights of free speech and political communication could render that law itself illegal.

Mr Marshall would not repeat his “ludicrous” comments at a press conference later.

Opposition Leader Peter Malinauskas said it was “almost certainly unprecedented” for a premier of SA to use parliamentary privilege to “attack a royal commissioner”.

“That’s exactly what Premier Marshall appears to have done, all in an attempt to defend his embattled minister,” Mr Malinauskas said.

“This is not the sort of behaviour becoming of a premier, or consistent with a government that is committed to transparency.

Mr Malinauskas said Mr Marshall had gone “weak at the knees” by refusing to repeat the comment outside the chamber, where parliamentary privilege would not apply.

“Defaming a Royal Commission, or calling into question its integrity, can be a crime,” Mr Malinauskas said.

“That’s exactly what the premier of this state appears to have done.”

Asked if Labor may refer the conduct of either Mr Marshall or Mr Speirs’ to police, Mr Malinauskas said: “The Opposition will always do its job in making sure the Government is held to account and that the Government abides by the law”.

He would not say if Labor planned a no-confidence motion against Mr Speirs this week.

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