Transport Minister Mark Bailey’s office ‘didn’t direct’ public servant in cost blowout saga, investigation finds

Queenslanders will be left in the dark about why Mark Bailey’s office covered up a $2.4 billion blowout, with a narrow investigation only finding it didn’t ‘direct’ a public servant to do so.

Transport Minister Mark Bailey and his office were found to have not directed a public servant to remove cost blowout details from a press release. Picture Lachie Millard

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Queenslanders will be left in the dark about why Transport Minister Mark Bailey’s office covered up a $2.4bn cost blowout, with a narrow investigation only finding his office did not “direct” a public servant to do so.

The Department of Premier and Cabinet late on Monday revealed an investigation by John McKenna KC found a staffer in Mr Bailey’s office had not “directed any public service employee” to remove a reference to the $9.5bn cost of the state’s train manufacturing program, $2.4bn higher than forecast.

Transport Minister Mark Bailey inspect works underway deep inside the Cross River Rail tunnels. Picture Lachie Millard

The staffer sent an email to the Department of Transport and Main Roads’ communications unit offering a “couple of things to consider”, one of which included the removal of the $9.5bn figure.

Under the code of conduct for ministerial staff, employees are banned from “directing” or “attempting to direct” a public servant.

Mr McKenna, who cited previous cases and a technical analysis of the meanings of “direct” and “attempt to direct”, said it was his opinion the staffer was only offering advice.

“In my view, a reasonable recipient of the email would understand the email to be merely requesting that changes to the communication plan be considered – rather than issuing a direction as to actions which were required,” he wrote.

Queensland Premier Annastacia Palaszczuk has previously apologised for the figure being removed from the press release. Picture: NCA NewsWire/Tertius Pickard

“It could not reasonably be said that the sender, by way of the content of the email, ‘directed’ any public service employee, or ‘attempted to direct’ any public service employee, in breach of the ministerial code of conduct.”

The investigation did not detail the reason behind the deletion or whether Mr Bailey or his office had attempted to cover up the cost blowout, as the opposition has claimed.

Premier Annastacia Palaszczuk, who approved the cost increase at a Cabinet Budget Review Committee meeting on May 16, has previously apologised for the figure being removed from a June 30 media release, claiming an announcement would have been made.

Deputy Opposition Leader Jarrod Bleijie said the investigation had failed to probe why the figure was removed.

“Nothing will change the fact that this was a calculated and deliberate deception on the people of Queensland and Mark Bailey is using staff as a scapegoat,” he said.

It was revealed in estimates Mr Bailey’s office “suggested” the Department of Transport and Main Roads delete the true $9.5bn cost of the Maryborough trains project days after the final contract was signed – at odds with the minister’s previous comments.

Acting director-general Sally Stannard revealed an email was sent on July 3 from Mr Bailey’s office which used the word “delete” in reference to the figure – $2.4bn more than the original cost touted by the government.