Conflicting legal advice haunts besieged Labor MP Peter Russo

A state Labor MP has been told he must declare conflicts of interest concerning his law firm, as legal advice differs on whether he has breached the rules of Parliament.

SENIOR Labor MP Peter Russo has been warned he must declare a conflict of interest on matters concerning Legal Aid in his role as chair of State Parliament’s legal affairs committee.

The warning was detailed in advice from the Clerk of Parliament obtained by Mr Russo yesterday after The Courier-Mail revealed the law firm he owns was a major provider to Legal Aid.

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Clerk Neil Laurie wrote that while Mr Russo did not have to list Legal Aid on his register of members’ interests, Parliament’s rules required him to declare a conflict whenever matters concerning the state-funded statutory authority came before his powerful committee.

Member for Toohey Peter Russo

It was unclear yesterday whether Mr Russo, who will host a Legal Aid function at State Parliament today, has made any such declarations since being handed his plum committee chair post in February last year.

Mr Laurie also advised Mr Russo to seek legal advice as to whether his firm’s role with Legal Aid conflicted with laws prohibiting MPs from doing business with the state.

Mr Russo released legal advice that found he was not in contravention of the Parliament of Queensland Act because his firm’s legal work was for a “client”, not Legal Aid, and the body was “not an entity of the state”.

“The provision of legal assistance by your firm to legally aided persons does not involve transacting business with the state,” the advice said.

However a separate legal opinion obtained by the state Opposition several weeks ago strongly contradicted Mr Russo’s advice.

It said Legal Aid was “clearly an entity of the state” and as the principal of his firm Mr Russo would have played a key role applying for and obtaining preferred supplier status.

“Without explanation, prima facie, Mr Russo’s engagement with Legal Aid Queensland would constitute a breach … of the Act,” the opinion said.

Opposition leader Deb Frecklington

In Parliament, Opposition Leader Deb Frecklington quizzed Premier Annastacia Palaszczuk about whether it was appropriate for Mr Russo to not declare Legal Aid while having a senior role that allows him to scrutinise its activities.

Ms Palaszczuk defended Mr Russo, saying he no longer undertook Legal Aid work personally and was not in charge of its budget.

Premier Annastacia Palaszczuk