Smith vow to cross floor may force early poll

VICTORIA is facing a consti­tutional crisis over independ­ent Geoff Shaw after former Liberal Ken Smith said he would vote Labor.

VICTORIA is facing a consti­tutional crisis over rebel independ­ent Geoff Shaw after former Liberal Speaker Ken Smith declared he would vote with Labor to find the MP in contempt of the parliament for rorting allowances.

Mr Smith rocked the government yesterday when he promised to cross the floor to have Mr Shaw expelled from the knife-edge parliament, possibly forcing a by-election.

As Victorian Premier Denis Napthine conceded the parliament — and therefore his government — was in “uncharted waters’’, Mr Smith unloaded on Mr Shaw over the wrongful use of his parliamentary car and petrol card for commercial gain.

The Coalition-domin­ated privi­leges committee cleared Mr Shaw this week of contempt but ordered him to repay $6800 in ­vehicle-related expenses.

Labor committee members found Mr Shaw was in contempt and filed a minority report, which has been backed in full by Mr Smith.

Asked if he would cross the floor, Mr Smith told The Weekend Australian: “Yes.’’

He said that, because he would be voting on a committee report in the parliament and not legislation, he could wear the consequences of voting with Labor.

“I can justify it in my own mind,’’ he said.

Mr Shaw, who has endured police, ombudsman and parliamentary inquiries into his misuse of his car and petrol card for his hardware store, is a bitter enemy of Mr Smith. The pair fell out over parliamentary security and the privileges committee investigation. Mr Shaw, who holds the ace card of being an independent Liberal in a minority parliament, forced Mr Smith out of the speakership at the start of the year.

The parliament’s lower house is made up of 43 Labor MPs, 44 Coalition and Mr Shaw.

If incumbent Speaker Christine Fyffe moves a motion that the parliament accept the privileges committee’s report into Mr Shaw, Labor is expected to try to amend that motion to find Mr Shaw in contempt.

Labor’s exact tactics are unclear, although deputy leader James Merlino said yesterday that any amendment could ­include a recommendation that Mr Shaw be expelled from the parliament.

“All options are on the table, including the expulsion of Geoff Shaw from parliament, the suspension of Geoff Shaw or a heavy fine,’’ Mr Merlino said.

If Mr Shaw were expelled, it would probably trigger a by-election less than six months out from the November election.

It would be a poll that Labor would be well placed to win, creat­ing a deadlocked 44-seats-all parliament, which would probably be unworkable.

Both sides of politics have prepared for the possibility of an early poll brought about by a constitutional crisis.

The current fixed four-year term date for the election is Nov­ember 29.

Under Victoria’s constitution, an early poll would be possible but problematic because the constitution was changed by the Bracks Labor government to make it difficult to hold a snap election.

As part of a complicated set of measures, the Legislative Assembly must pass a motion of no confidence in the premier and the other ministers.

Eight days must then pass and if a motion of confidence is not then passed in the premier and the government, the assembly can be dissolved.

Dr Napthine said yesterday that the committee report into Mr Shaw would be voted on in the parliament.

“We will put the matter before the floor of the house.

“Ken Smith doesn’t even know what may be on the floor of the house,’’ Dr Napthine said.

Mr Shaw did not comment on Mr Smith’s intervention.

Mr Shaw has pledged, however, to have up to five leaks from the privileges committee examined by police.

This is because all members of the committee have signed statutory declarations denying that they leaked.

It would be a criminal offence to lie in a statutory declaration.