Victorian Labor: Coalition heaps pressure on ‘bugged’ MP Anthony Byrne

Labor MP Anthony Byrne under fire over the alleged bugging of his office, which brought down Victorian ALP powerbroker Adem Somyurek.

The Morrison government has used question time to heap pressure on embattled Labor MP Anthony Byrne over the alleged bugging of his office, which sparked the Victorian Labor branch-stacking scandal and brought down ALP powerbroker Adem Somyurek.

Attorney-General Christian Porter led the government’s attack in question time and said the use of surveillance in Mr Byrne’s office was of “serious concern”.

Attorney-General Christian Porter leads the attack in question time. Picture: Getty Images

“Everyone in this parliament would agree that the idea that a non-law enforcement device, if you like, appeared to have been installed in the office of any member of this parliament is a matter of some serious concern,” Mr Porter told the House.

“Whether or not that matter might require further inquiry would turn very substantially on whether the member in question had themselves authorised or otherwise had knowledge of the installation of that device.”

The Attorney-General then mocked Anthony Albanese for saying earlier in the day that he did not know Mr Byrne’s office had appeared in Nine’s 60 Minutes program on Sunday and the Opposition Leader’s admission he has not spoken to the Victorian Federal MP over the allegations.

“That seems to be a very obvious and first question ... the answer (from Mr Albanese) was, ‘Well, I haven’t because it’s very clear that I wasn’t aware of the member’s office involvement until much later on.’

“The Leader of the Opposition said, ‘I didn’t recognise the office.’ Right? So, the Leader of the Opposition must be the only keen political observer in Australia who missed both the map for the federal electoral division of Holt and missed the back of the election poster with the member’s name on it in the relevant footage.”

Leader of opposition business Tony Burke fought back against the government’s attacks and said the government should not be discussing matters now under investigation.

“Of all the portfolios, the Attorney-General is the one that ought not be doing that” he said.

“There are serious rules and references in practice to us avoiding reference where it could affect an investigation.”

IBAC conffirms investigation

Victoria’s corruption watchdog, the Independent Broad-based Anti-corruption Commission has issued a rare statement confirming it is investigation “serious allegations of corrupt conduct”, following a referral from Victorian Attorney-General Jill Hennessy earlier this week amid allegations of widespread branch stacking.

“IBAC’s Operation Fortescue will examine a range of matters concerning allegations of ‘branch stacking’, and other matters aired recently in media reports, and other related complaints made to IBAC,” the organisation confirmed.

Albanese hasn’t spoken to bugged MP

Anthony Albanese has not talked to his embattled Victorian federal MP Anthony Byrne over the alleged bugging of his office, which has led to the fall of Labor powerbroker Adem Somyurek.

Mr Byrne has refused several times to deny this week that his electorate office is the one where footage appears to show Mr Somyurek conducting alleged branch-stacking activities in Sunday’s 60 Minutes program.

On Wednesday, the Opposition Leader was asked several times if he has spoken to Mr Byrne about the alleged bugging of his office and he said he could not do so because of ongoing investigations into Mr Somyurek.

“I wasn’t aware of the involvement of Mr Byrne’s office … until sometime on Monday,” Mr Albanese told Melbourne’s 3AW radio.

“No I haven’t (talked to Mr Byrne) because IBAC is a bit like ICAC in NSW – which I’m familiar with – if there was an investigation or not, you can’t talk about.

“I don’t know (if he’s been called a witness), that’s the point.

“I don’t know that. They have declined to comment on when they knew of the recordings.”

When pressed several times on whether he will talk to Mr Byrne once he knows if he is called by IBAC as a witness in any proceedings, Mr Albanese confirmed he will.

“Well then, I can be in a position to talk to him” he said.

When asked several times if he will direct Mr Byrne to reveal any more tapes he has, the federal Labor leader repeats that the matter is under investigation.

Kairouz speaks

Meanwhile disgraced former Andrews government minister Marlene Kairouz has spoken for the first time since resigning from cabinet yesterday, vowing to clear her name.

“I’ve resigned from the ministry and I did that because I don’t want to be a distraction for the government,” Ms Kairouz said.

“You’re aware that there’s an investigation, and I don’t want to provide any commentary until that investigation’s over, but I certainly look forward to clearing my name.”

JUST IN: Former Labor Minister @MarleneKairouz breaks her silence, vowing to clear her name amid branch stacking allegations. pic.twitter.com/nhZttPU6me

— 10 News First Melbourne (@10NewsFirstMelb) June 17, 2020

‘I don’t expect a leadership spill’: Bracks

Labor’s national executive will make a judgment call on whether Victorian rank-and-file members can cast a vote if there is a spill of Mr Albanese’s position as federal leader.

Former Victorian premier Steve Bracks, the newly appointed administrator of the Victorian division of the party, said an audit of all members should be completed “reasonably quickly”, allowing the national executive to decide whether their votes would count in a ballot.

“In a federal leadership spill there’s a plebiscite of all party members,” Mr Bracks said.

Former Victorian premier Steve Bracks, the newly appointed administrator of the Victorian division of the party. Picture: AAP

“We should know fairly soon through an audit the legitimacy of the branch membership of Victoria, and that would enable the federal executive to decide whether they included in those polls in the future, I assume.

“I don’t expect there’ll be a leadership spill. I should have said that at the start. I don’t expect that.”

In a Tuesday night meeting, Labor’s national executive supported a federal takeover of the Victorian branch, with Mr Bracks and former minister Jenny Macklin appointed administrators.

The meeting was triggered after 60 Minutes uncovered allegations of industrial-scale branch stacking by former powerbroker and Andrews government minister Adem Somyurek.

Under the process, the voting rights of Victorian branch members will be suspended until 2023.

While rank-and-file votes in preselections has been cancelled, the process has also raised concerns about how Victorian members will have their say in the event of a leadership spill or at national conference.

Kevin Rudd changed the leadership rules in the party when he returned as prime minister in 2013, giving branch members a vote in contests.

The votes of rank-and-file members and caucus are weighted at 50 per cent each.

Mr Albanese’s leadership will come under fire if Labor loses the Eden-Monaro by-election but it would be highly unlikely a historic loss would trigger an immediate leadership challenge.

If he does not lead Labor to victory there will be a spill of the leadership.

Federal MPs have told The Australian the process would make it harder for Bill Shorten to return as leader, given Mr Somyurek being part of the former leader’s support base.

ALP president Wayne Swan said national executive would try to work out an arrangement to give Victorians a say in party matters while the division is in administration.

“The intention is not to deprive Victorians of a say in our national conference. It does have implications for it. We simply haven’t turned our mind to working out how we do it,” Mr Swan told The Australian.

“There are broader questions about the national conference that we also have to deal with. And we will be dealing with that at our next full executive meeting, and hopefully that will be one where we can all meet in the same room.

“It will be a determination from the national executive and the administrators will give the maximum amount of input into what happens to Victorian branch members.”

When asked specifically what would happen in a leadership spill, Mr Swan said: “I’m not buying into that nonsense”.

Mr Albanese on Tuesday morning downplayed the increased authority given to himself at Victorian Premier Daniel Andrews because the party had been put into administration.

“What Daniel Andrews has an interest in and I have an interest in, as do other members of the national executive, is maximising the absolute support for decisions which are made so that the entire party and movement moves forward in a collective way,” Mr Albanese told Melbourne radio station 3AW.

“The party’s been given a huge shock.”

Mr Bracks, who led Victoria from 1999 to 2007, said it was the biggest intervention in the state division since 1970.

“It’s necessary ... because of the branch stacking that we’ve seen and (that has) been uncovered on a significant scale and size,” Mr Bracks said.

“And it’s necessary because that has been allowed to happen and it shouldn’t have been allowed to happen.

We want to make sure that what we have is a fit for purpose branch structure which allows significant participation and people to join and be involved and have a say.”

Intervention to have no impact on union influence in ALP

Mr Andrews said his intervention would have no impact on trade union influence within the Labor Party.

“This is a problem in the rank and file part of the party, and I’m going to deal with it, we are going to clean this up,” he said.

“As far as the trade union movement from which our party comes, and there are no greater champions of working men and women in our state, in our country, than the trade union movement, I think our partnership is a completely appropriate one. That’s always been my view.”

‘Cleaning this up will take some time’

Mr Andrews sought to justify disenfranchising rank and file members of the ALP until 2023 by saying it would take time to restore integrity to the party’s membership processes.

“In my judgment cleaning this up will take some time, and you’ve got to break the business model of those who would seek to undermine the integrity of our systems, and if we just have a pause for a few months, then I can’t be guaranteed, we can’t be guaranteed that we’ll get the profound reform that we need,” he said.

“I’m about making the important decisions, and whether they’re popular or not within my party, I’m not particularly fussed.”

Asked whether members would have a chance to debate policy at ALP conferences, Mr Andrews said there would still be opportunities for “people across the party” to be involved in debate, discussion and campaigning, “but it will look slightly different”.

“We won’t be having voting unless and until, and it’s more until, because I’m confident that this plan will be effective, we can re-establish the integrity of the voting rolls,” he said.

‘Expectation’, but no guarantee, that staff have behaved appropriately

Amid allegations that Mental Health Minister Martin Foley’s part-time senior adviser Mat Hilakari has spent time on the public payroll advancing factional causes as the convenor of Mr Andrews’ Socialist Left faction, Mr Andrews said it was his “expectation” that all staff members behave appropriately at all times, “regardless of who they work for”.

“As to the part time duties that that individual performs in the minister’s office, you can speak to the Minister about that,” Mr Andrews said.

“(Mr Foley) made it clear to you yesterday and I’ll make it clear again, all staff should, and that’s my absolute expectation, they should at all times and in all things behave appropriately.”

As was the case when he was asked similar questions on Tuesday, Mr Andrews said only that it was his “expectation” that staff behave appropriately, failing to directly answer questions about whether he could give or had sought guarantees that they had.

Ombudsman to investigate branch stacking, despite Labor voting against it

An opposition motion to refer the allegations of branch stacking to the Victorian Ombudsman passed the state’s upper house on voices on Wednesday.

The government refused the opposition leave to debate a similar motion in the lower house on Tuesday.

They were not able to pursue similar tactics in the upper house, where they only have 17 of 40 seats.

The government’s reluctance to have the matter referred to the Ombudsman despite having referred it to corruption watchdog IBAC and Victoria Police is particularly controversial in light of the Redshirts scandal.

A fraud squad investigation was launched in July 2018, after Victorian Ombudsman Deborah Glass found 21 Labor MPs, including six ministers, had misused taxpayer dollars to partially fund “red shirt” campaign staff during the 2014 election.

Police eventually decided not to lay any charges against anyone over the matter, despite Labor paying back $388,000 of taxpayer funds as a result of The Ombudsman’s findings.

Asked why Labor had refused the opposition leave to debate the motion referring the branch stacking allegations to the Ombudsman, Mr Andrews said it was “standard practice in terms of motions that are put forward by non-government parties”.

“The Ombudsman can look at whatever the Ombudsman chooses to look at,” he said.

This is not correct. The Ombudsman requires a referral from at least one house of parliament or IBAC to investigate MPs.

Quizzed again on why Labor would not simply refer the matter to the Ombudsman themselves, Mr Andrews offered his habitual obfuscatory line: “Well I think I’ve made that very clear and I’ve answered your question,” he said.

‘These reforms will allow true believers to have their voice heard’: Andrews

Asked what he made of ALP members describing his intervention as a “hostile factional takeover” by an electorally unsuccessful federal branch, Mr Andrews said he did not dispute the Victorian branch’s solvency and electoral success, but would “dispute the contention” that the “important involvement of the national executive” was a factional takeover.

“In my estimation, and in my experience, what true believers want is their voice to be heard, their vote to count properly and equally, and they want a Labor Party that at that membership level has got the integrity that is so, so important, and this is what these reforms will actually deliver,” Mr Andrews said.

“And I just want to be clear: the national executive have made a decision unanimously to support a restructure and special arrangements for the Victorian branch.

“It is for us to deal with these issues, and we will. It is simply unacceptable to me to have another review that gathers dust on the shelf and doesn't deal with these issues.

“These are big steps, they’re unprecedented steps, but that's what's needed, and I've been quick to make sure that we get to this place, and Steve and Jenny will be equally quick in working to deliver a plan, a detailed plan, so that we can be confident about the integrity of our voting rolls and we can have preselections and other internal forums back as soon as we can be confident of that.”