ALP issue threat to throw out NSW Liberal MP Daryl Maguire

Labor has threatened to deploy rare parliamentary powers to expel Liberal MP Daryl Maguire from the NSW parliament.

NSW Liberal MP Daryl Maguire.

Labor has threatened to deploy rare parliamentary powers — not successfully used in a century — to expel disgraced Liberal MP Daryl Maguire from the NSW parliament as the scandal continues to engulf the Berejik­lian ­government.

Nationals leader and Acting Premier John Barilaro has also flagged that the Nationals are keen to seize Mr Maguire’s seat of Wagga Wagga from the Liberal Party if Mr Maguire’s resignation triggers a by-election.

He said, however, that he hoped it wouldn’t come to that, and called for Mr Maguire to do the right thing by his electorate.

“They are making it absolutely clear he should resign. Therefore Daryl, resign,” he said yesterday.

“Daryl Maguire is unfit to sit, and if he won’t go, unfortunately, we’ll have to take steps to remove him.”

Acting Labor leader Michael Daley said the NSW Premier’s weak leadership and the dogged refusal of Mr Maguire to leave parliament after explosive revel­ations at an anti-corruption hearing last week had forced the party’s hand.

Under NSW Parliamentary Standing Orders 254, a member of parliament found guilty of “unworthy conduct” can be forced from office on a vote from the floor of the Legislative Assembly.

The standing order has succeeded only three times in the Legislative Assembly, the last time in 1917.

Mr Daley said NSW Premier Gladys Berejiklian, who is on holi­days, had failed to manage the crisis after revelations in the NSW Independent Commission Against Corruption on Friday that Mr Maguire had been using his parliamentary position to tout for kickbacks from “mega-rich” Chinese developers.

Mr Maguire boasted to a Sydney councillor on secretly recorded telephone calls played before the ICAC that he had a number of “mega-rich, mega-big” Chinese developers keen to do property deals — but he wanted a cut.

Mr Daley said a motion would be put to parliament when it returns after winter recess on Aug­ust 7. Labor would need majority support for the motion to expel Mr Maguire, but if successful it would trigger an immediate by-election of Mr Maguire’s seat of Wagga Wagga in the state’s southwest.

“Expelling Maguire is a very serious thing to do; NSW Labor has been thinking about it all week and wishing it would not come to that. We would rather he go by his own decision,” he said.

After Friday’s ICAC hearing, Mr Maguire immediately apologised for the “hurt and embarrassment” he had caused and resigned from the Liberal Party and his position as parliamentary secretary for counter-terrorism.

But he has refused to resign as the MP for Wagga Wagga, flagging he plans to move to the crossbench as an independent until the March election, where he won’t seek re-election.

As the pressure for him to go continued this week, Mr Maguire posted a video message on his Facebook page on Monday, adamant he wasn’t going to quit parliament until next year’s election because he wanted to spare taxpayers a costly by-election.

“I won’t resign. I’m not going to resign,” he said.

Several senior Liberal Party sources told The Australian last night the Maguire scandal was fast becoming a serious threat to Ms Berejiklian’s authority.

One senior source said the Premier’s failure to call for Mr Maguire’s immediate resignation last week and the spectre of the Nationals now moving to run for the safe Liberal seat were “dangerous signals”.