Union commissioner Dyson Heydon ‘should stand down’ over Libs fundraiser

The unions commissioner has released emails relating to a Liberal Party dinner, as the Opposition fails to unseat him.

Dyson Heydon at the Royal Commission into Trade Union Governance and Corruption.

Royal Commissioner Dyson Heydon has partially released his correspondence with the NSW Liberal Party, as Labor’s Tony Burke threw the former High Court judge’s own words back at him during a fierce parliamentary debate.

Opposition MPs this afternoon failed to suspend standing orders to censure Mr Heydon following revelations today that he agreed — and then withdrew — from an $80-a-head Liberal Party event in Sydney later this month.

Mr Heydon today released an email exchange between his personal assistant, Barbara Price, and the organiser of the event, Gregory Burton SC.

Dyson Heydon statement

At 11.12am on Wednesday, Mr Burton indicated the dinner was “not a fundraiser” although it was “nominally under the auspices” of the Liberal Party, and the fee charged was purely to cover costs.

Despite Attorney-General George Brandis describing the function as a “public lecture”, Mr Burton’s email indicates it is “not open to the media”.

Ms Price’s reply at 9.23am this morning reads in part: “If there is any possibility that the event could be described as a Liberal Party event he will be unable to give the address, at least while he is in the position of Royal Commissioner.”

Mr Burton’s email suggests the dinner had been arranged several months ago, when it was believed the Royal Commission’s hearings would have concluded by now.

Labor and the Greens are calling on Mr Heydon to disqualify himself from sitting on the trade union royal commission, with Mr Burke quoting from a 2011 High Court judgment in which Mr Heydon articulated his view on apprehended bias.

“It is fundamental to the administration of justice that the judge be neutral. It is for this reason that the appearance of departure from neutrality is a ground of disqualification,” Mr Burke quoted from the judgment.

“It is the perception of the hypothetical observer that provides the yardstick.”

The motion to suspend standing orders was comfortably defeated along party lines.

Mr Burton is a well-known barrister who has previously sought Liberal Party preselection for the seat of Bradfield, on Sydney’s north shore.

He has been mooted as a possible replacement for Bronwyn Bishop, should she resign.

NSW Liberal state director Tony Nutt said: “The suggestion that this memorial lecture was a significant fundraising event is ridiculous.”

Abbott faces parliamentary attacks over Heydon

Tony Abbott has vowed in parliament to defend the integrity of trade union royal commissioner Dyson Heydon amid revelations he agreed to address a NSW Liberal Party fundraiser.

The Prime Minister, asked about the propriety of the commissioner during question time, said Mr Heydon’s behaviour had been “absolutely beyond reproach”.

“This government will certainly defend the integrity of the royal commissioner,” Mr Abbott told parliament.

“This royal commission is necessary because of the rorts, rackets and rip-offs which have been exposed inside the union movement.

“If members opposite were more interested in looking after workers and less interested in looking after themselves, they would support this royal commission.”

INVITATION: Liberal Party fundraiser

Possible breach of judicial guidelines

It has been suggested Commissioner Heydon has breached judicial guidelines.

According to the guide to judicial conduct published for the council of chief justices of Australasia “it is expected that, on appointment, a judge will sever all ties with political parties. An appearance of continuing ties, such as might occur by attendance at political gatherings, political fund raising events or through contributions to a political party, should be avoided.”

Liberals back Heydon over fundraiser

The Abbott government is backing royal commissioner Dyson Heydon to remain at the head of his inquiry into trade union corruption amid revelations he agreed to address a NSW Liberal Party fundraiser.

Mr Heydon, a former High Court judge, has withdrawn his commitment to deliver the annual Sir Garfield Barwick Address in Sydney on August 26.

The $80-a-head event is an annual fundraiser for the Liberal Party’s state campaigns. Previous speakers have included Liberal attorneys-general George Brandis, Bob Ellicott and Tom Hughes.

Labor says the royal commission should be “dead and buried” by the revelation which should force Mr Heydon to disqualify himself on grounds of apprehended bias.

Commissioner Heydon has resumed his seat at the hearings in Sydney following the lunch adjournment with no mention of the furore that erupted this morning.

Attorney-General George Brandis has rejected allegations of political bias as “disgraceful” and “absurd”.

“My understanding is that Mr Heydon has decided not to speak at the event and I frankly think that should be the end of it,” Senator Brandis told Sky News.

“There is no more eminent lawyer in this country than Dyson Heydon … He is a person of complete and punctilious personal integrity.”

Senator Brandis said he learned of Mr Heydon’s commitment to address the fundraiser this morning and suspected the commissioner was unaware the event was a party fundraiser.

Dave Oliver, secretary of the Australian Council of Trade Unions, demanded the royal commission be shut down.

“No amount of clever words will change the fact that this is a Liberal party fundraiser and clearly the decision to attend this fundraiser appears to be biased, partisan and flawed — just like the royal commission,” Mr Oliver said.

“It is time for Tony Abbott to shut down this Royal Commission and stop wasting the taxpayers’ dollars.”

The Australian Workers Union has voiced “no confidence” in the commission, but will continue to comply with its orders out of respect for the law.

“Justice Heydon should be unbiased and impartial. But this scheduled appearance at a Liberal Party fundraiser gives the game away completely,” AWU national secretary Scott McDine said.

“Dyson Heydon appears to be a great value two-for-one deal for the Liberal Party. They can use his Royal Commission to shake funds out of trade unions on one hand, and then use his appearances to drum funds into Liberal Party coffers on the other.”

The Transport Workers Union demanded the Abbott government reimburse over $1 million that the union had spent on legal representation and complying with the commission’s requests.

“We demand that the money we have been forced to spend on the Royal Commission should be returned to our union so it can be used to improve the lives of transport workers and their families,” TWU national secretary Tony Sheldon said.

“$61 million has been spent on a Royal Commission which has now been exposed for what it really is — a political witch hunt.”

Dave Noonan, the CFMEU national construction secretary, said: “No fair minded person can have any faith in the fairness of the proceedings of the commission given the links between the commissioner and the Liberal Party.

“The conflict of interest cannot be any clearer. Accepting an invitation to speak at a Liberal Party fundraiser is about as partisan as you can get.”

Royal Commission “dead and buried”

The royal commission into trade union corruption should be “dead and buried” amid revelations commissioner Dyson Heydon agreed to address a NSW Liberal Party fundraiser, Labor says.

Mr Heydon, a former High Court judge, has withdrawn his commitment to deliver the annual Sir Garfield Barwick Address in Sydney on August 26.

The $80-a-head event is an annual fundraiser for the Liberal Party’s state campaigns. Previous speakers have included Liberal attorneys-general George Brandis, Bob Ellicott and Tom Hughes.

Mark Dreyfus, the opposition legal affairs spokesman, demanded Mr Heydon disqualify himself from the inquiry and disclose all of his links to the Liberal Party, including if he was a party member.

“This royal commission should never have been commenced and it ought to be dead and buried because the royal commissioner should stand down,” Mr Dreyfus said in Canberra.

“He should not wait for an a formal application to be made to him in the hearings of the royal commission, still less should he wait for the Federal Court of Australia to deal with this matter.

“If the royal commissioner refuses to disqualify himself formally it’s a matter that can be taken up in court.”

In a statement issued today, Mr Heydon indicated he would “not be delivering the Sir Garfield Barwick address”.

“As early as 9.23 this morning — and prior to any media inquiry being received — he advised the organisers that ‘If there was any possibility that the event could be described as a Liberal Party event he will be unable to give the address, at least while he is in the position of Royal Commissioner,” the statement read.

Tony Burke, the manager of opposition business, insisted Mr Heydon had “disqualified himself” from remaining as head of the Royal Commission into Trade Union Governance and Corruption.

“He is conflicted, he is biased, the royal commission is a farce,” Mr Burke told parliament.

“Dyson Heydon is in a position now where he cannot continue in that role.”