Premier Will Hodgman says it’s up to voters if Adam Brooks stays in parliament

UPDATED: Taxpayers have so far paid almost $60,000 in legal costs former mining minister Adam Brooks incurred while being investigated by the Integrity Commission.

Adam Brooks will become the first politician to be investigated by State Parliament’s Privileges Committee in 35 years. Picture: RICHARD JUPE

LATEST: TAXPAYERS have so far paid almost $60,000 in legal costs former mining minister Adam Brooks incurred while being investigated by the Integrity Commission.

The Braddon Liberal MHA was on Wednesday referred to Parliament’s Privileges Committee after being found by the commission to have repeatedly lied to the Premier and deliberately deleted emails that proved he was still involved in a business with mining interests that he was instructued to sell while mining minister.

Premier Will Hodgman on Wednesday night told Parliament Mr Brooks had been reimbursed $57,888 in legal fees with further costs related to the Integrity Commission process still outstanding.

“By convention, a Minister is entitled to be indemnified for his or her legal costs in matters that arise in the discharge of his or her office,” Mr Hodgman said.

However, the Premier said he had instructed the Solicitor-General to review the original costs and remaining invoices to determine whether indemnity should be provided.

Opposition deputy leader Michelle O’Byrne said Mr Brooks should be ordered to pay it back.

“This legal bill amounts to more than the average wage of a Tasmanian living in Mr Brooks’ Braddon electorate,” Ms O’Byrne said.

“It’s a disgrace that the Premier has allowed him to lie, accepted his lies and charge the Tasmanian taxpayer for the pleasure.”

EARLIER: ADAMBrooks’s actions in repeatedly lying to the Premier and deleting emails that proved he was involved in a business he was instructed to sell will be examined by Parliament’s Privileges Committee with the blessing of his Liberal colleagues.

The Opposition on Wednesday referred Mr Brooks’s conduct to the Privileges Committee – made up of three Liberal and two Labor MHAs – with the support of the Greens and the Government.

The committee will investigate whether Mr Brooks’s actions, outlined in an Integrity Commission report released on Tuesday, breached the Ministerial Code of Conduct.

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The Integrity Commission cleared Mr Brooks of holding a material conflict of interest as defined in that code.

This was partly because, despite Mr Brooks retaining involvement in his company Maintenance Systems Solutions while mining minister, his decisions were not influenced by his business interests, nor was his business solely focused on mining.

However, Opposition leader Rebecca White said her party believed Mr Brooks was not fit to be in Parliament and called on the Privileges Committee to report back by March 12, 2019.

“This is the most damning thing to come out of Integrity Commission since it was established,” Ms White said.

The powers of the Privileges Committee appear limited. Standing orders dictate that someone found guilty of contempt can be fined $40 or imprisoned for up to two weeks; they can also be referred to the Supreme Court where they would face harsher penalties.

WHAT ACTION AWAITS BROOKS AFTER REPORT?

A University of Tasmania article on the powers of the Privileges Committee noted the relevant legislation was “not comprehensive”.

“The legislation does not touch on parliament’s power to decide who is a member or to expel members and exclude strangers; create any immunity from arrest; or define the scope of the parliamentary precincts,” it said.

“This creates uncertainty and potential gaps in the powers of the houses.”

Acknowledging the Integrity Commission’s findings, Premier Will Hodgman said his Government “would not oppose” the referral to the Privileges Committee.

“The reference to a Privileges Committee is not an insignificant matter but one which we will not object to in the circumstances,” Mr Hodgman said.

Mr Brooks, a Braddon Liberal MHA, has indicated he will return to Parliament after taking indefinite sick leave.

Greens leader Cassy O’Connor on Wednesday asked why Mr Hodgman would not rule out giving Mr Brooks a ministry.

Mr Hodgman repeatedly said Mr Brooks would not re-enter Cabinet “for the foreseeable future” and on Tuesday stripped him of his role as Government Whip.

“It’s not true Adam Brooks hasn’t been penalised,” Mr Hodgman said.

“With respect to who sits in this place, that is a matter for the Tasmanian people. That is not my call.”

The Privileges Committee last investigated Tasmanian politicians for contempt in 1983.

UPDATED: The Government says it is “not opposed” to referring the behaviour of former mining minister Adam Brooks to Parliament's Privileges Committee.

Labor introduced the motion to refer Mr Brooks to the Privileges Committee this morning and was backed by the Greens.

Government business leader Michael Ferguson said the Government would allow short debate but was “not opposed” to backing the referral.

The last referral for contempt was in 1983.

The penalties are minimal – parliamentarians found guilty of contempt face a $40 fine, though they can be referred to the Supreme Court.

EARLIER: PremierWill Hodgman says it is up to the voters of Braddon, not him, whether Adam Brooks remains in Tasmania’s Lower House.

An Integrity Commission report released yesterday revealed the Braddon Liberal MHA repeatedly lied to the Premier and deleted emails that proved he was still involved in a business with mining interests while mining minister.

Mr Brooks said he disagreed with some of the commission’s findings and has indicated he will return to parliament after taking indefinite medical leave related to the stress of the body’s two-year investigation.

The commission ultimately found Mr Brooks’s behaviour did not constitute a material conflict of interest as defined in the Ministerial Code of Conduct.

Labor and the Greens were on the attack in parliament this morning, questioning when the Premier knew of Mr Brooks’s conduct, why he was re-endorsed in November last year for the March election, and whether taxpayers would foot Mr Brooks’s legal costs.

Mr Hodgman would not rule out handing Mr Brooks a ministry but said yesterday he would not be in Cabinet in the “foreseeable future”.

As for Mr Brooks returning to Government — should he not resign from his position — Mr Hodgman said that was not his call.

“It’s not true Adam Brooks hasn’t been penalised,” Mr Hodgman said.

“With respect to who sits in this place, that is a matter for the Tasmanian people. That is not my call.”

Liberal Party state director Sam McQuestin did not answer yesterday whether Mr Brooks would be endorsed to run in the 2022 state election.