Senior MP knew about David O’Byrne’s misconduct allegations for a decade, parliament hears
David O’Byrne faces a difficult decision ahead of Monday’s Parliamentary Labor Party meeting as backing for the new party’s leader wavers. LATEST >>
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- Labor leader David O’Byrne faces sexual harassment claims
- ‘Enormous honour’: David O’Byrne announced as next Tas Labor Party leader over Shane Broad
OPPOSITION leader David O’Byrne faces a difficult decision ahead of Monday’s Parliamentary Labor Party meeting as support for him continuing in the job wavers.
Insiders say backing for the party’s new leader is eroding within the ranks of the parliamentary party after a complaint against him of misconduct dating back to his time in the union movement.
Mr O’Byrne has admitted subjecting a young union colleague to an unsolicited kiss and text messages in 2007 and has stepped down as leader while an investigation is completed.
If he was to quit at or before Monday’s regular meeting, Labor will need to find a consensus candidate in order to avoid another protracted ballot of members in an party that has become increasingly bitterly divide along factional lines.
He may yet decide to tough it out and wait for the outcome of the independent investigation into his conduct by former Fair Work Australia Commissioner Barbara Deegan.
It is not expected he will face a challenge.
Should Mr O’Byrne go, Labor faces the problem of who might serve instead: former leader Rebecca White would need to be persuaded, factionally unaligned candidate Shane Broad doesn’t have the numbers and any attempt to elevate former deputy leader Michelle O’Byrne would be vigorously contested by the right.
Independent member for Clark Kristie Johnston on Friday added her voice to calls for Mr O’Byrne to go.
“Mr O’Byrne has admitted the conduct. His position is untenable and he must resign from Parliament,” she said.
Ms Johnston said she had believed the complainant from the outset — and was waiting to hear any condemnation from Labor members.
“The silence from the Labor Party has been deafening,” she said.
“I call on the Parliamentary Labor Party to do the right thing and speak out condemning his behaviour and act to support the complainant.
“Women must feel safe to raise these allegations, they must be supported, and they deserve to see that this behaviour is not tolerated.”
Labor’s Ella Haddad yesterday defended her role in the affair after criticism from the Greens that she had not spoken up for the complainant, who is a close friend.
“Early in our friendship she told me in confidence about some of her experiences while working at the Liquor, Hospitality and Miscellaneous Union,” she said.
“At the time she told me and since, she specifically asked me not to share the information with anyone or act in any way, which I respected.
“It is every woman’s right to decide if and when they come forward with allegations themselves.
“Recently she told me she was intending to come forward with her complaint of sexual harassment, and asked if I would agree to be interviewed in an internal party investigation.
I of course agreed.
“This is why my name is listed in the complaint – as a support person to my friend.
“I am aware the Greens and parts of the media have, with a small amount of information, attempted to imply I am somehow the subject matter of the complaint or have acted improperly — this is entirely false.”
The complaint to the ALP National executive is understood to have been made in late May or early June — as the state party considered its considered who would take over from Ms White following the May 1 election loss.
Ms Haddad was one of Mr O’Byrne’s staunchest backers, sending a letter to party members on his behalf.
She said yesterday she had always sought to do “the right thing to support her friend” who informed her about the incident some years after it happened.
“It is the politicisation and publication of complaints in this way, without the consent of the complainant, that can deter women from sharing their stories. I am aware the complainant did not want this in the media or Parliament,” she said.
“David has done the right thing to stand aside while the investigation occurs. Both parties deserve due process and have the right to be heard.”
Premier Peter Gutwein on Friday said Labor was a party in turmoil.
“A functioning opposition is needed in a functioning Westminster democracy,” he said.
“I think if you look at what’s occurred since we’ve returned, the last couple of weeks, it would be difficult to describe Labor as being a functioning opposition.
“I note that there are many senior Labor figures now who say that David O’Byrne will not return to the Labor leadership, nor should he.
“I’m not going to join that chorus, other than to say that the Labor Party has some serious matters in front of it, there are processes underway and they need to take their course.”
Mr Gutwein yesterday announced an inquiry into the culture and practice in Parliament, ministerial and electoral offices following the first meeting of a working group established in the wake of rape allegations made by former federal political staffer Brittany Higgins
Mr O’Byrne’s spot on that working group was taken by acting Labor leader Anita Dow.
“The focus of the group is to ensure that there is a review undertaken of current practices and procedures that occur both within the parliament and within ministerial and parliamentary service and also within electoral offices,” Mr Gutwein said.
“We have agreed that Sarah Bolt, the Anti-Discrimination Commissioner will lead the review and yesterday Sarah provided for the group to consider a draft set of terms of reference.”
Mr Gutwein said he expected the review would take up to six months and the Commissioner would be provided with additional resources if required.
The review would seek submissions from current and former political and staff working in the political sphere.
“Obviously, anyone that’s been employed across ministerial and parliamentary service, the electoral offices or parliament will have an opportunity to provide input into that.
‘She is my friend’: Haddad hits back at claims of inaction
Labor MP Ella Haddad has hit back at allegations from political opponents who claimed she knew about alleged sexual harassment at the hands of former Labor leader David O’Byrne, but did not act.
According to a statement from Ms Haddad released this morning, the complainant is a “close friend” and told her about the incident at the time but asked her not to discuss or act on it.
“Early in our friendship she told me in confidence, about some of her experiences while working at the LHMU,” Ms Haddad said.
“At the time she told me and since, she specifically asked me not to share the information with anyone or act in any way, which I respected.
“It is every woman’s right to decide if and when they come forward with allegations themselves.”
Is wasn’t until recently Ms Haddad was told the complainant would come forward.
She was asked to be interviewed as part of the internal investigation to which she agreed.
“This is why my name is listed in the complaint – as a support person to my friend,” she said.
“I am aware the Greens and parts of the media have, with a small amount of information, attempted to imply I am somehow the subject matter of the complaint or have acted improperly – This is entirely false.
“It is the politicisation and publication of complaints in this way, without the consent of the complainant, that can deter women from sharing their stories. I am aware the complainant did not want this in the media or parliament.”
Ms Haddad said Mr O’Byrne had done the right thing in stepping aside as the investigation is carried out.
“I have done the right thing to support my friend,” she said
Senior MP knew about David O’Byrne’s misconduct allegations for a decade, parliament hears
A senior Labor MP had known of the misconduct allegations against David O’Byrne for a decade, parliament has heard.
Mr O’Byrne has stepped down as Labor leader after responding to allegations of an unsolicited kiss of a colleague and a series of text messages during his time as a union leader.
Green leader Cassy O’Connor said Shadow Attorney-General Ella Haddad knew of the allegations from the start.
“The person who came forward with the allegation about Mr O’Byrne, spoke to two women at the time and one of them was my colleague, the independent member of the Clark, Ms Johnston,” she said in parliament.
“The other was my colleague, the Labor member for Clark Ms Haddad.
“We’ve had a statement from Miss Johnston about her recollection of those events.
“I think that Ms Haddad owes the house an explanation, or at least to make a statement about how she was approached, what steps she might have taken in order to provide that support to the person who came forward.”
Ms Haddad has not commented publicly on Ms O’Connor’s claims.
Ms O’Connor said Mr O’Byrne could not remain leader of the Labor Party given the allegations against him.
Mr O’Byrne weathered the last day of parliament before the winter break on Thursday without betraying a hint about his future.
Labor state secretary Stuart Benson would not comment on the process or timeline for the investigation into the leader’s conduct.
“I do not comment on any matters relating to our code of conduct policies,” he said.
“The Labor Party does not confirm any matters relating to this policy as there are strict confidentially clauses to which I adhere.
“Our policies establish guidelines for how the Party Office manage these processes.
“For respect for the process, for confidentiality and for natural justice I will be adhering to our policy and therefore will not be making any further comment regarding this investigation.”
Greens MP Rosalie Woodruff told parliament she did no accept Mr O’Byrne’s public comments about the matter.
“It’s very hard to believe that veracity of the statement that he made, given that Mr O’Byrne’s first response was to threaten the ABC with a legal case if they took the report from the claimant and made them made public,” she said.
“His first response, Mr Speaker, was to deny the reality of what the complainant had said.
She said the tone of his response jarred.
“Mr O’Byrne makes it sound like he’s part of this national conversation, like he’s part of a conversation against sexual harassment in the workplace. But the reality is he was part of the problem.
“Nowhere in Mr O’Byrne’s statement is there any unreserved apology for the abuse of his power over a young female junior employee.
Acting Labor leader Anita Dow formally informed the House of Assembly of changes to Labor’s line-up during question time on Thursday, describing Mr O’Byrne’s standing down as “temporary”.
She said that in addition to being acting leader, she would also take over my O’Byrne’s portfolios as Shadow Minister Infrastructure, Shadow Minister Economic Development, Shadow Minister Tourism and Shadow Minister Climate Change.
She said she would also be looking after Rebecca White’s portfolios as Shadow Treasurer and Shadow Minister Hospitality and Events while Ms White is on maternity leave.
Labor elder Julian Amos said Mr O’Byrne could not hope to stay as leader.
“Standing aside is not resigning, but the reality is David’s chances of holding on to the leadership are zip,” the former Minister said in his regular newsletter on Tasmania politics.
“He must know his position is untenable. If he doesn’t resign, the National Executive will have no option but to step in and take appropriate action.
“They may wish to address the fact that the State President is in a similar situation while they are about it.”
Labor state president Ben McGregor stood aside during the state election campaign after being accused of sending offensive text messages.
Mr Amos said another lengthy ballot for party leadership would be extremely disruptive.
“The obvious alignment would be for Rebecca White to return to the leadership with Shane Broad as her Deputy,” he said.
“But for that to happen she would first have to want it.
“No doubt there will be some very serious discussions being held behind closed doors over the next few days.”
O’Byrne’s position ‘untenable’ amid harassment investigation
David O’Byrne’s position is untenable and he cannot return as Labor leader, Greens leader Cassy O’Connor says.
Mr O’Byrne on Wednesday apologised for what he described as non-consensual contact with a young union colleague a decade ago.
He has stepped down as leader.
Ms O’Connor said he could not return to the opposition leader’s job.
“We don’t believe given that Mr O’Byrne has effectively confessed to sexually harassing this person, we don’t believe his position is tenable anymore,” she said.
“It’s compounded by the legal threats that he made to the ABC when they sought to get some answers about the allegations that have been made.
“We need to make sure in this parliament, that we’re sending the right message into the community and the right message to women about the culture that we have in this building and it’s really important that all of us are uphold a really high standard.
“The fact that there was that legal threat detracts from his attempt at taking accountability.
“It’s not a good look when a journalist approaches you with information from a very credible allegation for you to immediately turn around and issue legal threats.”
Ms O’Connor said it was a matter for Mr O’Byrne and the electors of Franklin whether he remained in parliament as a Labor MP.
Acting Labor leader Anita Dow formally informed the House of Assembly of changes to Labor’s line-up during question time.
She said that in addition to being acting leader, she would also take over my O’Byrne’s portfolios as Shadow Minister Infrastructure, Shadow Minister Economic Development, Shadow Minister Tourism and Shadow Minister Climate Change.
She said she would also be looking after Rebecca White’s portfolios as Shadow Treasurer and Shadow Minister Hospitality and Events while Ms White is on maternity leave.
Labor elder Julian Amos said Mr O’Byrne could not hope to stay as leader.
“Standing aside is not resigning, but the reality is David’s chances of holding on to the leadership are zip,” the former Minister said in his regular newsletter on Tasmania politics.
“He must know his position is untenable. If he doesn’t resign, the National Executive will have no option but to step in and take appropriate action.
“They may wish to address the fact that the State President is in a similar situation while they are about it.”
Labor state president Ben McGregor stood aside during the state election campaign after being accused of sending offensive text messages.
Mr Amos said another lengthy ballot for party leadership would be extremely disruptive.
“The obvious alignment would be for Rebecca White to return to the leadership with Shane Broad as her Deputy,” he said.
“But for that to happen she would first have to want it.
“No doubt there will be some very serious discussions being held behind closed doors over the next few days.”
O’Byrne stands aside: ‘I have let down my wife and my family’ – Wednesday, June 30
Opposition leader David O’Byrne has stood down temporarily while an investigation takes place into sexual harassment allegations against him.
Mr O’Byrne fronted the media at 3.30pm in Hobart to acknowledge the allegations against him and say he would temporarily step down from his role pending the outcome of the investigation.
“I acknowledge that my behaviour did not meet the standards I would expect of myself,” he said.
“I also acknowledge that I have let down my wife and my family.
“At the time of the reported events, I genuinely believed the kiss and the text exchanges to be consensual.
“However, I now understand that this was not the case.”
Mr O’Byrne said he had written to the complainant and offered an “unreserved apology”.
The ABC has reported the Labor Party is investigating allegations Mr O’Byrne sexually harassed a junior employee while head of the Liquor, Hospitality and Miscellaneous Union more than a decade ago.
Mr O’Byrne has not been accused of any criminal wrongdoing.
David O’Byrne’s full statement
“I have read today’s media reports concerning a complaint which has been made to the Tasmanian Labor Party Secretary, which will be the subject of an investigation.
“Whilst I’ve not yet received a copy of the complaint, I believe it necessary to publicly respond to some of the matters reported today.
“I acknowledge that my behaviour did not meet the standards, I would expect of myself. I also acknowledge that I’ve let down my wife and family.
“At the time of the reported events, I genuinely believe the kiss and the text exchanges to be consensual. However, I now understand that this was not the case.
“The matter has caused me to reflect deeply on the nature of consent and I’ve come to appreciate why this person concerned says our interactions were not consensual. I have written to her to offer my unreserved apology for the unwanted contact and texts.
“I genuinely thank her for having the strength to bring this issue to light and I also thank other women who have advocated and spoken about their personal experiences to inform the current national conversation about consent.
“I will be standing aside as Opposition Leader today for the duration of the investigation into this matter. Thank you.
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