Uncertainty surrounds David O’Byrne’s party support after sexual harassment inquiry
Turmoil continues to swirl within the Labor Party over the David O’Byrne harassment inquiry, with some calling it an “embarrassment” as others declare “we will never abandon him”.
Tasmania
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- Labor on the hunt for a new leader as David O’Byrne quits amid scandal
- Senior MP knew about O’Byrne allegations for a decade, parliament hears
AS David O’Byrne’s support wanes among his Parliamentary Labor Party colleagues he continues to have the backing of the party’s administrative wing.
Party sources have told the Sunday Tasmanian that the majority of his caucus colleagues are keen for him to stand aside.
Some have suggested that of the 14-member caucus, Mr O’Byrne has the backing of just three members of the House of Assembly and Legislative Council.
Mr O’Byrne’s future in the Parliamentary Labor Party is set to be discussed at a special meeting of the caucus on Sunday afternoon, sources said.
The fall in support follows the release of a review into allegations Mr O’Byrne had sexually harassed Rachel Midson when he was her boss a decade ago.
The Franklin MHA stepped down as opposition leader in June, following the allegations.
Ms Midson, who used to work for the Liquor Trades Union, alleged Mr O’Byrne sexually harassed her when he was head of the union. She made six allegations dating back to 2007.
In an independent review conducted by Barbara Deegan, four of the allegations were rejected. The review said Mr O’Byrne did not regularly touch Ms Midson in an inappropriate manner at work and did not subject her to “improperly motivated and unwarranted performance management”.
“Barbara Deegan found whilst the respondent’s conduct was inappropriate and wrong, it ... does not mean that it was in breach of the policy as in force at the relevant time,” the summary of the findings stated.
Mr O’Byrne has admitted he had kissed and sent messages to Ms Midson but said he believed the actions were consensual. He rejected Ms Midson’s assertions that he sexually harassed her and victimised her.
At a regular meeting of the party’s powerful Left-wing dominated administrative committee on Friday, it is believed Labor leader Rebecca White was told she must vigorously defend Mr O’Byrne.
“We will never abandon him,” one Left member said.
“The Left will continue to support him unequivocally.”
However, many of his PLP colleagues are said to want him to leave.
“This isn’t about factions, it is about the damage he has done to the party. How can we have any credibility with women while he is in the caucus?
“He would have to be one of the most polarising figures in parliament.”
The PLP is believed to be worried about the pressure Ms White and members will be under when parliament resumes on Tuesday after the winter recess and for the budget.
“He might not still be around on Wednesday,” one source said.
The PLP will hold its regular meeting on Monday but it is unclear if there will be any move to force Mr O’Byrne to resign.
One source said Labor was in a state of paralysis while another said it was “embarrassing” that an inquiry had found Mr O’Byrne’s behaviour towards a junior staff member when he was a union leader was “inappropriate and wrong”.
“It is a devastating message for women that he is there,” the source said.
Labor member for Lyons Jen Butler has publicly supported Ms Midson, who is shattered at the outcome of the investigation.
“I have always believed Rachel and will continue to support her and her family,” Ms Butler said.
“Rachel has shown incredible courage and I stand with her.”
Mr O’Byrne was not available for comment on Saturday but it is believed he has no intention of taking mental health leave, as two federal ministers have done this year, or of resigning from parliament.
After the finding of the investigation, Mr O’Byrne said he wanted to continue to make a “positive” contribution to parliament and the Labor caucus.
He posted on his Facebook page on Friday that he was continuing his electoral work attending a breakfast club run by the Risdon Vale Neighbourhood Centre.
On Twitter, one former ALP member and friend of Mr O’Byrne said he had “apologised, stood aside, resigned as leader, refrained from public comment during the process and been found not to have harassed or victimised by an independent investigator”.
“Isn’t it time to accept (the) findings?” he tweeted.
Since complaint @DavidOByrneMP has apologised, stood aside, resigned as leader, refrained from public comment during the process & been found not to have harassed or victimised by an independent investigator. Yes he is a Mate of mine. Isn’t it time to accept findings? #politas
— Rod Hunt (@rodhunt) August 19, 2021
The tweet was liked by former Franklin candidate Fabiano Cangelosi, Young Labor president Ben Dudman, federal Lyons MHR Brian Mitchell and Bass candidate Ross Hart.
Mr Mitchell said he would defend the investigation process and the outcome.
“David has been cleared by an expert with 30 years experience investigating these matters,” he said.
‘Ham-fisted’ inquiry dents White’s unity push
THE Labor Party’s inquiry into sexual harassment allegations against David O’Byrne had “seriously complicated” leader Rebecca White’s plans to reunite the party, a political analyst says.
Professor Richard Herr said the inquiry appeared to have been handled badly.
“When witnesses claim not to have been interviewed, and when it was done in what was less than a transparent way, it didn’t satisfy the need for clarity or transparency,” he said.
“It probably should not have been a party-based inquiry.
“I think both the accused and the accuser needed to have confidence in the outcome and I don’t know that it’s done either one of them a favour in any sense at all.
“The critical thing in the first instance, for the party at least in the ham-fisted way the investigation was handled, is that it has seriously complicated Bec White’s intended role of reuniting the party and getting it pulling together.”
Professor Herr believes time will tell whether Mr O’Byrne decides to quit parliament and whether having him stay is a “millstone” for Labor.
“Does it save David’s career? Well, we’ll see. Time will tell if this is something that disappears from public indignation and he has time to recoup and rebuild his image.
“You know, you can never say never, but at the moment, it certainly has seriously dented a significant part of his life’s work to date.”
Professor Herr believes Mr O’Byrne is in a “dark place”.
“If he feels somehow that the penalty being required of him is greater than the offence, he may wish to have the opportunity to rebuild a career.
“But again, it doesn’t look as if there is an easy way for the party to recover with him part of the solution. That’s the real difficulty that both he and Bec White face.”
Professor Herr said Ms White was in the difficult position of being a female leader, dealing with an issue that, under in the #MeToo movement, had made people “particularly sensitive to the way women have been treated in the workplace”.
“Critics will say, as they are saying, that this was a party cover up to try and save one of their own. And what can they say against that?” Professor Herr said.
“The report didn’t suggest that cauterising the wound was necessarily the most appropriate response. That’s the difficulty that Bec White has (with) people calling for the extreme sanction, as it were.”
The investigation by Barbara Deegan found Mr O’Byrne’s conduct with Rachel Midson, a junior employee with the Liquor Trades Union, in 2007 was “inappropriate and wrong” but occurred in a “flirtatious” atmosphere and did not breach ALP policy.
Claims O’Byrne saga discourages victims
The handling of an investigation into David O’Byrne is an example of how victims are being set up to fail when they speak out, according to a women’s rights advocate.
Mr O’Byrne stood down as Labor leader after admitting he’d subjected a young union colleague to an unsolicited kiss and text messages in 2007, claiming he did not know it was not consensual at the time.
On Wednesday a report was handed down into an investigation into the incident, clearing Mr O’Byrne.
Advocate Natalie Hocking said she’s disappointed by how the saga has played out.
“In this particular situation, we have a man who’s acknowledged doing wrong,” Ms Hocking said
“And yet the initial response was to threaten legal action.
“For the woman at the centre of this to come forward and be brave enough to share their story and truth and to have that basically dismissed in a way that puts further barriers up for other survivors, it’s so disappointing,” Ms Hocking said.
Ms Hocking had been an advocate for the last three years and has shared her experiences of workplace harassment.
“In my first job I was exposed to ongoing sexual harassment,” she said.
“That had a very negative impact on my first experience in the workplace
“30 years on, nothing’s changed.”
Ms Hocking said despite public discourse, outdated attitudes around sexual harassment remained.
“I was hopeful when we had the March for Justice and the public response to what happened in Federal parliament recently around Christian Porter.”
“We had a huge wave and outcry of trying to call out this behaviour and say this isn’t good enough but it seems to have fallen on deaf ears.
“If our leaders were taking it seriously, they would take these issues and make positive change.
“There’s no tangible change, it just becomes words.”
She said there needed to be more transparency around the investigation.
“As a community we just get told there’s been an outcome without any idea of what the investigation involved and how they came to that decision.”
“It’s just another thing that happens behind closed doors and we don’t know how to judge that outcome because it’s deliberately exclusive of the community.
“It reeks of sweeping it under the carpet.”
Ms Hocking said victims would be discouraged from coming forward.
“It’s another message that taking the risk of telling your story is too great.”
“My worry is other victim survivors won’t come forward.”
She said victims were being set up to fail.
“My fear around this situation is there’s a culture that’s encouraging victims to come forward on one hand but then creating a backlash of silencing on the other hand,” Ms Hocking said.
“It’s setting women up to fail and what we need is for women to be encouraged to tell their stories and to be supported.”
“Unless we have really clear frameworks in addressing abuses of those powers, women are still unsafe.”
O’Byrne allegations: Rebecca White fails leadership, says Liberals
LABOR leader Rebecca White had failed the test of leadership with her response to sexual harassment allegations against David O’Byrne, the Liberals say.
Ms White has not spoken publicly since a report into the claims was handed down on Tuesday.
Mr O’Byrne says the report cleared him, although his accused Rachel Midson has lashed the conduct of the investigation into the former union boss’ behaviour toward her more than a decade ago.
In a statement issued on Wednesday afternoon, Ms White said she felt “uncomfortable about the events of the past few days”.
“It is concerning to see how distressed people have been with their experience in this recent investigation,” she said.
“I understand that these processes can be traumatic but we must do our best to support people so that they do not come out feeling worse.”
Attorney-General Elise Archer said it was unclear what Ms White stood for.
“Rebecca White needs to immediately take control of the Labor Party, demonstrate leadership and consistency,” she said.
“How can it be then, that Mr O’Byrne will return to the parliament to sit with her next week? “As the Leader, Ms White needs to demonstrate tenacity and immediately act, or face Tasmanians bringing into question the authenticity of her words.”
The Liberals faced pressure during the state election campaign to account for their handling of allegations against then candidate Adam Brooks.
Mr Brooks was accused of operating multiple fake online dating profiles. He quit as an MP moments before the declaration of the polls after being charged with weapons offences by Queensland Police.
Ms Archer said the Labor Party’s handling of the Midson complaint had been poor.
“The complainant’s belief that the Labor report is a “sham” suggests a protection racket is being run by the party.
“Ms White needs to step up for these women and demonstrate that she is listening and take immediate action.”
FULL REPORT REVEALED: O’Byrne sexual harrassment investigation
DAVID O’BYRNE’S conduct was “inappropriate and wrong” but occurred in a “flirtatious” atmosphere and did not breach ALP policy, independent investigator Barbara Deegan found in dismissing four of the six complaints against him.
The two page summary of the findings and recommendations, obtained by the Mercury, details Ms Deegan’s outcomes from the six allegations made by Rachel Midson dating back to 2007 when she worked for Mr O’Byrne who was then head of the Liquor Trades Union.
It rejects four of the allegations saying Mr O’Byrne did not regularly touch Ms Midson in an inappropriate manner at work and did not subject her to “improperly motivated and unwarranted performance management”.
Ms Deegan’ found Mr O’Byrne did not treat Ms Midson’s resignation differently and did not persuade the health union, HACSU, not to employ her “claiming that she was a troublemaker who had been performance managed”.
The summary of the findings states: “Barbara Deegan found whilst the respondent’s conduct was inappropriate and wrong, it ... does not mean that it was in breach of the Policy as in force at the relevant time.”
However, she found Mr O’Byrne did kiss Ms Midson on three occasions and sent her three sexually explicit text messages but his conduct did not breach ALP policy.
“In relation to allegation 1, based on the evidence of the witnesses, Ms Deegan found that at the time the conduct occurred there was a ‘consensual’ and ‘flirtatious’ atmosphere about the interactions between complainant and the respondent,” the summary said.
“In relation to allegation 2, Ms Deegan found in all the circumstances, given the flirtatious relationship that had existed between them at the time, she was unable to be satisfied, to the requisite extent, that it was reasonable to anticipate that the complainant would feel offended, humiliated or intimidated by the conduct.”
Mr O’Byrne has admitted he had kissed and sent messages to Ms Midson.
“At the time I genuinely believed they were consensual, Rachel has now said they’re not. I’m not going to question her judgment on that.
“I do reject her assertions that I sexually harassed her and victimised her, the investigation clearly showed that I did not do that.”
The summary was given to Mr O’Byrne and Ms Midson but neither has seen the full report.
Labor leader Rebecca White said she felt “uncomfortable about the events of the past few days”.
“It is concerning to see how distressed people have been with their experience in this recent investigation.
“I understand that these processes can be traumatic but we must do our best to support people so that they do not come out feeling worse.”
ALP secretary Stuart Benson said the investigation was conducted at “arm’s length” from himself and the party.
He said Labor took complaints about bullying, harassment or victimisation “very seriously”.
The 10 page Tasmanian Labor Bullying, Harassment (including sexual harassment), Victimisation and Discrimination Policy sets out the process for handling complaints.
“I reject assertions which have been made about the process being fraudulent,” Mr Benson said.
“Ms Deegan is a highly respected and credentialed expert in employment law, recognised for her skill in conducting complex and sensitive workplace investigations.
“Ms Deegan allowed appropriate time for evidence to be submitted and if relevant, have witnesses interviewed to ensure a thorough report.”
“In dealing with these matters, I understand it can and has been a traumatic process for all parties involved. That is why support was offered to the parties to the matter during the course of the investigation.
Ms Midson said she had no faith in the investigation or its outcome while Mr O’Byrne said he hoped the findings would be made public “in the public interest”.
Victim survivors devastated after O’Byrne clears name
Victim survivors of sexual harassment and assault that were nervously watching the David O-Byrne scandal unfold would be left feeling devastated, says a key women’s rights advocate.
Yvette Cehtel, service chief executive of Women’s Legal Service Tasmania, said it was a case of one step forward and then many more backwards for the former Labor leader.
Ms Cehtel said Mr O’Byrne demonstrated leadership when he accepted responsibility for the alleged inappropriate conduct and provided an apology but the trouble came when he “sidestepped away from responsibility" following the independent review which he says clears him of the sexual harassment claims.
“He either did send the text messages and did attempt to kiss the woman - which he said he did and apologised for - or he didn’t,” Ms Cehtel said.
“He has undermined his initial apology and made a mockery of it (by changing his tune).”
Ms Cehtel said that victim survivors who watched Ms Midson, supported by her high profile sister independent MP Kristie Johnston, find the bravery to share her story and go through the whole process only to end up not getting anywhere would feel like they shouldn’t come forward with their own stories.
“It would be very traumatising to see someone has walked away from their responsibility for their behaviour,” she said.
“If you look at the bigger picture it does look like there has been some colluding and minimising of the behaviour as a response to this.”
Ms Cehtel says women are being “let down by the system” and she is calling for all major political parties to release their own policy on sexual harassment transparently.
Woman whose complaints sparked investigation into David O’Byrne feels ‘let down’ over process
DAVID O’BYRNE’S conduct was “inappropriate and wrong” but occurred in a “flirtatious” atmosphere and did not breach ALP policy, independent investigator Barbara Deegan found in dismissing four of the six complaints against him.
The two page summary of the findings and recommendations, obtained by the Mercury, details Ms Deegan’s outcomes from the six allegations made by Rachel Midson dating back to 2007 when she worked for Mr O’Byrne who was then head of the Liquor Trades Union.
It rejects four of the allegations saying Mr O’Byrne did not regularly touch Ms Midson in an inappropriate manner at work and did not subject her to “improperly motivated and unwarranted performance management”.
Ms Deegan’ found Mr O’Byrne did not treat Ms Midson’s resignation differently and did not persuade the health union, HACSU, not to employ her “claiming that she was a troublemaker who had been performance managed”.
However, she found Mr O”Byrne did kiss Ms Midson on three occasions and sent her three sexually explicit text messages but his conduct did not breach ALP policy.
“In relation to allegation 1, based on the evidence of the witnesses, Ms Deegan found that at the time the conduct occurred there was a ‘consensual’ and ‘flirtatious’ atmosphere about the interactions between complainant and the respondent,” the summary said.
“In relation to allegation 2, Ms Deegan found in all the circumstances, given the flirtatious relationship that had existed between them at the time, she was unable to be satisfied, to the requisite extent, that it was reasonable to anticipate that the complainant would feel offended, humiliated or intimidated by the conduct.”
The summary was given to Mr O’Byrne and Ms Midson but neither has seen the full report.
Labor leader Rebecca White said she felt “uncomfortable about the events of the past few days”.
“It is concerning to see how distressed people have been with their experience in this recent investigation.
“I understand that these processes can be traumatic but we must do our best to support people so that they do not come out feeling worse.”
ALP secretary Stuart Midson said the investigation was conducted at “arm’s length” from himself and the party.
He said Labor took complaints about bullying, harassment or victimisation “very seriously”.
The 10 page Tasmanian Labor Bullying, Harassment (including sexual harassment), Victimisation and Discrimination Policy sets out the process for handling complaints.
“I reject assertions which have been made about the process being fraudulent,” Mr Benson said.
“Ms Deegan is a highly respected and credentialed expert in employment law, recognised for her skill in conducting complex and sensitive workplace investigations.
“Ms Deegan allowed appropriate time for evidence to be submitted and if relevant, have witnesses interviewed to ensure a thorough report.”
“In dealing with these matters, I understand it can and has been a traumatic process for all parties involved. That is why support was offered to the parties to the matter during the course of the investigation.
Ms Midson said she had no faith in the investigation or its outcome while Mr O’Byrne said he hoped the findings would be made public “in the public interest”.
‘Physically sick’: Accuser ‘let down’ over O’Byrne findings
THE woman who levelled sexual harassment allegations against former Labor leader David O’Byrne says she feels let down by the outcome of the party’s internal investigation.
Tasmanian Labor state secretary Stuart Benson on Tuesday released a statement saying the investigation had been “finalised with no further action required” but revealed no more, citing confidentiality.
Mr O’Byrne says he has been cleared of sexual harrasment claims.
He resigned as party leader in July after acknowledging his approaches towards junior union colleague Rachel Midson more than a decade ago were unwelcome and apologising to her.
Flanked by her husband, Labor right faction convener Kevin Midson and her sister independent MP Kristie Johnston, as well as friends and supporters, Ms Midson said the investigation result was disappointing.
“This was not an investigation as to whether these behaviours occurred,” she said. “He has admitted those behaviours.
“I think the Labor Party needs to take a good hard look at itself and reflect on whether they want to be a party that stands for women and women’s rights, particularly in the workplace or whether they want to be a party that stand behind David.”
Addressing the media this afternoon, Mr O’Byrne again admitted he has kissed Ms Midson and sent her text messages but denied that his actions amounted to harassment.
“I acknowledge I shouldn’t have engaged in that contact,” Mr O’Byrne said.
“At the time I genuinely believed they were consensual, Rachel has now said they’re not. I’m not going to question her judgment on that.
“I do reject her assertions that I sexually harassed her and victimised her, the investigation clearly showed that I did not do that.”
Ms Midson said Mr O’Byrne’s conduct had been unwelcome at the time and continued to cause her distress.
“When he was my boss and I was his junior employee at the union I did not ask or want to be kissed by him and I pulled away on the occasions that he did kiss me,” she said.
“I did not ask for or invite any of the admitted behaviour from a man 15 years my senior, who was married with two young children and who had a significant amount of power over me in my workplace.”
WATCH FULL STATEMENT:
“I feel physically sick that this report has found that there was a consensual atmosphere about the interactions between myself and David at the time that the conduct occurred.
She said the investigation had not spoken to some of the witnesses who could support her allegations nor examined all relevant documents.
“I have no faith in the investigation or its outcome,” she said.
“This outcome sets a precedent that should send a chill down the spine of every girl and woman in the workplace.
Premier Peter Gutwein said the findings and recommendations of the report should be released publically.
“What is clear to me is that there are questions that Ms White needs to answer,” he said.
“Does she believe that that report in the conduct of that inquiry is robust enough? What does she say to Ms Midson in terms of the issues she has raised, as I understand it, this afternoon.”
Greens leader Cassy O’Connor praised Ms Midson for coming forward.
“Mr O’Byrne himself admitted the complainant was telling the truth about his behaviour. He also said he understood, in hindsight, that the behaviour was not consensual,” she said.
“We often hear from Labor politicians how important it is to believe women when they come forward with allegations of sexual harassment or assault.
“If Labor wants to be taken seriously on this, they have to produce more than a media release which reads like a whitewash.”
‘No further action’ to be taken against O’Byrne
The investigation into allegations of sexual harassment against former Labor leader David O’Byrne has been finalised — with “no further action required”, the party’s state secretary has announced.
State Secretary of the Tasmanian Labor Party Stuart Benson confirmed he has received the report from the independent investigation sparked from the complaint made against David O’Byrne.
“An important part of the Labor Party’s complaint handling process involves strict confidentiality clauses. These clauses exist to protect people who come forward and for the interests of due process, procedural fairness and natural justice for all parties,” Mr Benson said.
“As someone involved in the complaints process, I as State Secretary need to abide by these confidentiality clauses.”
Mr Benson sung the praises of Barbara Deegan, the independent investigator appointed by the Labor Party, as “a highly respected and credentialed expert in employment law, recognised for her skill in conducting complex and sensitive workplace investigations”.
“Barbara has served as a Commissioner of the Fair Work Commission and its predecessors from 1996 to 2014 and as a Commissioner of the Tasmanian Industrial Commission from 2010 to 2014,” he said.
“Since her retirement from the Commission in 2014 Barbara has been employed by an international law firm conducting investigations across Commonwealth, State and Territory government departments and agencies and in the private sector.
“Barbara has no conflict of interest or connections to the Tasmanian Labor Party.”
Mr Benson said he had “accepted the key findings and recommendations she has made”.
“The key findings and recommendations have been sent to the complainant and the respondent,” he said.
“I now consider this investigation to be finalised with no further action required.
“On legal advice, respect to the complainant and respondent and to abide by the confidentiality provisions of the Policy, I am not able to make any further public statements about the matter.”
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