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Geoff Shaw can legally be expelled from parliament, says Labor Geoff Shaw can legally be expelled from parliament, says Labor
(2 months later)
The independent Victorian MP Geoff Shaw can be expelled from parliament, legal advice obtained by the opposition says.The independent Victorian MP Geoff Shaw can be expelled from parliament, legal advice obtained by the opposition says.
Labor has renewed its demand that the government should banish Shaw from office.Labor has renewed its demand that the government should banish Shaw from office.
The shadow attorney general, Martin Pakula, has released advice by a constitutional lawyer, George Williams, which concludes that the Victorian parliament has the power to expel a member.The shadow attorney general, Martin Pakula, has released advice by a constitutional lawyer, George Williams, which concludes that the Victorian parliament has the power to expel a member.
Pakula said Williams was one of Australia’s top constitutional experts, and he called on the government to take decisive action against Shaw. Pakula said Williams was one of Australia’s top constitutional experts, and he called on the government to take decisive action against Shaw.
“The legal advice makes it absolutely clear that parliament has the power to expel a member of parliament and, in the opposition’s view, this removes from the government the last excuse not to act,” he said on Sunday.“The legal advice makes it absolutely clear that parliament has the power to expel a member of parliament and, in the opposition’s view, this removes from the government the last excuse not to act,” he said on Sunday.
“This advice is clear, it is unequivocal and it is from an extremely eminent constitutional lawyer,” Pakula said.“This advice is clear, it is unequivocal and it is from an extremely eminent constitutional lawyer,” Pakula said.
He reiterated the opposition's intention to seek Shaw's expulsion when parliament resumes on Tuesday. “This is a big step. The opposition does not deny that, but the actions of Mr Shaw are unprecedented,” he said. “We believe the circus has to end.” He reiterated the opposition's intention to seek Shaw's expulsion when parliament resumes on Tuesday. “This is a big step. The opposition does not deny that, but the actions of Mr Shaw are unprecedented,” he said. “We believe the circus has to end.”
The premier, Denis Napthine, has said the government will not be held to ransom by Shaw but has refused to say if he should be suspended or expelled. The premier, Denis Napthine, has said the government will not be held to ransom by Shaw but has refused to say if he should be suspended or expelled.
The health minister, David Davis, said on Sunday that the government was still testing its own legal advice. “What is important is to make sure that we move in a way that is legally safe, and legally secure, and the government is obtaining detailed advice on those matters to make sure we take the proper steps, in the proper way, at the proper time,” Davis said. The health minister, David Davis, said on Sunday that the government was still testing its own legal advice. “What is important is to make sure that we move in a way that is legally safe, and legally secure, and the government is obtaining detailed advice on those matters to make sure we take the proper steps, in the proper way, at the proper time,” Davis said.
A parliamentary privileges committee found Shaw had breached an MPs’ code of conduct by misusing a parliamentary car for his private hardware business. A parliamentary privileges committee found Shaw had breached an MPs’ code of conduct by misusing a parliamentary car for his private hardware business.
Pakula said it would be unacceptable to stop short of expulsion and simply suspend Shaw from parliament, a move that could still allow him to draw a salary. “I think the people of [his constituency] Frankston and the people of Victoria, more generally, would be appalled at the notion,” he said. Pakula said it would be unacceptable to stop short of expulsion and simply suspend Shaw from parliament, a move that could still allow him to draw a salary. “I think the people of [his constituency] Frankston and the people of Victoria, more generally, would be appalled at the notion,” he said.