A written submission from Racing NSW to the Rosehill inquiry has been referred for possible parliamentary contempt, despite the Minns government opposing a motion to send it to the Privileges Committee.
There was a fiery debate in the New South Wales Legislative Council over a motion to refer the submission onwards after leader of the government in the House, Penny Sharpe, put forward the Labor government’s opposition.
Sharpe took the opportunity to suggest that the Select Committee into the Rosehill Proposal had extended far beyond its intended scope, and accused Independent MP Mark Latham, a committee member and the proponent of the motion, of wanting to pursue “a conspiratorial case”.
“We believe that this, the pursuit and the operation of the way in which this Committee is operating is well outside the terms of reference for which it was defined to do,” Sharpe told parliament.
“That it is now swaying into a very large conspiratorial case that the Honourable Mark Latham is, wanting to pursue, and he's entitled to pursue that. But our point is that we don't believe that this should go to the Privileges Committee.”
“We believe that the reason why this inquiry was established, which was to look into the issues surrounding the unsolicited proposal, has found not a skerrick of evidence or concern in relation to the operation of the government, the ministers and the Premier.”
However, Sharpe’s position was resoundingly condemned by the crossbench and the opposition, and when Latham's private member’s motion was put to a vote, Labor was defeated with not a single crossbencher supporting the government. It is believed to be the first time that has happened since Labor took power in March 2023.
Greens MP Cate Faehrmann, also on the Rosehill Committee, was particularly strong in criticising the government for its position in opposing the motion.
“The contribution by the Government, by the Leader of the Government in this place, was extraordinary,” she said.
“To say that the reason that they're not supporting it is because the Rosehill Racecourse inquiry has gone off-piste and is exploring other areas, it's gobsmacking, frankly. These are issues that witnesses have brought to us as a committee.
“We're inquiring into Rosehill Racecourse, the behaviour of Racing NSW and its CEO is coming up time and time and time again.
“When committee members hear about the potential of witnesses being influenced, the potential of witnesses being threatened if they appear and give evidence, that is a matter for us all as members and it is a matter for the Privileges Committee to inquire into.”
Bren O’Brien
Animal Justice MP Emma Hurst said it was the first time in her five years of serving on Upper House Committees that there had been recommendation of a referral to the Privileges Committee.
“It actually goes to show how concerned the members on this inquiry were about the conduct that we have witnessed from Racing NSW throughout the course of this inquiry,” she said.
Hurst said that even a suggestion that Racing NSW had conducted its own investigation which led to its submission, was worthy of action.
“I too am shocked that the government is choosing not to actually support this motion. When we're talking about the processes of this House, the inquiry process of this House, we need to protect that process,” she said.
“I've reached the conclusion that those within Racing NSW believe that they are a lawless organisation that have no accountability to the NSW government or anyone else, despite the millions in taxpayers' dollars that Racing NSW gets.”
Hurst said she has given notice of a bill which proposes to give powers to the Racing Minister to remove the board and the chief executive of Racing NSW, as well as appoint an administrator. Hurst is also seeking to impose a six-year maximum term for a chief executive of Racing NSW.
Before the division on the motion, Latham and Sharpe exchanged further barbs.
“This has been an attempt to intimidate whistleblowers, to tamper with the proper processes of our committee,” Latham said.
“And for the government to say there's some conspiracy afoot, I've explained how I've come at it, but you'd have to wonder how the government, who had three members who didn't object to this, none of them spoke in this debate, saying there's been no contempt,” Latham said.
Sharpe took exception when Latham asked: “Who has been leaning on the government?”
Bren O’Brien
Sharpe replied: “It's a disgraceful contribution from the member. If he wishes to make allegations of that nature, particularly towards the government and members within it, he should be doing it by substantive motion.”
