Advice backs State power inquiry

Gemma Jones Political Reporter January 03, 2011 12:00AM

PREMIER Kristina Keneally could be in contempt of parliament over her attempts to stop the power sale inquiry, constitutional and legal experts said.
Barrister Arthur Moses SC and prominent constitutional lawyer Professor Patrick Keyzer have told the Opposition that the inquiry is legal and Ms Keneally may be in serious trouble.
She has already admitted her claim that the inquiry was illegal was based on Crown Solicitor's advice from 1994.
She is now considering calling the Crown Solicitor back from holidays for an update.
Mr Moses and Professor Keyzer said the Government needed to urgently seek a declaration from the Supreme Court.
After shutting parliament more than two months early in a bid to stop the inquiry into the government's botched power sell-off, Ms Keneally was rebuffed by the clerk of the Legislative Council who said that it could go ahead with full parliamentary privilege.
Ms Keneally responded by claiming there was "no legal standing" and witnesses would have no protection.
"The purpose of parliamentary committees, protected by parliamentary privilege, is to ensure freedom of speech and absolute candour in deliberations about matters in the public interest, including concerns about maladministration by a government," Mr Moses and Professor Keyzer said in their advice to the Opposition.
"The comments of the Premier in our view have the tendency to interfere with the purpose of the committee, and may constitute a contempt of the NSW Parliament.
"It is a matter for the NSW Parliament to determine whether the conduct of the Premier constitutes contempt of the NSW Parliament and if so, what sanctions, if any, it determines to impose upon the Premier."
Opposition Leader Barry O'Farrell yesterday claimed that Ms Keneally's questioning of the inquiry was simply to prevent witnesses attending.
"Besides the obvious contempt of Parliament issues involved, there's an overriding public interest for Kristina Keneally to stop harassing this inquiry," he said.
"The community's right to know the facts of the power sell-off and whether it will see electricity bills rise even higher."
A spokesman for the Premier claimed the advice from Mr Moses and Professor Keyzer was "politically motivated".
"The Government will rely on the advice of the NSW Crown Solicitor - the authority on government legal matters," he said.
"And the Government will rely on the Auditor-General to conduct a thorough, independent evaluation of the electricity transaction." The Auditor-General will report after the March election.

Should Kristina Keneally step down over trying to block the power inquiry?
• Yes 93.99% (2924 votes)
• No 6.01% (187 votes)
Total votes: 3111

http://www.dailytelegraph.com.au/news/advice-backs-state-power-inquiry/story-e6freuy9-1225980587511