Andrew Clennell and Gemma Jones: The Daily Telegraph January 05, 2011
TWO of the eight energy company directors who quit over the State Government's power sell-off are prepared to give evidence to the inquiry into the sale.
Their declarations came as Opposition Leader Barry O'Farrell promised legislation or a referendum to prevent Parliament being shut early by a premier again.
The news came a day after Premier Kristina Keneally presented Crown Solicitor's advice that said the inquiry - set up by the Opposition and Fred Nile after she discontinued Parliament sessions early before Christmas - was "unconstitutional".
Two directors contacted by The Daily Telegraph said they would be prepared to appear.
Former Railcorp chairman Ross Bunyon and Michael Vertigan, who audited the state's finances for former premier Morris Iemma in 2005, both resigned as Eraring directors because they could not stomach Treasurer Eric Roozendaal's $5.3 billion sale.
They said they would be willing to explain why they quit but are concerned they might not be protected by parliamentary privilege.
"I'm inclined to appear but it would be dependent on legal advice," Mr Bunyon said. "I will take some legal advice to ensure that my own personal situation and interests are properly protected," Mr Vertigan said.
Ms Keneally presented the Crown Solicitor's advice that said parliamentary privilege was at "risk" and witnesses could not be compelled to appear. It had been expected that directors would elect not to appear.
The break in ranks from the directors will put more pressure on Ms Keneally to back the inquiry proceeding.
Mr O'Farrell yesterday promised that, if elected in March, he would change the rules around proroguing Parliament by legislation, or referendum in 2015, if necessary.
"After this rort, I am very keen to get clear rules in place for the prorogation of Parliament," he said.
Greens MP David Shoebridge, a member of the committee, said there was a precedent to Premier Keneally being able to reverse her controversial proroguing of Parliament, so the inquiry could proceed with certainty around privilege.
In 1982, former premier Neville Wran reversed a proroguing of Parliament so he could introduce a fuel tax. All that was required was a letter from Ms Keneally to NSW Governor Marie Bashir.
http://www.dailytelegraph.com.au/news/ex-energy-bosses-ready-to-speak-out/story-e6freuy9-1225982012257