Tasmanian Premier Jeremy Rockliff answers questions over Madeleine Ogilvie's legal fees saga
The Greens say Jeremy Rockliff's response to their questions have raised concerns. (ABC News: Ebony ten Broeke)
In short:
Premier Jeremy Rockiff has revealed his office had discussions about a contentious clarification statement made by former minister Madeleine Ogilvie after she had provided incorrect information to parliament.
Mr Rockliff has also confirmed he did not seek formal legal advice before last week's budget estimates hearings, when he and his ministers cited confidentiality requirements for refusing to answer dozens of questions about when they became aware that Ms Ogilvie had allegedly misled parliament.
What's next:
The Greens have described the matter as a "scandal" and say they will be discussing the "most appropriate response" with other parliamentarians.
Tasmanian Premier Jeremy Rockliff's answers to questions about former minister Madeleine Ogilvie's legal fees matter "paint a far worse picture of this shameful saga and his role in it", the Greens say.
Mr Rockliff has provided a response to the Greens and three independents who had threatened to escalate the matter in parliament next week if he failed to answer 20 questions by today about what he knew and when.
Ms Ogilvie, who has used $120,000 of public funds to cover legal fees for an undisclosed matter she said was linked to her ministerial duties, resigned from cabinet last month following allegations she had misled parliament.
On November 17 last year, she told a budget estimates committee she had not been a subject or party to any Supreme Court matters in the previous 18 months.
Three days later, on November 20, she provided a clarification statement, saying she was not subject to legal proceedings initiated by another party.
The Greens started asking further questions about the matter on May 21 this year.
A week later, on May 28, Ms Ogilvie confirmed she was a party to a Supreme Court matter that she had initiated.
Ms Ogilvie resigned on May 30, when she acknowledged she had answered questions about the matter "poorly" and did not want the issue to distract the government.
During budget estimates hearings the following week, the premier and his ministers refused to answer dozens of questions about what they knew and when.
They would only say they were complex matters and that confidentiality requirements meant they could not say more, apart from insisting that relevant guidelines had been followed.
The Greens and three independent MPs gave Jeremy Rockliff until today to respond to their joint letter. (ABC News: Kate Nickels)
But in his response to the crossbenchers today, Mr Rockliff confirmed he had not sought or received "formal legal advice" prior to his appearance at budget estimates last week.
He also provided further details about what he knew and when, including:
- Mr Rockliff was aware Ms Ogilvie was involved in a Supreme Court proceeding prior to her telling parliament she was not.
- His office had "discussions" with Ms Ogilvie or her office about her move to make a clarification statement on November 20, although Mr Rockliff said he did not.
- He was not aware of the contents of the clarification statement before the matter was raised in parliament on May 21.
- He "did not recall any discussion" about the possibility Ms Ogilvie had misled parliament before May 21.
- His office had input into the written statement Ms Ogilvie read out in parliament on May 28, confirming she had initiated Supreme Court action, but he did not have input into it.
Earlier this week, Mr Rockliff apologised for his handling of the issue, saying he should have done more to interrogate Ms Ogilvie's clarification statement last November.
He also said he first began examining the issue further after the Greens asked questions about it in parliament on May 21.
Greens leader Rosalie Woodruff welcomed Mr Rockliff's response today, but said his answers raised more concerns.
"The premier's letter reveals at a minimum his office played a central role in covering up that Madeleine Ogilvie had misled parliament and her secret court case itself,"Ms Woodruff said.
"It shows the premier himself then tried to cover up that cover-up.
"Ultimately, even as the truth was exposed, attempts were made to minimise the issue and avoid accountability.
"Each of these facts is outrageous on its own. Together it's a scandal."
Rosalie Woodruff says the Greens "remain sceptical that what we have been provided is the whole truth". (ABC News: Mitchell Woolnough)
She said that given Mr Rockliff's office was aware Ms Ogilvie had allegedly misled parliament in November, the appropriate action would have been for her to apologise in parliament and correct the record factually at the time.
"Instead of ensuring the truth was provided, the premier's office oversaw the process of Ms Ogilvie stealthily tabling a written 'clarification' at the very end of the week.
"The statement was … cynically designed to ensure her Supreme Court matter remain secret — all part of the cover up."
Ms Woodruff expressed scepticism about the premier's understanding of the issue at the time Ms Ogilvie issued the clarification statement.
"The premier would have us believe that despite his office being involved in efforts to cover up Ms Ogilvie misleading parliament and her court case, and despite knowing within a week that this misleading statement had been made, he was completely unaware of the fact of her subsequent response and whether it was appropriate.
"Given the facts that have now been revealed, plus everything else we've seen from Jeremy Rockliff on this issue, it's difficult to believe the premier's version of events.
"The Greens are sceptical we are getting the whole truth even now."
Madeleine Ogilvie resigned from Jeremy Rockliff's ministry two weeks ago. (ABC News: Maren Preuss)
Ms Woodruff said the premier should, at the least, have "immediately come clean with a full account of what had occurred" once the Greens had raised the issue in parliament last month.
"Instead, he himself then shamelessly tried to cover up the cover-up" by "refusing to answer dozens of questions in estimates about who knew what and when in this matter".
"He did so under the guise of there being legal barriers to do so [but] the premier has now admitted he didn't have any legal advice to support the approach he took in estimates.
"In other words, it was entirely a political decision to stonewall dozens of questions and dishonestly pretend he couldn't possibly do anything else."
Ms Woodruff said the Greens would now be discussing the "most appropriate response" with colleagues across both houses of parliament.
Ministers had other 'advice'
While the premier's letter confirmed there was no formal legal advice behind the inability to answer questions during estimates, government minister Felix Ellis has said they had other advice.
"There's certain legal complexities and confidentiality," he told the media this morning.
"We're aware of that, taken advice on that and formed a view.
"In terms of matters going forward, the premier has detailed the answers to the questions, he's apologised and we're looking to get on with the job."
A government spokesperson said "ministers receive advice regularly on all matters, this is no exception"; it is unclear what type of advice was relied upon.
In one instance during estimates, Mr Rockliff said he "cannot comment" when asked if he was aware Ms Ogilvie was involved in a Supreme Court proceeding prior to November 17.
Mr Ellis would not say when cabinet approved Ms Ogilvie's legal fees, nor if she had misled parliament.
"Ms Ogilvie has clearly resigned," he said.
"The premier has more broadly taken responsibility."