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ABC News
ABC News
Politics
Patrick Martin

Parliamentary privilege no 'blanket shield' against ICAC

The Premier says privilege should not be used to impede an ICAC investigation into MPs.

South Australia's Premier Steven Marshall says parliamentary privilege should not be used as a "blanket shield" to stifle a corruption investigation into the use of a taxpayer-funded perk by state MPs, but stops short of saying he would instruct his party on how to vote on the issue.

An investigation by the Independent Commission Against Corruption (ICAC) into the use of the Country Members Accommodation Allowance by some state MPs stalled because some MPs were seeking parliamentary privilege over information sought by now-former commissioner Bruce Lander.

Steven Marshall said he expected lawful requests by ICAC to be followed by all MPs.

"Whilst I respect parliamentary privilege, it cannot be used as a blanket for delaying or impeding an inquiry," Mr Marshall said.

"There's got to be a privilege between members of an electorate and a member of parliament but it shouldn't be used … to slow down or impede an inquiry."

The ICAC probe was sparked by an ABC investigation into the scheme that saw five senior Liberal MPs resign from their positions and three repay more than $70,000 in claims made.

Yesterday, Mr Lander revealed that he had issued summonses and requested documents from three MPs and their staff but he did not name them.

It is expected that MPs will vote on the issue of privilege — a tradition that allows MPs to speak freely in parliament — when it sits next.

Mr Marshall indicated he would not vote in support of privilege in this instance, but did not say if he would direct members of his party to vote a certain way.

"We need to see what is actually put forward and by whom it's put forward, and we will consider those things," he said.

"I don't want it [privilege] to be used as a block or shield."

He said he did not know which MPs were under investigation by ICAC, saying it would be "completely inappropriate" for him to know, or direct them to vote in a certain way.

He compared privilege to the right for the media to protect sources.

"I do respect parliamentary privilege … only a parliament can put that privilege in place or take it away.

"It can't be done by the Premier or the leader of a political party."

Opposition calls on Premier to direct party

The Government holds the majority of votes in parliament.

The state opposition's Stephen Mullighan said the issue would be resolved entirely if the Liberal Party was directed on how to vote by its leader.

"All eyes now fall on Steven Marshall and what action he will take," Mr Mullighan said.

"He is the leader of the majority of members of parliament — it will be up to him to determine if the documents sought by the ICAC Commissioner are granted the status of parliamentary privilege."

Tomorrow, the Government will meet at Hahndorf in the Adelaide Hills, where it is expected to select its nomination for the speaker's position to replace Vincent Tarzia, who was promoted to cabinet following the reshuffle sparked by the allowances scandal.

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