Speaker’s Rulings — Contempt Finding—Hon Dr Nick Smith

As members will appreciate, since the finding of contempt against the Hon Dr Nick Smith, the Clerk of the House and I have received numerous media inquiries as to the effect of the finding on Dr Smith’s membership of the House. We have both declined to comment, on the ground that any advice on such a matter should be given to this House rather than to individual members of the media. The media can learn my views by reporting the proceedings of this House.

I have not seen any order of the court with regard to Dr Smith, nor have I seen the court’s judgment. In those circumstances the question is academic at present. I also understand that Dr Smith is contemplating an appeal. Ultimately, whether a vacancy has arisen is a matter for me, as Speaker, to be satisfied of. I refer members to section 129(1) of the Electoral Act.

I am certainly not satisfied that a vacancy exists at this time. In the meantime I therefore intend to adhere to the provisional view expressed by the Clerk of the House to the Business Committee on 24 August 2003—a copy of which was handed out at that meeting, and all parties were there—that if Dr Smith were to be found in contempt of court no disqualification would follow.