UPDATE: Frankston MP Geoff Shaw has been suspended from the Victorian Parliament after former Speaker Ken Smith rejected Labor’s push to expel the independent MP for misusing his taxpayer-funded car.
After another chaotic week in State Parliament, on Wednesday evening Premier Denis Napthine’s motion that Mr Shaw be suspended for 11 sitting days was carried on the voices after a push from Labor to expel Mr Shaw was defeated by the casting vote of the Speaker, Christine Fyffe.
Mr Shaw has also been fined $6838 and ordered to apologise. As part of the punishment, the Frankston MP will be expelled if he failed to meet these conditions by September 2.
Mr Shaw was not present for any vote or any debate which finished at 8.30 on Wednesday night.
The member for Frankston told The Age that he would not quit Parliament and that he accepted responsibility. He maintained he was the victim of a politically motivated witch hunt.
With Mr Shaw temporarily suspended, the ramifications for the Parliament are not yet clear, although it is likely any legislation opposed by Labor will require Ms Fyffe to use her casting vote as Speaker.
Confusion over the likely outcome of the debate was heightened when Ms Fyffe ruled that Mr Shaw could vote on motions about his own punishment.
Under Dr Napthine’s plan, Mr Shaw would also be banned from travelling overseas or interstate on government money. He would not be paid for the missed sitting days, but all other days during his suspension would still be paid.
Dr Napthine’s timeframe all but rules out a Frankston byelection, even if Mr Shaw is expelled in September, but the Premier denied this was part of the plan.
Mr Shaw would lose $386 a day for the banned Parliament days.
Opposition leader Daniel Andrews said Labor had tried to expel Mr Shaw to end the “circus” in state Parliament and return to important issues such as education, public transport and roads.
Mr Andrews said he was disappointed Dr Napthine had decided to protect the Frankston MP rather than punish him.
“This is a slap on the wrist, a $160,000 golden handshake, protection instead of punishment.”
But Deputy Premier Peter Ryan said the issues around Mr Shaw had been dealt with and his punishment was the harshest in 113 years.
He said Mr Shaw’s punishment was fair and Mr Andrews had gone out of his way to create a false sense of chaos. Mr Ryan said he hoped Labor would cooperate with the government to ensure parliament ran smoothly.
“The issues of Mr Shaw have been dealt with now”.
Mr Andrews used question time to highlight the benefits that Mr Shaw would still be entitled to while suspended – a $163,000 salary, $9000 in vehicle allowance and $19,000 in electoral allowances.
Mr Andrews told Parliament that Mr Shaw should be found to be in contempt of Parliament and expelled immediately, a step that could have triggered a byelection in the marginal seat of Frankston, potentially denying the Coalition the numbers needed to govern.
After previously declaring he would support Labor’s move to expel Mr Shaw, Mr Smith late on Wednesday said he would support Dr Napthine’s motion to suspend the balance-of-power MP instead.
“Expelling him would set an unnecessary precedent in this Parliament,’’ Mr Smith said. It is understood the former Speaker faced intense pressure from Coalition MPs to side with the government, with rumours circulating on Tuesday night that he had been “brought into line”.
Mr Smith – who lost the speakership after Mr Shaw said he had degraded Parliament and no longer had his support – said he not believe the penalty proposed by Dr Napthine was severe enough but expelling the rogue MP would set a ‘‘dangerous precedent’’.
He accused Labor of being ‘‘nakedly unprincipled and opportunistic’’.
A sigh of relief spread through Coalition MPs during Mr Smith’s speech, and many congratulated him for siding with the government after he had finished.
Dr Napthine said there was no doubt Mr Shaw had misused his car, but repeatedly told Parliament that the penalty he proposed was ‘‘fair, just and appropriate’’.
‘‘This is not a political star chamber, it is not the Big Brother house,’’ he said.
Mr Andrews said of Mr Shaw’s behaviour: ‘‘This is rorting, plain and simple. This is wrong. It is why we [MPs] are so poorly regarded by the people of this state.’’
A parliamentary privileges committee has previously found Mr Shaw guilty of misusing his parliamentary car and fuel card. But it stopped short of finding him in contempt of Parliament.
The majority report – backed by five government MPs, but opposed by Labor members demanding a harsher penalty – recommended that Mr Shaw be fined.
