James Hayward has been suspended from parliament for the remainder of the year, kicked off a parliamentary committee, and ordered to undergo training on parliamentary privilege and ethics.
The Legislative Council voted in support of the recommendations made by the Standing Committee on Procedure and Privileges, which found Mr Hayward in contempt of the council.
The former Nationals MP turned independent is awaiting trial for child sex offences, having been charged with abusing an eight-year-old girl in 2021.
Mr Hayward pleaded not guilty to four charges, including three counts of indecent dealing and one count of procuring, encouraging or inciting a child under 13 to do an indecent act.
In May, he applied to have his bail altered to allow him to leave the state and attend a medicinal cannabis symposium, saying he would have to resign from a parliamentary committee if he could not attend.
Government leader in the Legislative Council, Sue Ellery, later raised concerns about this and called for an investigation.
The Procedure and Privileges Committee made three key findings which it delivered in a report this week.
- 1.That Hon James Hayward was aware that there was no rule or procedure of the Legislative Council that would have compelled him to travel to Queensland, or terminated his membership of the Select Committee if he was unable to do so.
- 2.That Hon James Hayward used his position as a member of the Select Committee to gain a benefit not available to others.
- 3.That the actions of Hon James Hayward, in knowingly misrepresenting the practices and rules of the Legislative Council for a benefit, constitutes a contempt of the Legislative Council.
It also recommended Mr Hayward be found in contempt of the council, be discharged from any committees, and suspended from parliament for the remainder of 2022 and undergo training.
Hayward's explanation
The government and opposition voted in favour of those recommendations on Thursday afternoon.
During debate on whether he be suspended Mr Hayward spoke for almost 40 minutes.
He said he accepted finding one and the recommendation that he undergo training but said he was disappointed with the other findings.
Mr Hayward said he was aware there was no rule which required him to attend an interstate symposium or be at risk of being sacked from a parliamentary committee.
He argued that instead he had told his fellow committee members he would resign if he could not adequately participate in committee activities, such as attending the symposium.
"I made a commitment to members of that committee that I would resign if I could not pull my weight, and that included being able to travel," he said.
Mr Hayward said he believed his responsibilities went beyond the written rules of the Legislative Council and that the recommendations he be suspended were too harsh.
Speaking on behalf of the government, Emergency Services Minister Stephen Dawson said the recommendations were reasonable and appropriate.
'No pressure on Hayward to resign'
Labor MP Matthew Swinbourn, who is deputy chair of the Select Committee into Cannabis and Hemp, which Mr Hayward was part of, said the committee members were polite at all times and did not pressure him to resign
"There was no pressure on that member, in any realistic way, to resign from the committee, so that is a falsehood and I want the record to stand clearly that, from my perspective, he was never under any such pressure," he said.
Speaking outside parliament following his suspension Mr Hayward confirmed he would continue to be paid while suspended.
"I'll still be attending my office, and I think we're only talking about 12 days of parliament that I'll miss before coming back next year," he said.
"So, it'll be business as usual in the South West for me, I'll be looking to assist constituents where I can, and will continue to do that."
He also reiterated that he felt unfairly treated.
"I think their motivation was to get me out of parliament," he said.
"I think there are some challenges with having an accused person as a member of parliament.
"It's easy to say innocent until proven guilty, sometimes it's difficult to live it."
Mr Hayward is due to stand trial on his abuse allegations next year.
