Function and purpose
On 3 May 1955, the House of Representatives referred to the Privileges Committee, for investigation and report, an article headed 'MHR and Immigration Racket' published in the Bankstown Observer on Thursday 28th April 1955.[1] The Member for Reid, MR CAA Morgan, prompted the referral. Mr Morgan was the 'MHR' alleged to be involved in the immigration racket.
The Committee conducting the inquiry consisted of Mr WM Bourke, Mr Freeth, Mr Galvin, Mr Joske, Mr McLeay (Chairman), Mr Swartz and Mr Turnbull.
The Committee met on 12, 17, and 25 May 1955. It called upon and examined Mr CAA Morgan. At the meeting of 25 May, the Committee decided to seek authority from the House to extend its investigations to include articles that had appeared in the Bankstown Observer of the 5th, 12th and 19th May 1955. To this end, the Committee presented to the House on 26 May a special report entitled Special Report from the Standing Committee of Privileges relating to An Article published in the Bankstown Observer on Thursday 28th April, 1955 together with Minutes of Proceedings of Committee.[2] On 31 May, the House agreed to extend the terms of the investigation as requested by the Committee.
The Committee then met on 1, 7, and 8 June 1955. It called upon and examined Mr Raymond E Fitzpatrick, proprietor of the Bankstown Observer and Mr Frank Browne, author of the offending articles.
On 8 June 1955, the Committee presented to the House its report entitled Report from the Committee of Privileges relating to Articles published in the Bankstown Observer on 28th April and 5th, 12th, and 19th May 1955 together with Minutes of Proceedings of the Committee.[3]
The Committee found:
'(a) That Mr RE Fitzpatrick and Mr F Browne have been guilty of a serious breach of Privilege by publishing articles intended to influence and intimidate a Member, the Honourable Member for Reid, in his conduct in the House, and in deliberately attempting to impute corrupt conduct as a Member against the Honourable Member for Reid, for the express purpose of discrediting and silencing him. The Committee recommends that the House should take appropriate action.
(b) That there was no evidence of improper conduct by the Honourable Member for Reid in his capacity as a Member of the House.
(c) That some of the references to the Parliament and your Committee [Privileges Committee] contained in articles referred to your Committee constitute a Contempt of the Parliament. However, your Committee considers the House would best consult its own dignity by taking no action in this regard.'[4]
On 9 June, the House voted to agree with the Committee in its report. On 10 June, Mr Fitzpatrick and Mr Browne attended the House. The Speaker informed Mr Fitzpatrick and Mr Browne of the House's decision and provided them with an opportunity to address the House in extenuation of their offence. Both men addressed the House. The House then voted that Mr Fitzpatrick and Mr Browne be committed in custody and kept in custody until 10 September 1955.[5]
On 31 August, the House debated the motion that Mr Fitzpatrick and Mr Browne be released forthwith. The motion was defeated.[6] On 13 September, the Deputy Speaker informed the House of the release of Mr Fitzpatrick and Mr Browne on 10 September.[7]
Following the House decision of 10 June to commit Mr Fitzpatrick and Mr Browne to three months in custody, legal representatives of Mr Fitzpatrick and Mr Browne appealed to the High Court. The appeal was heard between 22 and 24 June. The High Court dismissed the appeal on 24 June. Subsequently, Mr Browne and Mr Fitzpatrick petitioned the Judicial Committee of the Privy Council for special leave to appeal against the High Court decision. The Privy Council refused leave to appeal.[8]
This series comprises ten items. These items appear to be the only Privileges Committee files extant for this particular inquiry. The items relate to the Privileges Committee inquiry, the High Court and Privy Council legal proceedings.
Relationships with other records
Portions of this series (Items 1 to 4) were registered into A1842 Correspondence Files, Two Number Series. This series has been registered as a separate series since the Privileges Committee records were maintained as a distinct physical entity by the Privileges Committee secretariat.
Finding aids
All items in this series in the custody of the National Archives as at December 2000 have been entered onto RecordSearch.
Access conditions
The records in this series were authorised for publication on 1 January 2001 by a motion passed by the House of Representatives on 7 December 2000. They were authorised for release to the public by the Speaker of the House of Representatives on 20 December 2000.
End notes
1. Votes and Proceedings, 1954-55 Session, p.184.
2. Votes and Proceedings, 1954-55 Session, p.225-6 and p.239. The special report was not printed and so is not available in the Parliamentary Papers. The special report consulted in preparation of this note may be found in Item 10 of this series.
3. Votes and Proceedings, 1954-55 Session, p.260. The report was printed. It is report number HR2 in Parliamentary Papers Session 1954-55. It may be found at Parliamentary Papers, Session 1954-55, Volume HR1, p.417. The report consulted in preparation of this note may be found in Item 1 of this series
4. Report from the Committee of Privileges relating to Articles published in the Bankstown Observer on 28th April and 5th, 12th, and 19th May 1955 together with Minutes of Proceedings of the Committee, Canberra, 1955, p.7.
5. Votes and Proceedings, 1954-55 Session, p.269-271.
6. Votes and Proceedings, 1954-55 Session, p.287-8.
7. Votes and Proceedings, 1954-55 Session, p.301.
8. NAA: A11866, Items 3 and 4.
Sources
LM Barlin (editor), House of Representatives Practice (3rd edition), Canberra, 1997 as published online at www.aph.gov.au December 2000.