Browne–Fitzpatrick privilege case, 1955
Encyclopedia
R v Richards; Ex parte Fitzpatrick and Browne (1955) 92 CLR
171, was a legal case which eventually limited the right of privilege of the Australian Parliament
.
On 3 May 1955, Charles Morgan
, member of the House of Representatives
for the Division of Reid
in New South Wales
, informed Parliament that an article appearing in the Bankstown Observer for 28 April 1955 had impugned his personal honour and challenged his fitness to be a Member of Parliament.
In an article headed "MHR and Immigration Racket", it was alleged that Morgan, a lawyer before entering Parliament, had engaged in corrupt schemes involving refugee migration from Europe
to Australia
before World War II
. The Bankstown Observer, a free weekly newspaper distributed throughout areas of suburban Sydney
that included the Reid electorate, was owned by Raymond Edward Fitzpatrick, a Bankstown
businessman and political rival of Morgan. Morgan ended his speech by moving that the newspaper article be referred to the House of Representatives Standing Committee of Privileges (the 'Privileges Committee') for investigation. The House approved the motion.
Over the ensuing weeks, the Privileges Committee met on a number of occasions to deal with the matter. Morgan, Fitzpatrick and Frank Browne
(the editor of the Bankstown Observer at the time) appeared before the Committee and were questioned by its members. The Committee report, presented to the House of Representatives on 8 June 1955, concluded that a breach of privilege had occurred and recommended that the House take appropriate action.
The House determined that Browne and Fitzpatrick be required to appear before the Bar of the Chamber on 10 June 1955 to answer the charges brought against them. Having heard statements from both men, the House, on a motion from Prime Minister
Robert Menzies
voted that Browne and Fitzpatrick be committed to 90 days in gaol. Subsequent appeals to the High Court of Australia
and the Privy Council
were unsuccessful and the sentences were served in the Canberra
police lock-up (while appeals were pending) and Goulburn Gaol.
The case left an 'indelible impression' on Anthony Frank Mason, junior counsel for Fitzpatrick and later Chief Justice of the High Court of Australia. In a 1996 paper, he wrote "The two men were convicted and imprisoned by Parliament for contempt of Parliament without being given an opportunity to address Parliament on the question of their guilt or innocence. They were convicted in absentia, in the absence of any specification in the warrant of commitment of the nature of the breach of privilege of which they were convicted, and after they were denied representation by counsel who was to appear on their behalf in the Committee of Privileges and in the House. As counsel who was refused leave to appear, my sense of outrage over Parliament's denial of due process and natural justice remains undimmed after a lapse of 40 years". ('A New Perspective on Separation of Powers', Canberra Bulletin of Public Administration, No.82, December 1996, 1 at 5).
Commonwealth Law Reports
The Commonwealth Law Reports are the authorised reports of decisions of the High Court of Australia. The CLR are published by the Lawbook Company, a division of Thomson Reuters...
171, was a legal case which eventually limited the right of privilege of the Australian Parliament
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
.
On 3 May 1955, Charles Morgan
Charles Morgan (Australian politician)
Charles Albert Aaron Morgan was an Australian politician. Born in Woonana, New South Wales, he was educated at Catholic schools and then at Sydney Technical College. He became a solicitor in 1920 and eventually a Labor lawyer...
, member of the House of Representatives
Australian House of Representatives
The House of Representatives is one of the two houses of the Parliament of Australia; it is the lower house; the upper house is the Senate. Members of Parliament serve for terms of approximately three years....
for the Division of Reid
Division of Reid
The Division of Reid is an Australian Electoral Division in the state of New South Wales. It is located in the western suburbs of Sydney, and includes the suburbs of Abbotsford, Auburn , Berala , Breakfast Point, Burwood , Cabarita, Canada Bay, Chiswick, Concord, Concord West, Croydon , Drummoyne,...
in New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
, informed Parliament that an article appearing in the Bankstown Observer for 28 April 1955 had impugned his personal honour and challenged his fitness to be a Member of Parliament.
In an article headed "MHR and Immigration Racket", it was alleged that Morgan, a lawyer before entering Parliament, had engaged in corrupt schemes involving refugee migration from Europe
Europe
Europe is, by convention, one of the world's seven continents. Comprising the westernmost peninsula of Eurasia, Europe is generally 'divided' from Asia to its east by the watershed divides of the Ural and Caucasus Mountains, the Ural River, the Caspian and Black Seas, and the waterways connecting...
to Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
before World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
. The Bankstown Observer, a free weekly newspaper distributed throughout areas of suburban Sydney
Sydney
Sydney is the most populous city in Australia and the state capital of New South Wales. Sydney is located on Australia's south-east coast of the Tasman Sea. As of June 2010, the greater metropolitan area had an approximate population of 4.6 million people...
that included the Reid electorate, was owned by Raymond Edward Fitzpatrick, a Bankstown
Bankstown, New South Wales
Bankstown is a suburb of south-western Sydney, in the state of New South Wales, Australia. Bankstown is located 20 kilometres south-west of the Sydney central business district and is the administrative centre of the local government area of the City of Bankstown.-History:Prior to European...
businessman and political rival of Morgan. Morgan ended his speech by moving that the newspaper article be referred to the House of Representatives Standing Committee of Privileges (the 'Privileges Committee') for investigation. The House approved the motion.
Over the ensuing weeks, the Privileges Committee met on a number of occasions to deal with the matter. Morgan, Fitzpatrick and Frank Browne
Frank Browne (journalist)
Francis Courtney "Frank" Browne was an Australian journalist.Browne was born in Coogee, New South Wales to New Zealand-born tailor Courtney Brown and Linda Veronica, née Heckenberg. He attended Christian Brothers' College in Waverley and went on to enter the Royal Military College, having failed...
(the editor of the Bankstown Observer at the time) appeared before the Committee and were questioned by its members. The Committee report, presented to the House of Representatives on 8 June 1955, concluded that a breach of privilege had occurred and recommended that the House take appropriate action.
The House determined that Browne and Fitzpatrick be required to appear before the Bar of the Chamber on 10 June 1955 to answer the charges brought against them. Having heard statements from both men, the House, on a motion from Prime Minister
Prime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...
Robert Menzies
Robert Menzies
Sir Robert Gordon Menzies, , Australian politician, was the 12th and longest-serving Prime Minister of Australia....
voted that Browne and Fitzpatrick be committed to 90 days in gaol. Subsequent appeals to the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
and the Privy Council
Privy Council of the United Kingdom
Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...
were unsuccessful and the sentences were served in the Canberra
Canberra
Canberra is the capital city of Australia. With a population of over 345,000, it is Australia's largest inland city and the eighth-largest city overall. The city is located at the northern end of the Australian Capital Territory , south-west of Sydney, and north-east of Melbourne...
police lock-up (while appeals were pending) and Goulburn Gaol.
The case left an 'indelible impression' on Anthony Frank Mason, junior counsel for Fitzpatrick and later Chief Justice of the High Court of Australia. In a 1996 paper, he wrote "The two men were convicted and imprisoned by Parliament for contempt of Parliament without being given an opportunity to address Parliament on the question of their guilt or innocence. They were convicted in absentia, in the absence of any specification in the warrant of commitment of the nature of the breach of privilege of which they were convicted, and after they were denied representation by counsel who was to appear on their behalf in the Committee of Privileges and in the House. As counsel who was refused leave to appear, my sense of outrage over Parliament's denial of due process and natural justice remains undimmed after a lapse of 40 years". ('A New Perspective on Separation of Powers', Canberra Bulletin of Public Administration, No.82, December 1996, 1 at 5).