Senator BIRMINGHAM (South Australia—Leader of the Opposition in the Senate) (14:56): I seek leave to move a motion relating to the censure of the Minister for Finance as circulated in the chamber: That the Senate— (a) notes: (i) that the Albanese Government promised before the last election, and on numerous occasions since, that it would display a new era of integrity and transparency, and (ii) ministerial accountability to this Chamber is a cornerstone of our Parliamentary process and an essential responsibility of all Ministers of the Crown; and (b) censures the Minister for Finance for: (i) stating at Senate Estimates on 4 June 2021 that "no one had any knowledge" of an alleged sexual assault in Parliament House before those allegations became public on 15 February 2021. (ii) subsequently telling the Senate on 13 June 2023 that "I was provided with information in the days before the allegations were first reported." (iii) continually refusing to acknowledge this blatant and wilful act of misleading the Senate. (iv) failing to take responsibility for misleading the Senate by appropriately apologising and correcting the record. Leave not granted. Senator BIRMINGHAM: Pursuant to contingent notice of motion standing in my name, I move: That so much of the standing orders be suspended as would prevent me from moving a motion to provide for the consideration of a matter, namely, a motion to give precedence to a motion of censure of the Minister for Finance, Senator Gallagher. The facts are clear, Senator Gallagher has misled the summit. Government senators interjecting— The PRESIDENT: Senator Birmingham, please resume your seat. Order on my right! Senator Birmingham, please continue. Senator BIRMINGHAM: The facts are clear: Senator Gallagher has misled this Senate. Despite being given ample opportunity over the last two weeks to acknowledge that reality and to do the right thing by appropriately apologising and appropriately correcting the record, Senator Gallagher has instead obfuscated, avoided and outright refused to acknowledge that reality. The facts are very clear. At Senate estimates on 4 June 2021, Senator Gallagher stated that no-one had any knowledge of an alleged sexual assault in Parliament House before those allegations became public on 15 February 2021. That was a statement made in a tone full of indignation. 'How dare you!' Senator Gallagher said at the time she made that statement. Then last week, on 13 June, Senator Gallagher confirmed: I was provided with information in the days before the allegations were first reported … That was not, as Senator Gallagher just said then, a 'heads-up'— Senator Gallagher: That's correct. Senator BIRMINGHAM: but 'information'. Having said that no-one had any knowledge, she then acknowledged that, indeed, she had been provided with information. This is an open-and-shut case of misleading this Senate and this parliament. This debate right now, and many of the questions over the last two weeks, could have been avoided had Senator Gallagher simply acknowledged this blatant act of misleading the Senate. It could have been— Honourable senators interjecting— The PRESIDENT: Senator Birmingham, please resume your seat. Order in the chamber, particularly on my right! Senator Birmingham, please continue. Senator BIRMINGHAM: It could have been avoided had Senator Gallagher taken responsibility for misleading the Senate by appropriately apologising and correcting the record. Those opposite continue to deny that there was— Hono urable senators interjecting— The PRESIDENT: Senator Birmingham, please resume your seat. Senator Hughes interjecting— The PRESIDENT: Senator Hughes, I have just called the chamber to order. That includes you. Honourable senators interjecting— The PRESIDENT: Senator Urquhart! Order across the chamber! Senator Hughes, you are being disorderly and disrespectful. Senator BIRMINGHAM: Don't take my word for the fact that the misleading is there and is clear for all to see; take the analysis that has been repeated time and time again across the press gallery. Last night David Crowe was crowned as the latest press gallery journalist of the year. What has he written? Quote: 'Katy Gallagher misled parliament'. A further quote is 'Gallagher's own words show how she misled a Senate committee in June 2021'. Phillip Coorey, from the Financial Review—finance minister Katy Gallagher was exposed 'as misleading parliament'. Indeed, I can quote some of the longest serving journalists who have covered politics in this country. Paul Kelly—quote: 'It is obvious Gallagher misled the parliament.' How about Michelle Grattan, then? Gallagher's claim 'was wrong, and therefore misled parliament'. Journalist after journalist and observer after observer have all come to the same conclusion based on the same facts, and that conclusion is that Senator Gallagher misled this parliament. Why does this matter? As Senator Gallagher herself said to the Senate, amongst the many hundreds of questions that she sought to ask over this matter—she said to Senator Reynolds: 'You have a responsibility to the Senate.' Senator Gallagher, you too have a responsibility to the Senate, and what is that responsibility— Honourable senators interjecting— The PRESIDENT: Order! I am not going to constantly interrupt senators on their feet to call the chamber to order. Senator Birmingham, I also remind you to make your remarks to the chair. Senator BIRMINGHAM: What is that responsibility to the Senate? It is, as the Prime Minister's Code of Conduct for Ministers says at section 4.1, to 'take all reasonable steps to ensure that they do not mislead the public or the parliament'. Senator Gallagher says that she has always acted ethically, but an ethical approach would be, firstly, to not mislead. An ethical approach would be, secondly, to own up if you have misled, to apologise if you have misled and to appropriately correct the record if you have misled. Senator Gallagher has failed on each and every one of those tests. These are serious issues, and there are associated issues that go to questions of how the tragedy of an alleged sexual assault was politicised, but those matters are not before us today. It is the simple issue of misleading the Senate. No matter the views of senators on other matters, this Senate should not stand for being misled. It should send a message clearly by censuring Senator Gallagher.