The reason the Labor and Liberal Members of the Assembly agreed to an inquiry into Section 22 was to give those named by Independent MLA Michael Moore a chance to clear their names.
In the earlier debate Mr Moore said there was “”a smell” involving departmental and developer “”mates” who drank at the Kingston pub. He named one of the principals of Bobundra Pty Ltd, the Sector 22 developer, Peter Phillips, who is also the chair of the ACT Electricity and Water, and the secretary of the Department of Land Planning and Environment, Jeff Townsend, among others.
Those named have got every right to be aggrieved by this inquiry. Very simply, they were not given a chance to clear their names. Mr Todd skipped the issue. It seems incredible that he has narrowed his inquiry to planning issues when it is obvious from the most cursory reading of the Assembly debate that the main reason for the inquiry was to give them that chance. I believe both Mr Phillips and Mr Townsend pressed him to widen his inquiry so they could clear their names.
Once Mr Moore had raised these questions in the Assembly, in fairness to those named, they should have been given a chance to show that the redevelopment process was above board and that any increased land value in the change of purpose from single to medium density was properly retained in the public purse.
That boils down to a couple of essential questions: Did the developer receive at any stage any advantage from any inside knowledge from government sources? Did the developer receive any hint from anyone in Government that a redevelopment proposal would likely get approval before the developer bought the blocks?
Of course, as Mr Todd pointed out, an inquiry like that could not take place without having privilege and being able to compel witnesses.
As it is, it is unsatisfactory. Mr Todd did not find any evidence of impropriety, but then he did not look. And because he did not look and was not given the power to look, those named by Mr Moore are left in the unsatisfactory position of not being able to demonstrate that all that was done, was done properly.