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That brings us to the end of today’s live coverage - John Barilaro’s former senior policy adviser Joseph Brayford is giving evidence this afternoon but it will be in private.
There will be further hearings next week. In the meantime, you can read a recap of this morning’s revelations with state political reporter Lucy Cormack’s account of the third hearing.
Thanks for following along and we hope you’ll join us again next time.
Towards the end of this morning’s hearing, Labor’s Penny Sharpe pressed senior lawyer Chris Carr on whether the government still intended to convert the trade roles from public service to ministerial appointments.
Current Trade Minister Stuart Ayres last month confirmed he rejected an initial cabinet decision, made days before former premier Gladys Berejiklian resigned in October, to make the overseas roles ministerial appointments.
He said he stood by his decision to maintain a “hands-off process” and ensuring the positions remained public service appointments.
Sharpe questioned whether this was still the government’s stance.
“Can I just clarify that your understanding of the government’s position in relation to the [trade commissioner] appointments, is that they are to be ministerial appointments?,” she asked.
Last week’s inquiry heard explosive evidence from former bureaucrat Jenny West, who claimed she was told that the government’s New York trade position - later offered to former deputy premier John Barilaro - would be in fact “be a present for someone”.
“[Investment NSW boss Amy Brown] added, and I again quote, ‘you are an extraordinary performer and I am upset that this has happened’,” West said.
Nationals MP Wes Fang attempted to interrogate this claim in his line of questioning this morning.
He suggested that there were several people involved in the interview panel - such as the Public Service Commissioner and other independent figures - meaning that it was “not possible” for the government to gift the role to somebody.
“Would that be a fair thing to say?” he asked former Investment NSW general counsel Chris Carr.
While senior lawyer Chris Carr’s evidence about behind the scenes legal advice left some questions unanswered, his statements regarding his former colleague Jenny West and her near-appointment to the New York posting were more resolute.
As reported below, Carr said West’s contemporaneous file notes about a conversation the pair had in September - in which West described Carr as being “horrified” by the series of events - were not his interpretation of what happened.
Carr said he has been counselling West and offering her comfort as a colleague, but was not offering an opinion on the job itself. He said his words should have been taken with a “grain of salt” in that context.
Carr was also very clear on these matters in his opening statement to the inquiry. In case you missed it, here is what he said:
That’s a wrap on the third hearing of the NSW parliamentary inquiry into the appointment of former deputy premier John Barilaro to a $500,000-a-year trade post in the US.
As we mentioned earlier, the other two witnesses who were due to give evidence today – former Barilaro chief of staff Mark Connell and former senior policy adviser Joseph Brayford – will not appear.
Connell has declines and Brayford will give evidence in a private hearing only.
We did hear from former Investment NSW general counsel Chris Carr, who was questioned on the nature of his advice to the government about changing the trade postings from public service appointments to cabinet appointments, as well as his conversations with his colleague Jenny West.
Carr took several questions on notice, including queries about when he ceased offering advice about changing the appointment process and who gave him such instructions. This means he will have to provide details at a later date.
The inquiry has now moved on to the conversation between former Investment NSW general counsel Chris Carr and former bureaucrat Jenny West, after West was overlooked for the New York job.
Carr confirmed he had a conversation with West on September 17, after it was indicated to her that the verbal job offer for the trade post could be rescinded.
“I think she had outlined the nature of her conversation with the CEO [of Investment NSW],” Carr said.
Labor’s Daniel Mookhey asks: “Did you say that you were horrified to hear about the situation she was in and couldn’t believe what was being proposed?”
He’s referring to West’s evidence (pictured) tendered last week, of file notes she wrote last year documenting the process that ultimately ended her career as deputy secretary of Investment NSW.
The inquiry is now trying to establish the extent of senior lawyer Chris Carr’s involvement in offering advice about converting the trade commissioner roles from public service appointments to cabinet appointments.
Carr: I would categorise my involvement in this as quite limited.
Labor’s Penny Sharpe: I would disagree... There is clear there was a lot of discussion [about] the nature of these appointments and the way in which people were employed.
Sharpe asked Carr how many times he provided advice regarding the trade commissioner appointments.
Labor’s Daniel Mookhey is now questioning former Investment NSW general counsel Chris Carr about legal advice he gave regarding whether the trade commissioner roles could become ministerial appointments, as opposed to public service appointments.
Mookhey asks who made the request for that advice, and whether it came in writing.
“One of those two people would have called me,” Carr says, referring to his Investment NSW boss Amy Brown or her chief of staff.
Mookhey says this contradicts Brown’s evidence. “Ms Brown has told us quite clearly [that] this particular advice sought by the deputy premier’s office came to you directly from an advisor in the deputy premier’s office,” he said.
“Ms Brown has said quite clearly that she didn’t make the request to you and that the request came from an advisor in the deputy premier’s office.
The general counsel of the Department of Enterprise, Investment and Trade, Chris Carr, is now giving his opening statement to the committee.
“At the outset, I want to outline my limited role in these matters, and respond to inaccuracies in evidence provided so far,” he said in his opening lines.
Carr said his role at Investment NSW was usually limited to advising on contracts and discussions in the final stages of recruitment processes. He said he had limited to no contact with John Barilaro’s office – including that he had never met, spoken to, nor communicated directly with Barilaro’s former senior policy adviser Joseph Brayford.
The third day of hearings in the NSW parliamentary inquiry into the appointment of former deputy premier John Barilaro to a lucrative New York trade post kicks off at 10am and will run until about midday.
Former Investment NSW general counsel Chris Carr, a senior government lawyer, is giving evidence before the public accountability committee. Watch the hearing live here.