Libs’ KPI threat unlawful, warns barrister

Veteran criminal barrister Mark Trowell has warned the Liberal Party WA that a proposal to force members of parliament to resign unless they meet key performance indicators would be against the law.

A motion supporting the KPI model will be raised at the party's state executive meeting on Saturday, just hours before a gathering of the Liberals' state council debates proposed changes to party rules.

But Mr Trowell, who was the co-author of last year's scathing review into the party's state election wipe-out, has sent a letter about the motion to Liberal president Richard Wilson, state director Stuart Smith, leader David Honey and constitutional and drafting committee chair Tim Houweling.

"Such a motion would be contrary to basic Liberal principles of freedom of speech and the independence of MPs," Mr Trowell wrote. 

"More critically, there is the prospect that the party, and its office bearers, may commit a criminal offence contrary to section 61(2) of the Criminal Code."

It's understood that part of the KPI motion includes pre-selected MPs agreeing in writing to resign should a committee decide they have not met their performance targets.

In his letter, Mr Trowell, who has been involved in some of the state's highest-profile criminal trials, quoted the potential offence committed.

"Any person who attempts, directly or indirectly, by fraud, or by threats or intimidation of any kind, to influence a member of either House of Parliament in his vote, opinion, judgment, or action, upon any such question or matter, or to induce him to so absent himself, is guilty of a crime, and is liable to imprisonment for seven years," he wrote.

"I thought given the serious nature of the issue that I should raise it with you before state executive/council makes a terrible mistake by adopting it."

Other party rule changes being raised at the weekend council meeting will clarify who is permitted to speak with the media on "any party matter", which refers to "any information, knowledge, understanding or awareness of anything" party related whether it's "secret" or in the public arena.

This follows months of bitter internal arguments about reforms, which have spilled into the public area.

The tensions appear to centre on two groups within the party. One has been dubbed 'the Clan' on the back of a WhatsApp chat group of the same name, which featured senior LIberal figures, including upper house MPs Nick Goiran and Peter Collier.

Their rivals are stalwarts of the party, such as former president Norman Moore and former opposition leader Bill Hassell.

Dr Honey said yesterday he didn't believe the KPI motion would progress.

"I think the real recommendation will be to form a committee to look at that," he said. 

"Let’s see what comes forward, but I can’t see that getting legs."

Mr Trowell said any threat around KPIs would also make it more difficult to attract election candidates.

"It just adds to the perception that the Liberal Party is out of touch with the community, whatever claims it has made about having reformed," he wrote.