A suspended NSW Labor MP has been accused of helping the premier "trash" democracy by trying to close down the inquiry into the state power sale.
NSW Opposition Leader Barry O'Farrell called for upper house president Amanda Fazio to "back off and allow this inquiry to proceed".
Ms Fazio was suspended from the Labor party in October after crossing the floor on a bill dealing with sale of pornography.
She was on a goodwill visit to Pakistan when parliament was prorogued abruptly before Christmas, just before the inquiry was established.
She now has "serious concerns about legal and constitutional issues concerning the inquiry", she said in a statement.
They related to parliamentary privilege and potential claims for damages from witnesses if they are sued for defamation or breaches of commercial-in-confidence matters because of evidence they have given.
Ms Fazio said she will seek advice from the Clerk of the Parliaments and the Crown Solicitor.
But on Tuesday, Mr O'Farrell told journalists there was no need for Ms Fazio to seek fresh advice from the Clerk of the Legislative Council.
Only a week ago, the clerk gave the committee advice that it could proceed and legally hold the inquiry, he said.
And he repeated the pledge to pass retrospective legislation to protect inquiry witnesses if the Liberals and Nationals won the election.
"(Ms Fazio) is trying to assist (premier) Kristina Keneally to close down this inquiry," he said.
"It is unacceptable, it is a trashing of democracy, it is a trashing of conventions.
"(it's) just another example of Labor prepared to do anything to keep this information away from the public before election day in March."
He said the public had the right to know the facts surrounding the "secretive quarter-to-midnight" electricity sell-off, including the impact on future power bills.
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