When the Labour Party starting forming governments in Queensland, it found much of its legislation being blocked by a hostile Council, where members had been appointed for life by successive conservative governments. After a failed referendum in May 1917,[4] Premier Ryan tried a new tactic, and later that year advised the Governor, Sir Hamilton John Goold-Adams, to appoint thirteen new members whose allegiance lay with Labour to the Council.[5]
In 1920, the new Premier Ted Theodore appointed a further fourteen new members to the Council[6] with McPhail amongst the appointees.[1] He served for seven months before resigning in September 1920 only to be reappointed fourteen months later and remaining in the Council until it was abolished in March 1922.[1]