Scott Ludlam (WA, Australian Greens) Share this | Hansard source

Before we hear Senator Cormann’s comment, just so that the chamber is very much aware of what this motion relates to: the difference of opinion that has arisen between the Clerk and the Information Commissioner as to his powers under the act is not really the question. The fact is that this chamber should be given access to whichever documents it sees fit. There have been a number of orders for production put through this chamber in recent months that the government has defied. The one that is before the chamber at the moment is in relation to the National Broadband Network business plan. Senator Cormann is pursuing others. All of us in this chamber put these sorts of motions through, for different reasons, from time to time.

I would like to point out that the opposition had 12½ or 13 years to move this kind of instrument through, and they did nothing. When the Greens put a draft motion for this proposal through the Senate Finance and Public Administration Legislation Committee earlier this year, we got a resounding, very ill-informed and badly thought-out rejection from both sides of politics. While I respect Senator Cormann’s right to move a motion such as this through the chamber, which the Greens will be supporting, this is utterly dripping with hypocrisy. This proposal was contained in the Australian Greens agreement with the Prime Minister which was a very important part of Ms Gillard’s ability to form government in the first place. We will continue to pursue that with the government. We would like to see this situation resolved so that a minister, for whatever reason, can no longer defy this chamber or the House of Representatives when there is an order for production. It is a very serious matter for a minister to defy such an order. We would like to see an independent umpire set up, and we believe the Information Commissioner is the proper place for that. Whether it is explicitly stated in his or her act or not is entirely beside the point. The chamber should be given access to this material when it is asked for. It should not take the word of the minister that it is commercial–in-confidence or whatever the excuse of the day is.

We want this independent arbitration mechanism put in place, as it has been in New South Wales for years. We look forward to the resolution of these matters as soon as we can.