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

I want to add my remarks to those of Senator Birmingham, who has expressed adequately our concerns not only in this particular instance of the Minister for Broadband, Communications and the Digital Economy refusing a very direct and very reasonable order of this chamber but also on the broader principle of ministers reading brief statements to effectively tell the Australian Senate, which passed by majority an order for these documents to be produced, that we cannot have them and that it is just too bad.

This is a matter that this parliament is yet to resolve. When there is a clash between the executive and the parliament over the production of documents, we are left with no recourse. This is something that I have had a strong personal interest in over the last couple of years: the unresolved matter—which has been resolved in other parliaments, including other Australian parliaments—when there are orders for documents, which do not come lightly, and they are not produced. The Australian Greens certainly do not support orders unless they have merit, because we realise it is a very significant thing to do. For the minister to simply stand up and say, 'You can't have it, here are my reasons, and if you don't like them that's too bad,' is not good enough. This needs to be resolved.

Two parties went into the tender process in good faith. I can understand why Sky would be particularly aggrieved by this decision, which appears to have been a shambles from the beginning. Senator Birmingham addressed in some detail the various theories that are running around the building as to why this matter was terminated, where the leaks came from and so on. To be honest, I could not care less. My concern is that this matter should never have been put to tender in the first place; this is a function that properly should remain with the ABC, our national broadcaster. I have introduced a bill to make sure that that happens, and in the early part of next year I look forward to that gaining the assent of this chamber.

I would like to put Senator Conroy on notice that this matter will not rest here. I think this parliament and the Australian community and the parties to that tender are owed more than explanation that we just got.