Sam Dastyari (NSW, Australian Labor Party) Share this | Hansard source

I just want to reiterate the comments of my fellow senator, in that we won't be supporting this suspension of standing orders. I'm going to be very brief here because I know other senators want to speak. I want make a little bit of a point with what Senator Macdonald said a moment ago. There have been instances where governments have made a decision to release legal advice.

A government senator: After the event.

No, not only after the event. In September 2011, the Gillard government released the Solicitor-General's advice about offshore processing. In February 2000, the Howard coalition government released the Solicitor-General's advice about amendments to the Ministers of State Act. And, in August 1995, the Keating government released the Solicitor-General's advice relating to the Marks royal commission. My point is that there have been examples, both before and after events, where it has been done. There has not been a tendency at all times to do that. That's something that certainly on this side of the chamber we agree with.

I want to note that one of the arguments that was made was that no proper notice has been given for the production of documents and for the suspension motion. I would note that yesterday morning those of us on this side of the chamber came in to find out that suddenly there was a censure, or a proposal, and a suspension of standing orders.

Senator Brandis interjecting—

Only moments beforehand. So, on this idea that the notice is the issue, it is not that.

I do however believe—and I know that others of us on this side of the chamber believe—that this is an important, complicated, significant debate that needs to be had. It has to be had in a rational and timely fashion. I again congratulate the Attorney-General for the words that he spoke in this chamber last week on this matter, broadly around the section 44 matters, where he said that there is a responsibility for us to act maturely—I am paraphrasing here—without stance and in a sensible manner because the integrity of this place gets held to account with that. I believe, and I believe that those of us on this side of the chamber believe, that, while it's proper for people to make claims for documents, and we'll support them from time to time in doing that, the idea of suddenly upending the Senate to try and grandstand on this issue at this point in time would certainly not be an appropriate way of doing that. The complexity of these issues—and they are complex issues—is best served by a mature, sensible debate around these matters, and I echo the words the Attorney-General used, as did Senator Farrell, in the chamber about this matter last week.