Nick McKim (Tasmania, Australian Greens) Share this | Hansard source

Governments should be of the people and for the people; that is a fundamental democratic principle. Part of that fundamental democratic principle is respecting the right of the people to have access to information that underpins government decision making. This government uses public interest immunity claims almost reflexively to deny not only this chamber and members of the Senate but the Australian people the capacity to hold them to account and to more fully understand information on which the government's decisions are made. Nowhere is this more obvious than in the immigration portfolio around what the government describes as 'on-water matters'. The government also regularly uses public interest immunity claims to draw a veil of secrecy over the horrors of what is happening to people on Manus Island and Nauru who remain in Australia's duty of care.

We've had a quick look at the letter provided to the Senate today by Minister Cash. The Greens, on face value, do not accept the claim of public interest immunity made in that letter. It is quite clearly outside the grounds laid out in Odgers, as Senator Patrick has stated, and in fact—again, as Senator Patrick has stated—falls clearly within the grounds that ought not, under precedents set by this chamber in the past and advice from the Clerk to this chamber in the past, be accepted by this chamber. We stand ready to work with this Senate to ensure that the information that the government is continually trying to keep secret is made public, and we do that on behalf of our democracy, on behalf of the people who put us into this place with their votes and on behalf of the supremacy of the parliament over the executive government. We will work across party lines to ensure that claims like this are tested and to ensure that, where the Senate does not accept claims of public interest immunity, further action is taken on behalf of the right of the Australian people to have the capacity to more fully understand decisions the government makes.