Mathias Cormann (WA, Liberal Party, Vice-President of the Executive Council) Share this | Hansard source

In relation to the Senate order for the production of documents in general business notice of motion No. 1121, moved by Senator Rice and agreed by the Senate yesterday, I confirm for the Senate again, consistent with my letters to the President of the Senate of 19 September, 20 September and 16 October, that the government maintains its public interest immunity claim over the document referred to in the motion, on the grounds that this document informs and is the subject of cabinet deliberations which have not yet been finalised. The Ruddock report was commissioned by cabinet for the express purpose of informing cabinet deliberations in relation to a range of matters related to religious freedom. It was provided to the government in May. In due course, cabinet will finalise its response to the report's recommendations. As such, the deliberative processes of cabinet in relation to the report provided to the government by the expert panel have yet to be completed.

I hasten to add, again, that the deliberative process of cabinet does not just commence with the consideration by the full cabinet of a final submission with a final set of recommendations. The deliberative process of cabinet actually begins with the relevant minister or ministers putting together a draft submission, and the work leading up to the putting-together of a draft submission, which ultimately is destined to be considered by cabinet. Clearly the document referred to in the motion is the central input into a deliberative process of cabinet. While the report and the response have not yet been considered by the full cabinet, the report has already informed and continues to inform the deliberative process of cabinet. As is well recognised in the Westminster system, it is in the public interest to preserve the confidentiality of cabinet deliberations, to ensure the best possible decisions are made following thorough consideration and discussion of relevant proposals within cabinet. The release of this document at this time would harm the public interest, in that it would interfere with the deliberative processes of cabinet and good decision-making.

The government will release the report in due course, following proper consideration of its recommendations by government through the deliberative processes of cabinet. Indeed, we will release the report together with the government's response to it. I would also, again—as I did earlier in the week—refer the Senate to section 125(a)(iii) of the Cabinet Handbook, which makes clear that cabinet documents are any material, relevantly, that is prepared for the purposes of informing the cabinet. For example, it says they include:

Any other papers prepared for the consideration by or for the information of ministers in a Cabinet or committee meeting, such as letters or reports, regardless of whether these documents are circulated in advance of the meeting or provided in the Cabinet Room …