Jenny McAllister (NSW, Australian Labor Party, Minister for the National Disability Insurance Scheme) Share this | Hansard source

The senator asks essentially about war powers. Those who have served in this chamber for some time will know that this is an issue that has been well canvassed in this Senate. Most recently, the Joint Standing Committee on Foreign Affairs, Defence and Trade undertook an inquiry into international armed conflict decision-making. This was a serious piece of work, and the government has responded to that work. I think Senator Shoebridge probably understands the parameters of that response, because he's asked questions about this in other forums before. But, for other senators, the Deputy Prime Minister has made it clear that it is appropriate that decisions to enter into international armed conflict and the deployment of the ADF overseas remain a prerogative of the executive. In practice, that is a power that is exercised collectively by the National Security Committee of the cabinet, and that was recognised by the committee in its recommendations on 31 March 2023.

Senator Shoebridge's question went to a series of hypotheticals. He seeks to speculate whether, if this committee was formed, these kinds of matters would be referred to the committee. I can simply say that the powers of the committee are set out. Equally, the government's approach to decision-making in relation to international armed conflict has also been set out in the response that we made to that inquiry undertaken by the joint standing committee. I can add, of course, that our government acknowledges that the executive prerogative can and must coexist with the important role that parliament has in holding the executive to account for decisions taken. There must be an appropriate balance between enabling the government of the day to respond to challenges to our national interest and security whilst ensuring that parliament has effective mechanisms to examine and debate those decisions.