Senate debates

Wednesday, 24 June 2009

Privilege

6:46 pm

Photo of John HoggJohn Hogg (President) Share this | | Hansard source

Senator Ludwig has raised under standing order 81, by letter dated 24 June 2009, another matter of privilege in relation to the hearing of the Economics Legislation Committee on 19 June 2009. The matters he raises are whether misleading evidence was given at the hearing and whether the committee was misled by the use of a false document as a basis for questioning in the committee. These matters have been the subject of extensive recent public comment.

Resolution 6 of the Senate’s Privilege Resolutions provides that the giving of false or misleading evidence by a witness before a committee may constitute a contempt of the Senate. The other matter raised, the alleged use of a false document as a basis for questioning in the committee, is not explicitly referred to in that resolution, but, as Senator Ludwig suggests, may be held to fall within the general provision at the beginning of the resolution relating to improper interference with the free exercise by the Senate or a committee of its authority.

As with allegations of interference with witnesses, the Senate and the Privileges Committee have always taken very seriously any suggestion that false or misleading evidence has been given to a committee, and this has been demonstrated by several cases considered by the committee over many years.

On these precedents, I believe that the Senate and the committee would also regard as a serious matter any suggestion of general misleading of a committee in the course of its proceedings.

The matters raised meet the criteria I am required to consider in determining whether to give precedence to a motion to refer the matter to the Privileges Committee. I therefore give precedence to such a motion. I table the letter from Senator Ludwig. Notices of motion may now be given.