Senate debates

Wednesday, 18 November 2009

Questions without Notice

Asylum Seekers

2:46 pm

Photo of Scott RyanScott Ryan (Victoria, Liberal Party) Share this | | Hansard source

My question is to Senator Evans, the Minister representing the Prime Minister. I refer to the Prime Minister’s claim that he was unaware of the special deal given to the asylum seekers on the Oceanic Viking, despite the fact that members of his personal staff were present at the cabinet subcommittee meeting at which the special deal was authorised. Were the Prime Minister’s staff participating in that meeting on behalf of the Prime Minister or were they present in their own right as members of his staff?

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

I will deal with the premise of the question first. There is no special deal involved in this matter. There was a negotiation between the government of Australia and the government of Indonesia.

Opposition Senators:

Opposition senators interjecting

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

If you actually listen, you will follow it. There was agreement between the Australian government and the Indonesian government on how those who disembarked from the Oceanic Viking would be handled. That arrangement was codified, it was shown to those on board the vessel and, as you know, it was made publicly available, with the Prime Minister tabling it in the parliament.

With reference to the specific question, the management of these events has been with the border protection committee of cabinet, which is chaired by me. There have been meetings of that committee and there have been meetings involving the lead ministers and staff in managing these matters. The meetings have obviously been frequent and that group was responsible for finalising the details of the arrangements to be put in place. There were, at various times, staff from the Prime Minister’s office at meetings of the border protection committee and with ministers as we finalised those details, but principally the lead was provided by me and my department on immigration processes and by the Minister for Foreign Affairs, Mr Smith, in relation to negotiations with the Indonesian government about arrangements in Indonesia. So we have processed the Australian government’s response in that way and that is continuing at the moment. (Time expired)

Photo of Scott RyanScott Ryan (Victoria, Liberal Party) Share this | | Hansard source

Mr President, I ask a supplementary question. I refer to the Code of Conduct for Ministerial Staff and, in particular, section 12, which states that ministerial staff must:

Recognise that executive decisions are the preserve of Ministers and public servants and not ministerial staff acting in their own right.

Will the minister explain to the Senate the exact role and level of involvement of the Prime Minister’s staff at the cabinet committee meeting and in subsequent developments?

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

I am not sure what any of this has to do with the Code of Conduct for Ministerial Staff.

Photo of Eric AbetzEric Abetz (Tasmania, Liberal Party, Deputy Leader of the Opposition in the Senate) Share this | | Hansard source

He just quoted it.

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

I know he quoted it, Senator Abetz. If you want to ask a question, get up, but in the meantime I would like to answer the question.

Opposition Senators:

Opposition senators interjecting

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

Continue to answer the question. Ignore the interjections.

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

I do not understand the relevance of the reference to the Code of Conduct for Ministerial Staff. I reiterate what I just told him, which is that the border protection committee had responsibility for these matters and that the senior ministers involved have been managing the issues. Mr Smith, Mr O’Connor, the Minister for Home Affairs, and I have been the lead ministers because we have had an active interest in the matter—the relationship with the Indonesian government, the immigration processes and, for Mr O’Connor, the Oceanic Viking, because it is part of the customs and border protection portfolio. The responsibility inside government lies with the border protection committee which I chair. (Time expired)

Honourable Senators:

Honourable senators interjecting

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

Wait a moment, Senator Ryan. You are entitled to be heard in silence.

Photo of Scott RyanScott Ryan (Victoria, Liberal Party) Share this | | Hansard source

Mr President, I ask a further supplementary question. I note, in the preface to this question, that it was the Prime Minister himself who corrected the record about the involvement of staff in this process. Given that our micromanaging Prime Minister apparently does not know what his personal staff are doing on an issue of such national significance, can the minister tell the Senate what obligations ministerial staff have to bring their own activities to the attention of their ministers? In particular, has any member of the Prime Minister’s staff being counselled in relation to their failure to tell the Prime Minister about their involvement in developing this special deal as other members of his staff and, indeed, members on that side of the House, have been counselled in the past?

Photo of Chris EvansChris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | | Hansard source

I think the senator has got a bit confused. What I have made clear is that responsibility for these matters lies with the ministers who serve on the Border Protection Committee and the relevant ministers. I made it clear to him that the ministers take responsibility through the Border Protection Committee. Mr Smith, Mr O’Connor and I are the ones directly involved. The decisions and the authorisations have been taken by us, not by staff. The responsibility of staff does not come into it. We have taken responsibility for those decisions through the Border Protection Committee of cabinet and through meetings of the ministers on a day-to-day basis dealing with the issues of old. We take responsibility for and have authorised the actions of the Australian government in relation to these matters.