Senate debates

Thursday, 10 November 2011

Questions without Notice

Australia Network

2:51 pm

Photo of Gary HumphriesGary Humphries (ACT, Liberal Party, Shadow Parliamentary Secretary for Defence Materiel) Share this | | Hansard source

Mr President, my question is to the Minister for Broadband, Communications and the Digital Economy, Senator Conroy. I refer the minister to his statement in the Senate on Tuesday regarding the corrupted Australia Network tender process emphasising that, 'at all times the government has acted within the terms and conditions of the tender process'. Has the government had independent advice to confirm that it has, as claimed, acted at all times within the terms and conditions of the tender process? From whom has the government received the advice? When was it provided? If there is no such advice, on what basis or on whose assessment has the minster concluded that the government has acted at all times within the terms and conditions of the tender process?

2:52 pm

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

The overall probity of the tender process was the Australian Government Solicitor. I myself had a legal adviser from the AGS who gave us the advice. As to the date, I would probably have to take it on notice as to exactly what that date was. But we used the Australian Government Solicitor.

Photo of Gary HumphriesGary Humphries (ACT, Liberal Party, Shadow Parliamentary Secretary for Defence Materiel) Share this | | Hansard source

Mr President, I ask a supplementary question. I thank the minister for confirming that the Australian Government Solicitor has advised that at all times the government has acted within the terms and conditions of the tender process. I ask—

Government Senators:

Government senators interjecting

Photo of Gary HumphriesGary Humphries (ACT, Liberal Party, Shadow Parliamentary Secretary for Defence Materiel) Share this | | Hansard source

That is what I think he said.

Government senators interjecting

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

Order! You need to ask a question. You need to get to the question. You should not give a preamble to your question.

Photo of Gary HumphriesGary Humphries (ACT, Liberal Party, Shadow Parliamentary Secretary for Defence Materiel) Share this | | Hansard source

If I have misunderstood the answer, I would be grateful if the minister would clarify what it was he did say. Does the minister accept that responsibility for this debacle must lie somewhere within the government?

2:53 pm

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

The Australian Federal Police are conducting the investigation into the leak. As for your political slandering of anyone you can try to drag in, the Australian Federal Police are investigating this and we await their report. But the premise of your question we reject utterly.

2:54 pm

Photo of Gary HumphriesGary Humphries (ACT, Liberal Party, Shadow Parliamentary Secretary for Defence Materiel) Share this | | Hansard source

Mr President, I ask a further supplementary question. Has the government received any indication from either bidding party that they may seek to recoup from the government the costs of their participation in these two failed tenders? If so, will he table that correspondence?

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

I think you can read about it in one of the organs of News Limited; it is fairly widely available. Yes, I have received a letter which indicated—

Opposition Senators:

Opposition senators interjecting

Photo of Stephen ConroyStephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Government in the Senate) Share this | | Hansard source

It is a confidential letter. It is a private letter that has gone to the department. I am not sure I am in a position to release a private letter. It has been referred to, I think, in a number of articles. As to the question of cost, I repeat the statement I made on Tuesday: we are considering all of the issues as part of the ongoing consideration by cabinet of the Australia Network contract.