Nick Xenophon (SA, Independent) Share this | Link to this | Hansard source

I seek leave to amend business of the Senate notice of motion No. 1, standing in my name and in the names of Senators Griff and Kakoschke-Moore, for today concerning a reference to the Senate Standing Committee on Privileges, before asking that it be taken as formal.

Leave granted.

I amend the motion by omitting in subparagraph (a) the words 'domestic preservation orders' and substituting' domestic preservation notices'. I move:

That the following matters be referred to the Standing Committee of Privileges for inquiry and report by 14 August 2017:

(a) the implications of the use of intrusive powers by law enforcement and intelligence agencies, including in relation to electronic surveillance and metadata domestic preservation notices, on the privileges and immunities of members of Parliament;

(b) whether current oversight and reporting regimes on the use of intrusive powers are adequate to protect the capacity of members of Parliament to carry out their functions, including whether the requirements of parliamentary privilege are sufficiently acknowledged;

(c) the need for specific protocols to be developed on any or all of the following matters:

  (i) access by law enforcement or intelligence agencies to information held by parliamentary departments or departments of state (or portfolio agencies) in relation to members of Parliament or their staff,

  (ii) access in accordance with the provisions of the Telecommunications (Interception and Access) Act 1979 by law enforcement or intelligence agencies to metadata or other electronic material in relation to members of Parliament or their staff, held by carriers or carriage service providers, and

  (iii) activities of intelligence agencies in relation to members of Parliament or their staff (with reference to the agreement between the Speaker of the New Zealand House of Representatives and the New Zealand Security Intelligence Service); and

(d) any related matters.

Jacinta Collins (Victoria, Australian Labor Party, Shadow Cabinet Secretary) Share this | Link to this | Hansard source

by leave—I move:

That the following matters be referred to the Standing Committee of Privileges for inquiry and report by 14 August 2017:

(aa) whether protocols for the execution of search warrants in the premises of members of Parliament, or where parliamentary privilege may be raised, sufficiently protect the capacity of members to carry out their functions without improper interference;

(a) the implications of the use of intrusive powers by law enforcement and intelligence agencies, including telecommunications interception, electronic surveillance and metadata domestic preservation orders, on the privileges and immunities of members of Parliament;

(b) whether current oversight and reporting regimes on the use of intrusive powers are adequate to protect the capacity of members of Parliament to carry out their functions, including whether the requirements of parliamentary privilege are sufficiently acknowledged;

(c) whether specific protocols should be developed on any or all of the following:

  (i) access by law enforcement or intelligence agencies to information held by parliamentary departments, departments of state (or portfolio agencies) or private agencies in relation to members of Parliament or their staff,

  (ii) access in accordance with the provisions of the Telecommunications (Interception and Access) Act 1979 by law enforcement or intelligence agencies to metadata or other electronic material in relation to members of Parliament or their staff, held by carriers or carriage service providers, and

  (iii) activities of intelligence agencies in relation to members of Parliament or their staff (with reference to the agreement between the Speaker of the New Zealand House of Representatives and the New Zealand Security Intelligence Service); and

(d) any related matters, including competing public interest considerations.

Question agreed to.

James McGrath (Queensland, Liberal National Party, Assistant Minister to the Prime Minister) Share this | Link to this | Hansard source

I seek leave to make a short statement.

Gavin Marshall (Victoria, Deputy-President) Share this | Link to this | Hansard source

Leave is granted for one minute.

James McGrath (Queensland, Liberal National Party, Assistant Minister to the Prime Minister) Share this | Link to this | Hansard source

The government opposes this motion. The matters proposed to be referred to the Senate Standing Committee of Privileges are excessively broad in scope and extend to matters of intelligence and law enforcement oversight that are more properly dealt with in other contexts, including the Parliamentary Joint Committee on Intelligence and Security. Not only are our intelligence and law enforcement agencies already subject to robust oversight of legislation in operations; but shortly our intelligence agencies will be subject to further scrutiny in the context of the independent review into Australia's intelligence community announced by the Prime Minister on Monday, 7 November.

Jacinta Collins (Victoria, Australian Labor Party, Shadow Cabinet Secretary) Share this | Link to this | Hansard source

I seek leave to make a brief statement.

Gavin Marshall (Victoria, Deputy-President) Share this | Link to this | Hansard source

You have been given one minute.

Jacinta Collins (Victoria, Australian Labor Party, Shadow Cabinet Secretary) Share this | Link to this | Hansard source

The opposition supports this motion as amended and thanks Senator Xenophon for putting these matters before the Senate. The amendments that I have moved are on behalf of the Senate Standing Committee on Privileges. Let me say briefly that there are some matters before the committee arising out of matters we are currently considering. With the courtesy of Senator Xenophon, we have discussed those issues and amended the motion so that they fit with current work before the privileges committee.

Nick Xenophon (SA, Independent) Share this | Link to this | Hansard source

I seek leave to make a short statement of no longer than one minute.

Leave granted.

To put this on the record: this reference to the Senate Standing Committee on Privileges is about the issue of metadata domestic preservation orders and the chilling effect that such orders can have on the provision of information to members of parliament in order to enable them to carry out their functions. This is not about the executive arm of government. The issue of privilege and the work of parliamentarians ought to be a matter for the Senate to determine, and that is why this reference to the privileges committee is so important.

Gavin Marshall (Victoria, Deputy-President) Share this | Link to this | Hansard source

The question is that business of the Senate notice of motion No. 1, as amended, be agreed to.