Louise Pratt (WA, Australian Labor Party, Shadow Parliamentary Secretary for the Environment, Climate Change and Water) Share this | Link to this | Hansard source

Mr President, my question this afternoon is to the Attorney-General, Senator Brandis. In evidence to the Senate Legal and Constitutional Affairs References Committee, the Attorney-General has refused to say whether or not his office asked that a direction be drafted to prevent the Australian Taxation Office from intervening in the Bell Group litigation, at a potential cost to the taxpayers of $300 million.

Christopher Back (WA, Liberal Party) Share this | Link to this | Hansard source

We did this last night, Louise. It's all over.

Louise Pratt (WA, Australian Labor Party, Shadow Parliamentary Secretary for the Environment, Climate Change and Water) Share this | Link to this | Hansard source

Last night the ATO advised the committee that around 4 March last year they were told by officers—

Christopher Back (WA, Liberal Party) Share this | Link to this | Hansard source

You keep flogging a dead horse and it's still dead.

An opposition senator: You wish it was dead!

Louise Pratt (WA, Australian Labor Party, Shadow Parliamentary Secretary for the Environment, Climate Change and Water) Share this | Link to this | Hansard source

Mr President, I think Senator Brandis deserves to be able to hear the question.

Stephen Parry (President) Share this | Link to this | Hansard source

Yes, and there needs to be quiet on both your side and the side of the government. Order!

Louise Pratt (WA, Australian Labor Party, Shadow Parliamentary Secretary for the Environment, Climate Change and Water) Share this | Link to this | Hansard source

Last night the ATO advised the committee that around 4 March last year they were told by officers from Treasury and the Australian Government Solicitor that such a direction was being considered. Did your office ask that a direction to the Australian tax office be drafted? Yes or no.

Stephen Parry (President) Share this | Link to this | Hansard source

Point of order, Senator Back?

Christopher Back (WA, Liberal Party) Share this | Link to this | Hansard source

Yes, point of order: the Hansard from last night's proceedings will confirm that what the senator just said is incorrect.

Stephen Parry (President) Share this | Link to this | Hansard source

This is not a point of order; this is a debating point.

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

Mr President, I did not see the proceedings yesterday, but I have read an account of it and I have been briefed on it. I can confirm that, as Senator Back just pointed out, what Senator Pratt has said is false.

Stephen Parry (President) Share this | Link to this | Hansard source

Senator Pratt, a supplementary question.

Louise Pratt (WA, Australian Labor Party, Shadow Parliamentary Secretary for the Environment, Climate Change and Water) Share this | Link to this | Hansard source

Why has the Attorney-General continued to frustrate the committee's deliberations by refusing to answer whether or not his office asked for a direction to be drafted? I ask again: did your office ask that a direction to the ATO be drafted? Yes or no.

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

Mr President, I have dealt with this at great length, and I have nothing to add to what I have already said.

Stephen Parry (President) Share this | Link to this | Hansard source

Senator Pratt, final supplementary question.

Louise Pratt (WA, Australian Labor Party, Shadow Parliamentary Secretary for the Environment, Climate Change and Water) Share this | Link to this | Hansard source

Why is it that at every turn, the Attorney-General obfuscates and attempts to duck the scrutiny of the Senate? What is he so afraid of?

George Brandis (Queensland, Liberal Party, Attorney-General) Share this | Link to this | Hansard source

Mr President, it is the case, as the honourable senator being the chairman of that committee would know, that certain public interest immunity objections were taken in relation to the protection of legal advice given to the government. Those objections, which are the standard objections that have always been taken by the executive government and have been taken by Attorneys-General of both sides of politics, including, for example, the Hon. Gareth Evans, are a standard form of response where a question seeks to know of the legal advice given to the Commonwealth. Those objections were taken on advice, Senator Pratt. They were taken on advice.