Senate debates

Monday, 15 October 2018

Questions without Notice

Religious Freedom Review

2:11 pm

Photo of Louise PrattLouise Pratt (WA, Australian Labor Party, Shadow Minister for Environment and Water (Senate)) Share this | | Hansard source

My question is to the Minister for Finance, Senator Cormann. On 20 September, the Senate passed a second motion ordering the production of the report by the Religious Freedom Review Expert Panel. In refusing to comply with the order, the minister told the Senate that the report 'has been received by cabinet'. Does the minister stand by this statement?

Photo of Mathias CormannMathias Cormann (WA, Liberal Party, Vice-President of the Executive Council) Share this | | Hansard source

Yes, I do. It is a matter of public record that this report was commissioned by the cabinet for the purposes of informing cabinet deliberation on how to deal with the very important issue of how to appropriately calibrate the protection of religious freedoms in Australia. The report was received in May. That is also a matter of public record. I would also just point out to the Senate that the deliberative process of cabinet does not just commence with the consideration of a final recommendation by cabinet. It, indeed, commences with the relevant minister turning his mind to the preparation of a cabinet submission and putting forward relevant recommendations. I refer you in particular to section 125(a)iii of the Cabinet Handbook, which is on the public record, which is in relation to cabinet documents. It makes very clear that cabinet documents are any materials 'prepared for the purpose of informing the cabinet'—which this, of course, was—and 'any other papers prepared for the consideration by or for the information of ministers in a cabinet or committee meeting, such as letters or reports, regardless of whether these documents are circulated in advance of the meeting or provided in the Cabinet Room'.

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

Senator Pratt, a supplementary question.

2:13 pm

Photo of Louise PrattLouise Pratt (WA, Australian Labor Party, Shadow Minister for Environment and Water (Senate)) Share this | | Hansard source

Last week, Prime Minister Morrison said the report 'hasn't been considered by cabinet'. Treasurer Frydenberg additionally said:

The report hasn't even been considered by Cabinet …

Who is correct—Prime Minister Morrison and Treasurer Frydenberg or the Minister for Finance?

Photo of Mathias CormannMathias Cormann (WA, Liberal Party, Vice-President of the Executive Council) Share this | | Hansard source

There is no inconsistency between the statements by Prime Minister Morrison and—

Opposition Senators:

Opposition senators interjecting

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

Order on my left! I need to be able to hear the minister's answer.

Photo of Mathias CormannMathias Cormann (WA, Liberal Party, Vice-President of the Executive Council) Share this | | Hansard source

I'm a non-English-speaking-background humble immigrant, but what I would put to you is that I do understand the difference between the word 'received' and the word 'considered'. Let me confirm again for you in plain English: the report was received by the cabinet in May and, indeed, the deliberative process of cabinet commences with the consideration of that report as a very important input to the cabinet deliberation by the relevant and responsible minister, which, on this occasion, is the Attorney-General. That is the same process that applied under the previous government and, indeed, under governments of both political persuasions. There is actually nothing new in this. If you look at the Westminster tradition, going back hundreds of years, you will find that that is entirely consistent. (Time expired)

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

Senator Pratt, a final supplementary question.

2:14 pm

Photo of Louise PrattLouise Pratt (WA, Australian Labor Party, Shadow Minister for Environment and Water (Senate)) Share this | | Hansard source

When will the government finally release the report of the Religious Freedom Review Expert Panel? And why doesn't the government think the voters of Wentworth deserve to know what the government is considering before they vote on Saturday?

Photo of Mathias CormannMathias Cormann (WA, Liberal Party, Vice-President of the Executive Council) Share this | | Hansard source

The government's position on this has been very clear and consistent for some time. I have made the point in the Senate before, and indeed others have, that we will be releasing the Ruddock review at the same time as we release the government's response to it. Let me just make this very important point. These are obviously sensitive issues in the community, and on our side of parliament we want to bring Australians together. We don't want to turn Australian against Australian. What I would put to you is: let's deal now with the issue we all agree on. We all agree that there should be no discrimination in relation to students from religious non-state schools on the basis of their sexuality. Let's deal with that and let's go through a proper process to ensure that we land on an appropriately balanced position that brings the community together rather than turning Australian against Australian. (Time expired)