Senate debates

Wednesday, 23 November 2022

Documents

Special Envoy for Disaster Recovery; Order for the Production of Documents

3:51 pm

Photo of Wendy AskewWendy Askew (Tasmania, Liberal Party) Share this | | Hansard source

At the request of Senators Cash, McKenzie and Davey, I move:

That the Senate—

(a) notes that:

(i) order for production of documents no. 33 (the order) agreed by the Senate on 8 September 2022, requiring the Minister representing the Prime Minister to table briefing notes, file notes and any written communication in relation to the Special Envoy for Disaster Recovery, has not been complied with, and

(ii) the Assistant Minister to the Prime Minister, in his response to the order, made a claim of public interest immunity on the basis that it would damage relations between the Commonwealth and states, citing concerns that disclosure of the information would harm the Commonwealth's ongoing relationship with a state government on this and future disaster recovery funding arrangements;

(b) rejects the public interest immunity claim made by the Assistant Minister to the Prime Minister, noting that:

(i) when a claim of public interest immunity is made on the basis that it would damage relations between the Commonwealth and states, the agreement of the states to disclose the information should be sought and they should be invited to give reasons for any objection, and

(ii) no such agreement has been sought, nor has the Senate been advised of any objections from the New South Wales Government; and

(c) requires the Minister representing the Prime Minister to comply with the order by no later than midday on 28 November 2022.

Photo of Tim AyresTim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | | Hansard source

I seek leave to make a short statement.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Leave is granted for one minute.

Photo of Tim AyresTim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | | Hansard source

The opposition has made its approach to orders for the production of documents pretty clear—wide-ranging fishing expeditions at the rate of more than two a sitting day so far. Its approach in government, by contrast, was also very clear. In the last parliament alone those opposite issued claims of public interest immunity in response to 40 per cent of Senate orders for the production of documents.

The former government, led by the lamentable Scott Morrison, was a conspiracy to pervert the processes and to keep things secret to protect ministers. The former government claimed public interest immunity to withhold the final report in relation to Senator McKenzie's awarding of funding under the Community Sport Infrastructure Program. They claimed public interest immunity to protect Senator McKenzie from producing documents relating to the dairy industry. They did it every day of the week that we were here. We're not going to stand a word of criticism from an opposition that should be ashamed of itself.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Senator Ayres, two issues: you need to refer to members in the other place by their correct title and I ask you to withdraw the comment you made about the former Prime Minister, without repeating the comment.

Photo of Tim AyresTim Ayres (NSW, Australian Labor Party, Assistant Minister for Trade) Share this | | Hansard source

I withdraw whatever it was I said.

Photo of Sue LinesSue Lines (President) Share this | | Hansard source

Thank you very much.

Question agreed to.