The government is defying the senate and ignoring its orders for the production of documents. That is contempt and must be punished as such by the Senate.
In this speech I made it clear to the Coalition and to the Greens, if they are serious about orders for the production of documents, about the explanations for refusing, about transparency and accountability, and if they’re serious about being the House of Review, then bring on a motion of contempt or censure. We will support it.
I will be proposing an amendment to Standing Orders in relation to the production of documents. Senators should assess public immunity claims and be able to decide if they are genuine. That assessment can be done confidentially so that the public interest is still protected.
No more slaps on the wrist in response to the callous disregard for the orders of this Senate on behalf of the people the Senate represents. It’s time to enforce the will of the Senate on behalf of the people of Australia.
Transcript
Unfortunately, we are here again for yet another slap on the wrist. This government continues to defy the orders of the Senate. There is no other word for this behaviour. It is contempt. It’s time that the Senate started treating contempt with real punishments. Orders for the production of documents are a vital part of our democratic process. The Senate is constitutionally superior to every law or excuse that government might try to use to justify not handing over documents.
Right now, we’re stuck in an ineffective cycle. The Senate makes an order demanding that the government table documents. The government may have a different opinion, yet these orders are not optional. They’re Senate orders. The government defies the Senate anyway and refuses to hand over the documents. The Senate makes even more orders, rejecting the excuses from the government and affirming that the documents must be produced. The government yet again ignores the Senate’s orders. That, ladies and gentlemen, is called contempt. We must punish it as such. Instead the minister is hauled in here for 15 minutes to give more excuses, and everyone lines up to give them a slap on the wrist and call them a naughty boy or a naughty girl. At the end, the minister sits down pretty chuffed with themselves because they haven’t had to hand over any documents and haven’t suffered any real punishments.
I say to the coalition and to the Greens: if you are serious about orders for the production of documents, about the explanations, about transparency and accountability, about being the house of review and about serving the people, bring on a contempt motion against the minister. We don’t need a referral to the Privileges Committee to tell us whether it is contempt or not. The minister is now in direct defiance of multiple orders from the Senate. Bring on a motion of contempt or censure, and you will have our support.
I foreshadow that I will be introducing, before the end of this year, a confidential process to review documents where any public interest immunity is raised, such as these documents. Public interest immunities are raised on the basis that sensitive information should not be released to the public. Whenever the government makes that claim, it needs to be assessed. Senators should assess public interest immunity claims. That assessment can be done confidentially so that the public interest is still protected. I’ll say it again: that assessment by the senators can be done confidentially so that the public interest is still protected.
To this end, I will be proposing an amendment to standing orders in relation to orders for the production of documents. This would trigger a formal process whenever a minister wishes to raise a public interest immunity claim. This process would require the relevant minister to explicitly outline to the Senate the actual harm that they say would flow from releasing information to the public, who we are supposed to serve. The minister would then be required to confidentially produce the documents to a Senate committee, where the documents would be made available only to senators for confidential viewing purposes. The Senate chamber as a whole would be able to confidentially make an assessment of the public interest immunity claim and whether or not there is any merit to it. If the minister does not comply with the process, it will be very obvious that the public interest immunity claim is not genuine. The Senate can then be more confident in applying sanctions such as censure and contempt. This would be fair to everyone.
This government continues to show callous disregard for the orders of this Senate on behalf of the people we represent. It’s time the Senate punishes such behaviour appropriately. No more slaps on the wrist. Instead enforce the will of the Senate, acting on behalf of our constituents, the people of Australia.
Thank you Malcolm!! Please keep pursuing this line. It is absolutely contempt, what is the purpose of the senate if you have no teeth, purely, an “almost feelgood” thing.
Thank you Malcolm, it is time that they realised that they do not sit above the people in this country. The senate needs teeth, if they fail to comply, then their should be a substantial compensatory punishment. I feel a motion of contempt or censuring they would deem as a small price to pay for not heeding the senate (mind you, I do not know what the relevant punishments are with censuring or having a contempt motion put against them are).
BTW, I think Dutton would go a long way towards gaining power, if he was to work towards a comprehensive bill of rights being installed into the constitution, with Aussies stating what protections they would like to see in that bill of rights, and amendments made to stop governments ignoring the will of the people by legislating around the referendum….the Voice is one area the states are legislating, and there was the local government referendum the states legislated around. It totally disregards the will of the people when they give their determination within a constitution.