Senate debates

Thursday, 13 March 2008

Questions without Notice: Take Note of Answers

Answers to Questions

3:13 pm

Photo of Mark BishopMark Bishop (WA, Australian Labor Party) Share this | Hansard source

I also want to take note of answers to various questions and think it is probably quite appropriate to comment on the issues raised by Senator Brandis. Senator Brandis in the opening remarks of his contribution referred to The Waste Land. One must say that that was quite an appropriate way to commence his remarks: a grey, hopeless, useless, negative wasteland. That is entirely a proper description of what has occurred in respect of this entire matter concerning Dr Haneef over the last 12 to 18 months: a person properly employed, legally going about his duties, caught up and embroiled in a whole scandal not of his own making, punished, deported from this country and denied the opportunity to earn his livelihood. What other example could you have of a grey, useless, hopeless, negative wasteland? That was a topical issue for months and months and months prior to the last election.

In all that time the former cabinet, the former responsible ministers—in particular, Mr Andrews—refused to open the files and refused constantly to disclose information which would either properly and satisfactorily identify responsibility and guilt or, on the other side of that coin, disclose what emerged latterly when Federal Court findings were made as to innocence. So we as the then opposition raised that issue prior to the election and made a commitment to hold an independent judicial inquiry into the case of Dr Haneef in the light of findings by Justice Spender which were later upheld by a full Federal Court that reviewed Minister Andrews’s decision to cancel Dr Haneef’s visit. So we have committed to holding an independent judicial inquiry into the entire case of Dr Haneef.

That undertaking was honoured this morning by the Attorney-General of Australia, Mr McClelland, by the appointment of retired New South Wales court judge Mr John Clarke QC. As Mr McClelland said, quite properly and quite responsibly, an independent inquiry is needed to establish the facts and to ensure public confidence in Australia’s counterterrorism arrangements. Mr McClelland also made the point that, since becoming Attorney-General, he had been briefed regularly by the relevant intelligence agencies and he had come to the view that they were and are operating to high standards. But, because of the mire of disinformation and misinformation properly described by Senator Brandis as a wasteland, we need to assure our community that our national security agencies are functioning in the best way they possibly can at an individual agency level and collectively and on a cooperative basis. Indeed, as was referred to earlier, opposition Senator Birmingham from South Australia made that point to the AAP this morning when he said:

If an inquiry is required to ensure that faith is maintained in the community then that’s important ...

Senator Birmingham was right to say that this morning, Mr McClelland was right to repeat it in his press conference and it is right now on the issue raised by Senator Brandis of the wasteland that exists surrounding, and which has become part of, the case involving Dr Haneef.

The Clarke inquiry will be an opportunity to obtain a factual account of the matter, which still has not been disclosed and was not disclosed by the previous government, from an independent and former experienced judicial officer. Mr Clarke no doubt will conduct a rigorous and independent inquiry that will result in informed consideration and informed conclusions of the lessons to be learnt from the Haneef case for judicial officers, for intelligence officers and for intelligence agencies and undoubtedly will be able to assure the Australian community as to the veracity— (Time expired)

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