Scott Ludlam (WA, Australian Greens) Share this | Hansard source

Thanks, President. I thank you for your assistance. The allegations are very serious: that ASIS agents installed bugging equipment inside the Timorese cabinet rooms. Former Prime Minister Xanana Gusmao said on Lateline: 'They knew our weakness. They knew—they already knew us. We were not able to look very deeply in these very complex issues of agreements, oil and treaties. But they wanted to know our weakness, and they took advantage of our weakness.' These are among the most serious allegations that one state can bring against another: under cover of a foreign aid donation, industrial espionage carried out by the richest country in the region targeting the poorest country in the region in order to prejudice natural gas negotiations. What an extraordinary misuse of Australian intelligence capabilities.

In 2008, a senior intelligence veteran approached lawyer Bernard Collaery over a workplace grievance. Mr Collaery, who was acting as a legal adviser for the Timorese government at the time, realised that he was talking to the person who it was alleged had conducted the bugging operation. On Lateline, Mr Collaery said:

When you have such dedicated veterans involved—

and he is referring to the intelligence agencies in this case—

who might see the relative priorities of following up on the Bali bombing, the Marriott Hotel issues and find themselves taken off duties and organising to bug this poverty-stricken state's cabinet room so a trade deal can get over the line, one, if you were part of that staff, might wonder about priorities.

And I must say on behalf of the Australian Greens that I could not have put it better than Mr Collaery.

What were the priorities of former ASIO director-general David Irvine when he authorised the seizure of the passport of the same individual, known as Witness K, and raided Mr Collaery's offices? Mr Irvine, by pure coincidence, was the head of ASIS in 2004, when these activities alleged to have targeted the Timorese were taking place. Senator Brandis told this chamber, not that long ago:

The search warrants were issued, on the advice and at the request of ASIO, to protect Australia's national security.

The Timorese authorities have recommenced legal action against Australia in the Permanent Court of Arbitration in The Hague, and they will argue that the maritime treaty should be terminated. This motion seeks to have the passport returned to Witness K so that he can give evidence in the permanent court.

Maybe Senator Brandis is right, and this is really all about national security—there is some arcane backstory here that we are not aware of. Let us have that view tested in the permanent court. Let us have those arguments out, because to many of us it seems as though this stinks, and the truth will not be hidden for very much longer—spying carried out under cover of a foreign aid project, justifying it and then covering it up and attempting to hide it behind a veil of national security. Maybe we are wrong, but let us test these arguments.

I would have thought it was incumbent on the government—I do not know where the opposition falls on this—to let this debate be had in this parliament. Release that individual's passport so that these arguments can be tested in an open court. Until the truth is put into the public domain, it will seem to many of us following these issues, from the former senior leadership of the Timorese to those in Australia who support them, that this simply stinks.