Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Opposition in the Senate) Share this | Hansard source

by leave—I will have more to say other than this short statement during the course of the week, but there are several observations I would like to make at this time. What is at stake here is not simply a question of the Prime Minister's legacy as communications minister, as much as that legacy deserves close scrutiny. This is not about the cut and thrust of politics, political gamesmanship or pointscoring. What this is about is the proper functioning of the parliament and our democratic system. It is, at its core, about the constitutional right of the people of Australia, through their parliament, to hold the executive to account without fear or recrimination.

Parliamentary privilege is fundamental to the Westminster system of democracy. It is an ancient privilege stretching back to at least the reign of Richard II. In 1397 Sir Thomas Haxey presented a petition to the House of Commons which condemned the waste and mismanagement of the royal household. An incensed Richard demanded to know who had presented the petition, and Haxey was given up. The Lords declared him a traitor and condemned him to death. Although Haxey was never executed, he was deprived of his title and all his possessions. In 1399 the new king, Henry IV, annulled the judgement on the grounds that it was contrary to the privileges of the Commons, and he later promised never to pay attention to the unauthorised accounts of parliamentary proceedings again.

Henry IV's acknowledgement that the action against Haxey had been contrary to the traditional liberties of the parliament suggests that the privileged status of parliamentary proceedings was recognised as early as the late 14th century. And it is this privilege that ensures every parliamentarian, on behalf of the Australian people, can scrutinise waste and maladministration. The raids on my office, my staff member's home and the Department of Parliamentary Services are an extraordinary attack on the parliament and its constitutional duty to hold the government of the day to account. As Jonathan Holmes wrote yesterday:

It's hard to imagine a more serious attack on investigative journalism, and on the ability of the media to hold government to account.

There must be no place for politics when it comes to such fundamental democratic principles. It is up to every parliamentarian and every journalist in this place to stand up for the parliament and our democracy, and I have been heartened by the many senators and members from all sides who have approached me to express their concerns about these events.

Finally, on a personal note, I want to acknowledge the distress these events have caused for those involved and for their families, friends and colleagues. In particular, I want to acknowledge Mr Andy Byrne, who has had to endure more than any staff member should for simply doing his job. He was read his rights and was told he was a suspect. It is no exaggeration to say that Mr Byrne has been a model staff member who has worked tirelessly to ensure that the Australian people get the National Broadband Network they deserve. I am honoured to have the privilege of working with Mr Byrne. Thank you.