Slade Brockman (President) Share this | Hansard source

I wish to update the chamber on the AFP MOU and national guidelines. The Speaker, the Attorney-General, the Minister for Home Affairs and I have signed a new memorandum of understanding regarding investigations where parliamentary privilege may be involved. The Australian Federal Police will also issue a new national guideline which updates the procedures that the AFP will follow for the collection and quarantining of material that could be subject to parliamentary privilege. The MOU and guideline are designed to ensure that law enforcement investigations are conducted without improperly interfering with the functioning of parliament, its committees and its members. They also ensure that parliamentarians and their staff are given a proper opportunity to raise claims of parliamentary privilege in relation to material that is obtained through the execution of a warrant.

The new MOU and guideline replace the 2005 settlement of these issues and include some significant improvements, particularly related to: overall improved oversight of investigations which may intersect with parliamentary privilege; clarifying the application of the guideline to electronic information, particularly where this is held by third parties; and reporting to the committee of privileges on the use of covert powers in relation to parliamentarians and their staff. These changes address shortcomings in the 2005 protocols which were identified in reports of the privileges committees in both houses tabled during the 45th Parliament. They also respond to the Senate resolution of December 2018 which called on the Attorney-General to work with the Presiding Officers to develop a new protocol for the execution of search warrants and the use of other intrusive powers by executive agencies.

It was initially hoped new procedures would also be agreed in relation to the exercise of covert powers. However, more work is required to ensure these procedures address the concerns of parliamentarians, particularly in relation to access and use of telecommunications data and the quarantining of material collected covertly. In addition, there are practical issues which the AFP must address to ensure that the agreed procedures do not unduly hamper investigations. Further negotiations regarding the implementation of procedures that ensure covert powers are exercised in a manner which does not intrude on parliamentary privilege will be conducted in the next parliament.

I acknowledge the work of the Speaker, Minister Andrews, the Attorney-General and, particularly, Senators Abetz and McAllister and members of the Committee of Privileges, including the chair of the Privileges Committee, Senator O'Neill. In particular, I pay attribute to former President Ryan for his clarity of thought and perseverance in this matter. He would have very much liked to have had this concluded before his departure. Unfortunately, that wasn't the case, but I know that he is pleased that it has been concluded now. I table a copy of the MOU and the national guideline.