Chris Evans (WA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

My question is directed to Senator Minchin, Leader of the Government in the Senate. I refer to the government’s direction in February this year that officials appearing before Senate legislation committees were not to answer questions pertaining to the Australian Wheat Board’s role in the oil for food scandal. Given that the next estimates round commences on 22 May, can the minister advise what direction will be given to public servants in relation to these matters when questioned by senators about them during proceedings?

Nick Minchin (SA, Liberal Party, Minister for Finance and Administration) Share this | Link to this | Hansard source

I know it caused the opposition great angst when we advised Senate estimates committees that, given that matters relating to the Australian Wheat Board and the oil for food program with Iraq were subject to a royal commission of inquiry, it was therefore the government’s view that it was not appropriate for ministers or officials to answer questions on that matter at that round of estimates. It is a fact that we made it quite clear at that time that, once the inquiry had reported, of course it would be open to ministers and officials to answer pertinent questions pursuant to the report of the royal commission, if any such questions did arise. The government has not formally considered the matter of the coming round of estimates but I hazard a guess that, given that the royal commission is not reporting until the end of June and that it is the government’s view that we should await that report before this becomes the political football that the Labor Party wishes to make of it, I imagine it may well be the case that the arrangements that pertained at the February estimates may well pertain at the budget estimates.

I make the point that, if one reads the standing orders of the Senate, one notes that the budget estimates are about the appropriations which the government seeks to have approved by the parliament. The agreed methodology over many years is that, rather than debating those matters in the chambers, there is a committee process by which those proposed appropriations are examined by estimates committees. There has been a tolerated flagrant disregard for standing order 26 in the operation of the estimates committees. As a government, we have accepted that that is going to occur. But I have to say that for questions relating to AWB, particularly in light of the fact that there is a royal commission under way and that, certainly in these budget estimates, matters relating to the oil for food program of the UN have absolutely nothing to do with the appropriations that we will be seeking from this parliament, I would have thought it would be better for the opposition to wait until the royal commission has reported.

Chris Evans (WA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. I do not intend to debate the issue that Senator Minchin raised in his answer about his interpretation of the role of estimates because I think precedent proves him to be completely wrong. My supplementary question goes to the heart of my previous question, which he did not actually answer. He said it was likely that the gag would be applied again, but I think that out of respect for senators it would be appropriate for the government to advise formally whether that is the case. Certainly on the last occasion senators were not advised but were ambushed with that response, which was obviously taken late in proceedings by the government at cabinet. I would appreciate it if the minister could inform the Senate before it rises today whether or not public servants will be allowed to answer questions directed at them by senators about these matters.

Nick Minchin (SA, Liberal Party, Minister for Finance and Administration) Share this | Link to this | Hansard source

I note the request of the Leader of the Opposition in the Senate and will report that request to the government. As the government considers the question of the forthcoming estimates, I am sure the government will take note of that request.