George Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | Link to this | Hansard source

My question is to Senator Evans, the Minister representing the Prime Minister. Does the minister recall that, in his speech on the occasion of the opening of the parliament yesterday, the Governor-General made a commitment on behalf of the new government that laws relating to government information will be enhanced by promoting a culture of disclosure and transparency? Can the minister explain how the Prime Minister’s refusal to release legal advice obtained by the government concerning the potential liability of the Commonwealth to compensate members of the stolen generation fits in with this new culture of disclosure and transparency? Will the government now release the suppressed legal advice? If not, why not?

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

I thank Senator Brandis for the question. This government is committed to much more accountability in government. I think the Australian public will notice a marked difference in style to the previous government in terms of accountability. We are committed to improving accountability. Senator Brandis’s question goes directly to the question of legal advice, and I am sure I have been lectured by Senator Brandis in the past in this chamber, along with a lot of other former ministers on that side of the chamber, on how impossible it is to release legal advice because it is confidential legal advice to the government. It is quite a different circumstance to be open and accountable in terms of government decisions.

The government have made it very clear that we think the apology does not require us to also offer compensation. The government will not be offering compensation to the stolen generation and we have committed, in addition to the apology, to redoubling efforts to provide practical measures to assist Indigenous people through health, education and other measures, and I hope we enjoy the support of the whole chamber in pursuing those. But the question of legal advice remains the same as it did under the previous government—that is, confidential legal advice to the government is not released publicly. Senator Brandis, who I understand is an SC, would know that far better than I, and I am quite surprised that he asked such a question.

George Brandis (Queensland, Liberal Party, Shadow Attorney-General) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. I am sure Senator Evans is also well aware that the confidentiality of legal advice can freely be waived by the client or the recipient. Given that the government has that right, how does the minister consider that suppressing advice on the rights of Indigenous people advances either the culture of transparency and disclosure or the process of reconciliation?

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

There is no question of suppressing information. I am not sure whether Senator Brandis is now arguing for compensation for Indigenous people, given that he had to be dragged kicking and screaming merely to make the apology. I am sure I saw Mr Abbott on the television last night saying the coalition would not entertain the prospect of compensation. There has been no suppression of information. We have indicated that we have legal advice that compensation is not payable as a result of the apology. We have made that public and, consistent with the previous government’s policy, we are not releasing that advice.