Nick Minchin (SA, Liberal Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

My question is to the Minister for Broadband, Communications and the Digital Economy, Senator Conroy. Given the proposed expenditure of $4.7 billion in taxpayers’ funds on the national broadband network and the government’s commitment to openness and transparency, what details of bids received will the minister provide to the public when tenders close tomorrow?

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

I thank Senator Minchin for that question. The whole process of the national broadband network has been one which we have been given extensive probity advice on. At times I have even drawn on some of the experience of the former Minister for Finance and Administration in dealing with questions around live tender processes. I have even been forced to quote from Senator Minchin’s own Hansard in Senate estimates when he defended refusing to answer any questions, over an extensive period, to do with the T3 prospectus sale—in fact, he had the ACCC gagged and he had the departmental officials gagged. So we have been very consistent on this matter. We have never at any stage confirmed how many expressions of interest we have. There has been much speculation in the papers, and I have often referred to that speculation in the newspapers.

Equally, in terms of the bids that will be entered tomorrow, there has been much speculation about who will bid. We will not be issuing a statement, but I have no doubt that, as the Acting Prime Minister indicated yesterday, it will be very public knowledge, because already two organisations have formally announced, in the last 24 hours, that they will definitely be putting in a bid. One other organisation is considering whether to put in a bid and a fourth organisation has indicated that it is likely to bid but has not made a final decision. You can read all of that in the newspapers. So, as the Acting Prime Minister said yesterday, there will be full public knowledge because the bidders will be announcing themselves. The probity advice we have been given has been quite clear about this.

Ian Macdonald (Queensland, Liberal Party, Shadow Parliamentary Secretary for Northern Australia) Share this | Link to this | Hansard source

Why won’t you announce it?

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

We have been consistent, Senator Macdonald, through you, Mr President, that we will not be— (Time expired)

Nick Minchin (SA, Liberal Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question. As Senator Conroy noted, the Acting Prime Minister yesterday did tell the parliament:

The outcome of the tender round will be available and will be transparent for all members of the House later in the week.

Is the minister actually saying that the Acting Prime Minister was not indicating that the government will issue a statement—that the government will not issue any statement whatsoever in relation to the tenders that have been received? What on earth was the Acting Prime Minister saying in indicating, ‘The outcome of the tender round will be available and will be transparent’? How can it be transparent and available if the government itself issues no statement whatsoever at the close of tenders?

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

Perhaps, in his rush to the new system of two supplementaries, Senator Minchin did not get the chance to actually hear what I said. What I said was that the Acting Prime Minister did not at any stage indicate the government would be making—

Nick Minchin (SA, Liberal Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

It was clear.

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

Oh, please! Perhaps if you were not writing out your supps as you were going you could actually listen to the answer. Let’s be clear: at no stage at all in her answer yesterday did the Acting Prime Minister indicate that the government would be making a statement. It is going to be consistent with the probity advice that we have received, and the probity advice that we have received—whether you like it or I like it—we have to follow. Our advice is that we should not be making ongoing comments on the number of bidders, who the bidders are or what is contained in the bidding process. As the Acting Prime Minister said yesterday, it will be fully public and transparent because the bidders are telling everybody— (Time expired)

Nick Minchin (SA, Liberal Party, Leader of the Opposition in the Senate) Share this | Link to this | Hansard source

Mr President, I ask a further supplementary question. Further to this apparent reluctance to say anything about the whole bidding process, I further ask the minister: will the report of the NBN expert panel and the ACCC report on pricing and competition issues be made public prior to the government’s selection of the preferred tenderer and will there be an opportunity for public comment in relation to both the ACCC report and that of the expert panel before the government’s final decision?

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

Thank you, Senator Minchin. The process of advice to government, as is well known to the former minister for finance and former Leader of the Government in the Senate, is that we will receive that advice and provide advice after the process. I am happy to consider—and I will take it on notice—whether or not we can provide any further advice to assist in the public debate between now and the time of the formal government decision, but we will be happy to release it after the government has made a decision. That is not something, I think, that is inconsistent with past practices of all governments. I am happy to consider the issue of whether other information can be made available subject to it not undermining the ongoing processes, because the recommendations may not be final. There may be two recommendations, as I have indicated in the past. So to reveal—

Helen Coonan (NSW, Liberal Party, Manager of Opposition Business in the Senate) Share this | Link to this | Hansard source

How would we know?

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

Live in hope, Senator Coonan. It may be that there is an ongoing process in which releasing information could undermine the government’s negotiating position. So I am happy to take that on notice and consider it, Senator Minchin. (Time expired)