Simon Birmingham (SA, Liberal Party, Shadow Parliamentary Secretary for the Murray Darling Basin) Share this | Link to this | Hansard source

My question is to the Minister for Broadband, Communications and the Digital Economy, Senator Conroy. I refer the minister to his statement to the Senate on Tuesday of this week regarding the corrupted Australia Network tender process. He said that the Australian Government Solicitor indicated:

… there is a possibility that the current process may in some way be tainted or corrupted such that it is not possible that a fair and equitable outcome can be achieved.

I ask the minister: was this a conclusive finding of the Australian Government Solicitor or was this one of two or more possible findings identified by the Australian Government Solicitor?

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

Obviously you are now trying to run around to get me to effectively table the legal advice, Senator Birmingham, but that is not going to happen. As we discussed yesterday, those opposite never went down that path previously. Let me be clear, because Senator Birmingham's questions rely on picking up one little bit of his press release and reading it out as fact. Much of the commentary on the leaked report has failed to appreciate that the next step in the tender process was to firm up bidder claims in contractual form. Consistent with the request for tender documentation originally issued by the government on 4 February 2011, a negotiation phase was always contemplated as part of this process, with negotiations possible with any number of tenderers. The leak of confidential information made this phase of the tender process—a phase which was absolutely crucial in my consideration of an outcome—completely untenable. As the nature and extent of the leaks were unknown, it was impossible to determine to what extent the commercial-in-confidence material on which those negotiations would rely had been compromised. Tenderers were advised of the government's decision and a public statement was made by me on 7 November.

Simon Birmingham (SA, Liberal Party, Shadow Parliamentary Secretary for the Murray Darling Basin) Share this | Link to this | Hansard source

Mr President, I ask a supplementary question to the minister. I note his description that further progress of the tender was 'completely untenable'. Was that his opinion or the Australian Government Solicitor's opinion? Did the Australian Government Solicitor actually recommend ending the tender process or was that option identified as one of two or more possible pathways forward?

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

Yet again, Senator Birmingham is seeking to get the government to table and reveal all of the legal advice. As I have said repeatedly, and as we debated yesterday, the attempts by those opposite to cry crocodile tears, when they refused, week in and week out in the past—

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

You're running away at a million miles an hour, Stephen!

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

George, why don't you get the big guns back on your feet—

John Hogg (President) Share this | Link to this | Hansard source

Order! Just address myself or—

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

Thank you. I will ignore those interjections from those opposite.

John Hogg (President) Share this | Link to this | Hansard source

It is disorderly to interject, but you should refer to senators by their correct title.

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

I apologise for not referring to Senator Brandis as Senator Brandis. Senator Birmingham is simply trying to find another way to try and do something the government has said it will not do.

Simon Birmingham (SA, Liberal Party, Shadow Parliamentary Secretary for the Murray Darling Basin) Share this | Link to this | Hansard source

Mr President, I ask a further supplementary question. I refer the minister to further comments he made about this matter on Tuesday of this week in which he said the Australian Government Solicitor's advice was that it 'was open to the government to decide'. Did the advice of the Australian Government Solicitor provide a pathway or option where the government could in fact have proceeded with this tender and its finalisation?

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

Thank you for correctly reading out the legal advice that I have advised the chamber of. Yet again the senator opposite is seeking to obtain information that those opposite would not reveal when they were in government. I intend to continue that convention.

Simon Birmingham (SA, Liberal Party, Shadow Parliamentary Secretary for the Murray Darling Basin) Share this | Link to this | Hansard source

Mr President, a point of order: the minister has been asked a series of three specific questions about specific statements he made to the Senate on Tuesday of this week, statements he made claiming to have relied upon the advice of the Australian Government Solicitor. On each of these occasions we have simply sought that the minister provide further information about those statements and on each of these occasions he has refused to do so and simply referred back to his original comments. Clearly he is refusing to actually address the detail of the questions and be relevant to them.

John Hogg (President) Share this | Link to this | Hansard source

You are debating the issue now. There is no point of order. The minister has 42 seconds remaining.

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

I have finished.