Gary Humphries (ACT, Liberal Party, Shadow Parliamentary Secretary for Defence Materiel) Share this | Link to this | Hansard source

I present the 152nd report of the Committee of Privileges entitled Possible unauthorised disclosure of the draft report of the Select Committee on Electricity Prices.

Ordered that the report be printed.

by leave—I move:

That the Senate endorse the conclusion at paragraph 1.57 of the 152nd report of the Privileges Committee and adopt the recommendation that no contempt be found in respect of the matter referred.

The committee reports to the Senate in its inquiry into the possible unauthorised disclosure of the draft report of the Senate Select Committee on Electricity Prices. I note that the committee finalised this report during the March sittings but was unable to present it due to certain unusual proceedings on the last sitting day of the Senate. It is not the practice of the Privileges Committee to present reports on contempt matters out of sitting, so the report has been held over until today.

According to the former chair of the Senate Select Committee on Electricity Prices, the report of that committee was pre-empted by an article and video commentary published by a journalist online. This occurred at a late stage in the development of the report but prior to the select committee meeting to consider and adopt it. In his letter to the President raising the matter, the former chair stated, 'In the committee's view, the disclosure not only impeded its freedom to deliberate but reflected adversely on the value of the committee's inquiry.'

The investigation of unauthorised disclosures is a subject which has attracted detailed consideration by the Privileges Committee, most recently in its 122nd report, which considered the principles that should apply. While any unauthorised disclosure may, in some circumstances, constitute a contempt of the Senate, it does not follow that every unauthorised disclosure warrants investigation. Parliamentary privilege is intended to protect the parliament's processes from obstruction and interference, and it is that principle—the necessity to protect the integrity of the work of the Senate and its committees—which guides the Senate in determining questions relating to contempt.

In relation to unauthorised disclosures, this determination is based on an assessment of the harm or interference they cause. Committees are required to undertake their own investigations into unauthorised disclosures to make an assessment about harm or interference and to consult the Privileges Committee before raising them as matters of privilege. They are guided in this process by a Senate resolution adopted on 17 December 2007. It was not possible in this case for the select committee to complete this process, as it ceased to exist upon presentation of its report.

Having received the reference, the Privileges Committee determined that it would consider the matter in accordance with the principles embodied in the 2007 resolution. Although the select committee considered that the disclosure amounted to a serious breach of its confidences, the Privileges Committee has concluded that the unauthorised disclosure did not substantially interfere with the Senate select committee's work in the terms of the 2007 resolution and accordingly does not warrant further investigation. This conclusion was drawn on the basis of correspondence with members of the select committee, and that correspondence is published with the report.

The Privileges Committee has also concluded that it is not a matter on which it would have recommended further action had it been in a position to consult with the select committee. On reaching that conclusion, the committee has applied the principles set out in its 122nd report. The cases revealed a gap in relevant procedure, in that the 2007 resolution is not available as a remedy where a committee has ceased to exist. In similar circumstances in the future it might be appropriate for such a committee to seek from the Senate a brief extension of time for the limited purpose of complying with that resolution.

The committee is unable to conclude on the evidence before it that a contempt of the Senate has been committed. The effect of the motion I have moved is for the Senate to endorse that conclusion and to adopt the committee's recommendation that a contempt not be found.

If no other senator wishes to speak at this time on the matter, I shall seek leave to continue my remarks later in order to preserve the matter for future debate.

Leave granted; debate adjourned.