Senate debates

Monday, 28 November 2016

Motions

Attorney-General

10:04 am

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | | Hansard source

I seek leave to move a motion requiring the Attorney-General, Senator Brandis, to explain his actions with respect to the Bell Group litigation.

Leave granted.

Mr President, it has been circulated. Do you wish me to read it, Mr President?

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Is it brief?

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | | Hansard source

No.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

It has been circulated in the chamber, and you have outlined—

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | | Hansard source

I am happy to read it. I move that (1) the Senate requires the Attorney-General to attend the chamber at 12 noon today; (2) at 12 noon business be interrupted to enable the Attorney-General, Senator Brandis, to attend the chamber to provide the Senate with a full explanation of his actions with respect to the Bell Group litigation including: (a) any discussions he had with the government of Western Australia relating to this litigation and the Western Australian Bell Group Companies (Finalisation of Matters and Distribution of Proceeds) Amendment Bill 2016; (b) any discussions he had with Prime Minister Turnbull, former Prime Minister Abbott, Treasurer Morrison, former Treasurer Hockey, the Minister for Finance, the Minister for Revenue and Financial Services, the Minister for Social Services, or any other minister relating to the litigation or the Western Australian legislation; (c) any directions he gave to the former Solicitor-General in relation to this matter; and (3) at the conclusion of the explanation any senator may move to take note of the explanation.

10:05 am

Photo of George BrandisGeorge Brandis (Queensland, Liberal Party, Attorney-General) Share this | | Hansard source

I just want to put this very clearly on the record because the Journals of the Senate will report the motion, of course. What Senator Wong is asking that I do, and the Senate, by this motion, is requiring me to do, is the very thing that, as I said in my earlier statement, I was intending to ask the leave of the Senate to do.

Opposition Senators:

Opposition senators interjecting

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Order on my left!

10:06 am

Photo of Nick McKimNick McKim (Tasmania, Australian Greens) Share this | | Hansard source

The Greens will be supporting this motion. We do look forward to the Attorney attempting to explain his actions at midday today. I want to be very clear to the Senate, however, that it is still the view of the Australian Greens that this matter needs to be referred to the Legal and Constitutional Affairs References Committee for an inquiry. We do not believe that the Attorney simply getting up and making a statement ought to be the end of this matter and we will continue to push for that inquiry. We hope that we can achieve the agreement of the Senate for that to occur because we think that there are a number of people who need to give evidence before such an inquiry, including the Attorney but also other senior current and former government ministers as well as people in the Western Australian government and the relevant Commonwealth and Western Australian state government departments. In conclusion, Senator Wong, I think in (3) you said 'minister' not 'senator', so I am just seeking clarification that in fact it is 'senator' there.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Senator Wong, do you want to clarify that?

Photo of Penny WongPenny Wong (SA, Australian Labor Party, Leader of the Opposition in the Senate) Share this | | Hansard source

Yes, I am sorry if I misread that. At that conclusion of the explanation any senator may move to take note of the explanation.

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

And that is clearly in the wording of the motion.

10:07 am

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party) Share this | | Hansard source

I do not want to enter into the substantive debate but just to respond to the musings of Senator McKim—

Photo of Peter Whish-WilsonPeter Whish-Wilson (Tasmania, Australian Greens) Share this | | Hansard source

Did you seek leave?

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party) Share this | | Hansard source

I am seeking the same leave that Senator McKim did, which was none.

Honourable senators interjecting

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Order! Order on both sides. There is no need for leave. We are debating a motion. Every senator has a right to speak to the motion. Senator Macdonald, you were speaking to the motion.

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party) Share this | | Hansard source

Senator McKim is flagging a referral to the Legal and Constitutional Affairs References Committee. I do not think he said it here, but I am told by others—I did not see it—that he was talking about having the committee meet this week and report by the end of this week. I am not sure if that is what his intention is, but could I simply advise the Senate that that committee, of which I am only the deputy chair, is one that has a number of inquiries going. If there is any suggestion that it be this week, I would venture to say—and I can only speak for myself—that I certainly will not be attending. I suspect my other coalition colleague on this committee is also totally engaged in other matters, including matters in this chamber as well as other important committee matters, so it will end up being a Labor-Greens committee, which of course will have even less relevance and less authority than this committee usually has. I am just indicating that to Senator McKim. If that is his intention, then it will be a Labor-Greens thing, which will have no relevance, no standing, no reliability.

Opposition senators interjecting

Photo of Stephen ParryStephen Parry (President) Share this | | Hansard source

Order on my left! Order!

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party) Share this | | Hansard source

What I am saying—and Labor senators may not understand this—is that coalition senators have a lot of things to do.

Opposition senators interjecting

Photo of Ian MacdonaldIan Macdonald (Queensland, Liberal Party) Share this | | Hansard source

When we speak in this chamber we do not read notes that some staffer might have prepared. I am just indicating that it will be a Labor-Greens committee and have no credibility at all. This committee does not have a lot of credibility, I have to say, but any such reference that requires anything more than a reasonable timescale will be completely incredible.

Question agreed to.