Murray Watt (Queensland, Australian Labor Party) Share this | Link to this | Hansard source

I, and also on behalf of Senator McKim, move:

That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 21 March 2017:

(1) The nature and scope of any agreement reached by the Commonwealth and Western Australian Governments in relation to the distribution of proceeds of the liquidation of, and litigation concerning, the Bell Group of companies (the proceeds), with particular reference to:

(a) the priority order for distribution of the proceeds;

(b) the Commonwealth's position in relation to the distribution of, and litigation concerning, the proceeds;

(c) any connection between the above and the settlement of other disputes between the Commonwealth and Western Australian Governments, including regarding the distribution of GST revenue between the States;

(d) any direction or instruction given by the Attorney-General to the Solicitor-General, either directly or through his office or department, in relation to the conduct of litigation concerning the proceeds;

(e) any connection between the above and the issuing of the Legal Services Amendment (Solicitor-General Opinions) Direction; and

(f) any other related matter.

(2) That the Senate directs the Attorney-General (Senator Brandis) and the Minister for Finance (Senator Cormann) to appear before the committee to answer questions.

James McGrath (Queensland, Liberal National Party, Assistant Minister to the Prime Minister) Share this | Link to this | Hansard source

I seek leave to make a short statement.

Stephen Parry (President) Share this | Link to this | Hansard source

Leave is granted for one minute.

James McGrath (Queensland, Liberal National Party, Assistant Minister to the Prime Minister) Share this | Link to this | Hansard source

The government opposes the motion. Firstly, from the Commonwealth's point of view, there was never any agreement with Western Australia relating to the distribution of proceeds of the Bell Group liquidation, or the High Court proceedings. Secondly, the Attorney-General instructed the Solicitor-General to intervene on behalf of the Commonwealth following the receipt of advice from the Solicitor-General. The distinction drawn in the motion between 'direction' and 'instruction' is spurious; barristers act only on instructions. Thirdly, there is no connection between the issuing of the legal services direction and the Bell Group litigation. The Attorney-General has made clear that the process leading to the issue of the direction began in November 2015, months before discussion about intervention in the Bell Group proceedings.

Stephen Parry (President) Share this | Link to this | Hansard source

The question is that the motion moved by Senator Watt be agreed to.