Rex Patrick (SA, Nick Xenophon Team) Share this | Link to this | Hansard source

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

That—

(1) The Senate notes that:

(a) on 4 September 2017, the Senate agreed to an order for production of documents directed at the Minister representing the Minister for Defence Industry for all unclassified portions of the Future Frigate tender documentation set;

(b) on 5 September 2017, the Senate agreed to an order for production of documents directed at the Minister representing the Minister for Defence Industry for, amongst other things, any other documentation held by the Future Frigate project that discusses Australian Industry Capability the partnering or use of Australian shipyards, and how Techport and other Australian facilities might be used in the program;

(c) on 7 September 2017, the Minister tabled a letter in response to both orders for production claiming public interest immunity, and stated that release of such documents would potentially damage national security, damage international relations and adversely affect the Department of Defence's negotiation position in respect of future contracts;

(d) on 12 September 2017, the Senate declared that it did not accept the minister's public interest immunity claim, and required either full compliance with the orders for production or that the minister attend the Senate at the end of question time on 13 September 2017 to provide the Senate with further explanation;

(e) on 13 September 2017, the minister gave a further explanation to the Senate claiming that release of the documents during an active tender would affect commercial arrangements that are able to be achieved during negotiations with any successful tenderer, damage national security, defence damage international relations; and

(f) on 25 January 2018, the Department of Defence released 292 pages of the Future Frigate Program in full to former Senator Xenophon – the public interest immunity claims asserted by the minister, were, in her own department's view, mistaken.

(2) Orders for the production of documents are a key Senate tool used to ensure effective oversight of Government and must be responded to by ministers with utmost consideration, care and accuracy.

(3) The Senate requires the minister to table documents in full compliance with orders for the production of documents nos 432 and 449 by the commencement of business on 12 February 2018.

(4) That the Minister for Defence be required to attend the Senate at 9am on 8 February 2018 to make a statement of not more than 20 minutes, addressing why the Senate should accept the minister's explanation as to why she made written and verbal claims to the Senate that her own Department has found unsustainable.

(5) That any senator may move a motion to take note of the minister's statement and any such motion may be debated for no longer than 1 hour, and have precedence over all other government business until determined.

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.

Scott Ryan (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

Thank you. Release of the documents at the time was not in the public interest, as outlined by Minister Payne on 13 September 2017, as it may have compromised the future frigate request for tender evaluation. As the tender evaluation component of the SEA 5000 procurement process is now complete and the offer definition improvement phase is currently underway, the government will review the documents and make those sections available if appropriate.

Question agreed to.