Deborah O'Neill (NSW, Australian Labor Party) Share this | Link to this | Hansard source

My question is to the Minister representing the Minister for the Environment, Senator Birmingham. I refer to Minister Taylor's claim that the EPBC listing affecting his own interests had the potential to affect 'thousands of farmers in his electorate'. Can the minister confirm that there is only one compliance case under investigation in the region?

Simon Birmingham (SA, Liberal Party, Minister for Trade) Share this | Link to this | Hansard source

I would refer the honourable senator to the statement given by the member for Hume in the House earlier today, in which he steps through the representations he received in 2016 and 2017 and from farmers across his electorate and he steps through the communications he had with representative bodies of farmers as well, all of whom are outlining their concerns around this issue, and in outlining their concerns—

Scott Ryan (President) Share this | Link to this | Hansard source

Senator O'Neill, on a point of order?

Deborah O'Neill (NSW, Australian Labor Party) Share this | Link to this | Hansard source

I'm well aware that the minister is trying to step through an awful lot at the moment, but the reality is that my question asked whether there was one compliance case under investigation in the region, and the minister has gone nowhere near that. In fact, he looks like he's going on a ramble in response to the minister's statement, not my question.

Scott Ryan (President) Share this | Link to this | Hansard source

I'm listening carefully, Senator O'Neill. I believe at this stage the minister's dealing with this is relevant to the preamble before you asked that question. But I am listening carefully. Where you provided some context to your question, the minister is allowed to address that.

Simon Birmingham (SA, Liberal Party, Minister for Trade) Share this | Link to this | Hansard source

I'd also point out to the senator the statement that the member for Hume made. He's been clear, as he has on multiple occasions, that he has not engaged in discussions regarding compliance actions. What he has done is represent his electorate in relation to matters that have been brought to his—

Scott Ryan (President) Share this | Link to this | Hansard source

Senator Wong, on a point of order?

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

The point of order is direct relevance. The question doesn't go to what the minister did. It is a question of this minister in representing the portfolio to confirm whether there is only one compliance case under investigation in the region. That is the only question.

Scott Ryan (President) Share this | Link to this | Hansard source

You've restated the question, Senator Wong. I am listening very carefully. The minister's been speaking for 45 seconds. He is allowed to address the preamble as well. I'm listening carefully to ensure that something is directly relevant to part of the question. So, I'll call the minister to continue. He's now been reminded of it twice, by you and by Senator O'Neill.

Simon Birmingham (SA, Liberal Party, Minister for Trade) Share this | Link to this | Hansard source

As I pointed out to the senator, the member for Hume has outlined the representations he's received, the actions that he was taking on behalf of constituents. He has been clear that he has not been engaged in relation to any compliance matters. And if there is information in relation to further compliance matters, I will bring that to the chamber.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator O'Neill, a supplementary question.

Senator Wong interjecting—

Senator Cormann interjecting—

I ask the centre table to lead by example, Senators Wong and Cormann. Senator O'Neill.

Deborah O'Neill (NSW, Australian Labor Party) Share this | Link to this | Hansard source

Can the minister confirm that the single compliance case that is under investigation in the region relates to the activity on Minister Taylor's own land?

Simon Birmingham (SA, Liberal Party, Minister for Trade) Share this | Link to this | Hansard source

It is on the public record, the legal structure as to the ownership of those lands—

Senator Wong interjecting—

Scott Ryan (President) Share this | Link to this | Hansard source

Order! Senator Wong, the minister has been speaking for seven seconds, and I actually believe he was being relevant at that point. Do you have a point of order?

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

Yes, a point of order on direct relevance—and I'll take the interjection that he's been speaking for only seven seconds. We'll give you leave for an hour, mate, if you actually answer the question! How about that?

Scott Ryan (President) Share this | Link to this | Hansard source

Order, Senator Wong.

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

The question is not about company structures. The question is only requesting that this minister confirm that there is a single compliance and it relates to Minister Taylor's land.

Scott Ryan (President) Share this | Link to this | Hansard source

At the point that Senator Birmingham was interrupted, I was hearing him talk about ownership of land, which I believe is directly relevant to the question.

Simon Birmingham (SA, Liberal Party, Minister for Trade) Share this | Link to this | Hansard source

In relation to compliance matters, Mr Taylor has been clear: he's never been engaged in relation to compliance matters. The Public Service has been clear: they've never been engaged in relation to compliance matters. And, through you, Mr President—'mate', Mr Taylor has been very clear in relation to the ownership and declaration of his ownerships, and I refer you very clearly to the statement that he made to the House on these matters.

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

This is a disgrace.

Scott Ryan (President) Share this | Link to this | Hansard source

Senator Wong, I'll take your observation. It is not up to the chair to direct a minister how to answer the question. That is a matter for debate subsequent to question time and for others to make judgements about. My only role here is: is the minister being directly relevant to the question? And in that case I believe the minister was, even if people didn't like the answer. Senator O'Neill, a final supplementary question.

Deborah O'Neill (NSW, Australian Labor Party) Share this | Link to this | Hansard source

Has the minister arranged a meeting for any other landlords under investigation by the department with the relevant minister's office, the department and members of the department's compliance unit, or is Mr Taylor the only landholder to receive that special treatment?

Government Senators:

Government senators interjecting—

Scott Ryan (President) Share this | Link to this | Hansard source

Order! I ask for order on my right while the questions are being asked.

Simon Birmingham (SA, Liberal Party, Minister for Trade) Share this | Link to this | Hansard source

Mr Taylor has been very clear that he was representing constituents. He has outlined the timeline of receiving those representations and the actions that were taken. In relation to the representations and the meetings with departmental officers, he has equally been clear:

… an official writes in internal correspondence—

Which was released under FOI.

… that the meeting with me was, 'to answer questions on the technical aspects of the listing outcome,' and highlights that they would completely stay out of any compliance action underway. The official also writes, 'We will confine our discussion to the EPBC Act-listing process.'

They were the matters brought to the member for Hume's attention by his constituents. They were the matters that he raised on behalf of his constituents.