Carol Brown (Tasmania, Australian Labor Party, Shadow Assistant Minister for Infrastructure and Regional Tourism) Share this | Link to this | Hansard source

My question is to the Minister representing the Prime Minister, Senator Birmingham. Almost three years after it started work on it, two years after it committed to implementing it and almost 12 months after the deadline it set itself, the Morrison government finally released its draft bill to establish a national integrity commission last week, blaming the delay on COVID, which hit our shores eight months ago. Why has the Morrison government been dragged kicking and screaming to legislate for a national integrity commission?

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

I thank Senator Brown. Obviously, it's going to be a very good submission to the consultation process, because Senator Farrell is going to have Senator Brown helping him draft it and contribute.

The government, as indeed Senator Payne has outlined in question time already and I have outlined in question time already, has published the draft legislation and opened up the consultation process, and the first stage there is underway. The Australian Commission for Law Enforcement Integrity will be given jurisdiction over four new agencies from 1 January 2021. So, whilst we are going through that process of consultation about the legislation for the Commonwealth Integrity Commission, we also will ensure that the ATO, ASIC, APRA and the ACCC have that oversight of the Australian Commission for Law Enforcement Integrity as well. In the 2020-21 budget we provided $9.9 million to the commission and an additional 38 ASL to help them expand their jurisdiction over these agencies. In terms of budgeting, the Commonwealth Integrity Commission has had more than $106 million of new funding allocated to it over the forward estimates from 2019-20, which is in addition to the funding being provided for the Australian Commission for Law Enforcement Integrity.

In contrast to the fact that Labor has come out with design principles, we have come out with draft legislation, a detailed proposal in terms of how this will apply, how it will work and how it builds on the existing accountability and integrity measures that are in place. We want to make sure that we don't go and duplicate, we don't reinvent, but we do establish the type of structure that ensures we get the most out of the existing mechanisms and address any other absences or gaps that may exist.

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

Senator Brown, a supplementary question?

Carol Brown (Tasmania, Australian Labor Party, Shadow Assistant Minister for Infrastructure and Regional Tourism) Share this | Link to this | Hansard source

Experts have criticised the government's draft bill, saying it is 'the weakest watchdog in the country, designed to cover up corruption, not expose it', and that 'the real reason for that is that they're afraid of it and how it might affect them'. What is the Morrison government so afraid of?

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

We're not afraid of anything. We're determined to get things right. We're determined to go through the right process in terms of how we go about this and we're determined to build upon the infrastructure that exists for the scrutiny of government at all its levels and the accountability of government at all its levels. This is our determination: that we do bring this forward and achieve the right balance between what are sometimes criticised as star chambers, in terms of the way other ICAC-type structures operate, and others that are criticised in different ways. What we want to ensure through this process, and what the Attorney-General is carefully stepping through, through his consultations with the public, is to make sure we get it right in terms of how it operates and how it operates in tandem with and alongside all of those other agencies. We look forward to the Labor Party providing its detailed submission on that.

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

Order! Senator Brown, a final supplementary question?

Carol Brown (Tasmania, Australian Labor Party, Shadow Assistant Minister for Infrastructure and Regional Tourism) Share this | Link to this | Hansard source

Will the Morrison government guarantee the establishment of a national integrity commission in this term of government?

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

That will depend upon the process of the legislation through this place. It is a brave person who predicts how this parliament will react, particularly this chamber. So I commit that we will do as the Attorney-General has outlined in terms of the draft legislation being out there and the consultation process being underway. And there is the opportunity for all and sundry, including the Australian Labor Party, to make a detailed submission in that regard.

Opposition Senators:

Opposition senators interjecting—

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

Senator Farrell and Senator Brown, and Senator Wong, if she wants to chime in as well, can all make their detailed submissions to the process, and then, given it was draft legislation, we will update it following that consultation process and bring it to the parliament. Then it is, like all legislation in this place, subject to the will of the parliament.