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Title

Ch18 Parliamentary committees / CONDUCT OF INQUIRIES / Reports / Premature disclosure or publication

Database

House Practice

Date

01-05-2005

Source

House of Reps

Parl No.

41

Chapter

Parliamentary committees

Chapter No.

Chapter 18

Page

687

Section No.

 

System Id

procedural/practcer/chapter18.94.doc


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Ch18 Parliamentary committees / CONDUCT OF INQUIRIES / Reports / Premature disclosure or publication



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House of Representatives                                Ch 18                                                 p 687

 

Parliamentary committees / CONDUCT OF INQUIRIES / Reports

 

Premature disclosure or publication

Standing order 242 provides that a committee’s or subcommittee’s evidence, documents, proceedings and reports may not be disclosed or published to a person (other than a member of the committee or parliamentary employee assigned to the committee) unless they have been reported to the House or their publication has been authorised by the House, the committee or the subcommittee. This is a blanket prohibition which precludes unauthorised disclosure of all or part of a report, or of its contents.

Until recently the rule was that such disclosure or publication had to be authorised by the House. 1 The present rule allows authorisation to be given by a committee or subcommittee, and in addition, specifically permits committees to resolve to:

  • publish press releases, discussion papers or other documents or preliminary findings;

  • divulge evidence, documents, proceedings or reports on a confidential basis to persons for comment; or

  • authorise a member of the committee to give public briefings on matters related to an inquiry. An authorised member may not disclose evidence, documents proceedings or reports which have not been authorised for publication. The committee shall determine the limits of the authorisation.

    • In accordance with these provisions a number of committees have adopted the practice of releasing their reports, before presentation, to the media under embargo. This early release gives the media advance information about a committee’s recommendations and enables more effective questioning of the committee at press conferences held after presentation. The practice also encourages greater media coverage of committee reports. Release under embargo is authorised by resolution of the committee.

    Contravention of the rule on premature disclosure may be found to be a contempt. 2 However, committees have chosen, from time to time, to take no action on unauthorised press articles partially disclosing the contents of their reports or commenting on committee deliberations during the drafting of reports; it has sometimes been thought counter-productive to give further publicity and credence to such articles. 3

    On rare occasions a committee has been authorised or directed to disclose its report to Ministers before its presentation to the House. The resolution of appointment of the Joint Committee on War Expenditure provided that:

    The Committee have power, in cases where considerations of National Security preclude the publication of any recommendations and of the arguments on which they are based, or both, to address a memorandum to the Prime Minister for the consideration of the War Cabinet, but, on every occasion when the Committee exercises this power, the Committee shall report to the Parliament accordingly. 4

    In 1952 the Joint Committee on Foreign Affairs was directed by its resolution of appointment to forward its reports to the Minister for External Affairs. On every occasion when it did so, the committee was required to inform the Parliament that it had reported. 5 In later Parliaments the committee’s resolution of appointment added that, in the case of inquiries not initiated by the Minister, the committee was not authorised to report, either to the Minister or to the Parliament, without the Minister’s consent. It was further provided that, if opposition Members were represented on the committee, copies of its reports to the Minister were to be forwarded to the Leader of the Opposition for his confidential information. 6 It was left to the Minister to decide whether or not the committee’s reports would be published. 7 These arrangements were justified on the ground of national security.

    The Intelligence Services Act 2001 provides that the Joint Committee on ASIO, ASIS and DSD is not permitted to present a report until the advice of the responsible Minister or Ministers has been obtained as to whether the disclosure of any part of the report would or might disclose certain matters which the committee is not permitted to disclose.



    Former S.O. 340 (until 3.12.98).



    PP 135 (1987). Parliamentary Privileges Act 1987 , s. 13 deals with in camera evidence, s ee Ch. on ‘Parliamentary privilege’.



    VP 1985-87/899; H.R. Deb. (1.5.86) 2890—statement by deputy chair of the Joint Select Committee on an Australia Card; H.R. Deb. (20.10.86), 2331-2—personal explanation by a committee member regarding a newspaper report of the member’s dissenting report (presented 25.11.86).



    VP 1940-43/157-8, 161. In 1955 attempts were made to have one of the committee’s reports and related documents published. The report concerned allegations of fraudulent practices during the years of World War II. The Prime Minister having first agreed to table the report later declined to do so on the grounds of justice to the individuals concerned, VP 1954-55/293-4, 301; H.R. Deb. (6.9.55) 360-75; H.R. Deb. (13.9.55) 572-6.



    VP 1951-53/129.



    VP 1954-55/94-5.



    The Minister tabled the committee’s first report on 11 September 1952; VP 1951-53/417.