CHAIR —I declare open this meeting of the Senate Select Committee on the Scrafton Evidence, and I call the committee to order. On 30 August 2004 the Senate established the Select Committee on the Scrafton Evidence to inquire into and to report by 24 November 2004 on matters arising from the public statements made by former ministerial staffer Mr Mike Scrafton about the conversations he had with the Prime Minister, Mr Howard, on 7 November 2001 on the `children overboard' affair and the implications of these statements for the findings of the Senate Select Committee on a Certain Maritime Incident. Today the committee has opened its public hearings on the inquiry. The terms of reference, mentioned already, are available from the secretariat staff. Today's hearing is open to the public. This could change if the committee decides to take any evidence in private.

The committee has authorised the broadcast of the public aspects of the proceedings. Witnesses are reminded that the evidence given to the committee is protected by parliamentary privilege under the Parliamentary Privileges Act 1987. The giving of evidence and the production of documents by a witness have the same legal status as a senator's participation in Senate proceedings and therefore attract the very wide protection that is given to the proceedings of parliament against prosecution, suit, examination or question before any court or tribunal. The actions of a witness in giving evidence and producing documents therefore cannot be used against the witness in any sense in subsequent proceedings by a court or a tribunal. Standing order 181 declares:

A witness examined before the Senate or a committee is entitled to the protection of the Senate in respect of the evidence of the witness.

This is a declaration by the Senate that it will use its powers to protect witnesses against any adverse consequences arising from giving evidence. It is important for witnesses to be aware that giving false or misleading evidence to the committee may constitute a contempt of the Senate. If at any stage a witness wishes to give part of their evidence in camera, they should make that request to me as chair and the committee will consider that request. Should a witness expect to present evidence to the committee that reflects adversely on a person, the witness should give consideration to giving that evidence in camera. The committee is obliged to draw to the attention of a person any evidence which in the committee's view reflects adversely on that person and to offer that person an opportunity to respond. An officer of the department of the Commonwealth shall not be asked to give opinions on any matters of policy. However, they may be asked to explain government policy, to describe how it differs from alternative policies and to provide information on the process by which a particular policy was arrived at.

[9.13 a.m.]