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Thursday, 7 December 2000
Page: 23688


Mr REITH (Leader of the House) (5:29 PM) —I move:

That:

(1) the House authorises:

(a) the publication of all evidence or documents taken in camera or submitted on a confidential or restricted basis to the Committee of Privileges and that have been in the custody of the Committee for at least 30 years; and

(b) the transfer of these records to the National Archives of Australia to enable public access to the records;

provided that, where the Speaker accepts advice that the release of a particular record would affect the national security interest, or represent an unreasonable intrusion upon the personal affairs of any person, alive or dead or would otherwise be an exempt record under s.33 of the Archives Act 1983, if that Act had applied to the record, the release and transfer of that record is not authorised by this resolution;

(2) this resolution has effect notwithstanding the provisions of any other resolution or standing order of the House; and

(3) this resolution has effect from 1 January 2001 and that it continue in force unless and until amended or rescinded by the House in this or a subsequent Parliament.

This is quite a significant matter. Since its establishment in 1944, the House of Representatives Standing Committee of Privileges has taken much of the evidence on its inquiries in camera and that evidence has never been published by the committee or the House. In the 1970s and 1980s the committee published the evidence of some of its inquiries when it tabled its reports on those inquiries. However, the evidence of other inquiries remained in camera. From 1987, the committee discontinued its practice of taking all evidence in camera and the evidence to a number of inquiries was taken in public.

In November 1999, the Standing Committee of Privileges reported on the in camera evidence given to one of its more well-known inquiries—the 1955 inquiry into articles published by the Bankstown Observer. The inquiry related to allegations of breach of privilege against the proprietor of the Bankstown Observer, Mr Raymond Fitzpatrick, and the journalist who wrote the articles, Mr Frank Browne. Mr Browne and Mr Fitzpatrick were found guilty of a serious breach of privilege by publishing articles intended to influence and intimidate a member of this House, the member for Reid, Mr C.A. Morgan. The committee recommended that the House take appropriate action and, after hearing Browne and Fitzpatrick at the bar of the House, sentenced each to three months imprisonment.

Having examined the evidence to the inquiry and taken legal advice, the Privileges Committee in 1999 recommended to the House that the in camera evidence given to the Bankstown Observer inquiry be authorised for publication and released through National Archives. The committee's recommendation has stimulated an interest in the public for the release more generally of the in camera evidence given to the Standing Committee of Privileges. There is an annual release of the 30-year-old confidential records of executive government with the exclusion of particular records specified in the Archives Act which, among other matters, represent `an unreasonable intrusion upon the affairs of any person alive or deceased'. It has been suggested that there could be a similar annual release of the 30-year-old in camera evidence to the Standing Committee of Privileges with the same restrictions placed on documents so they may be excluded from the release.

This motion would give effect to a procedure for the annual release of 30-year-old in camera records of the Standing Committee of Privileges. The procedure would involve the secretary of the Privileges Committee advising the Speaker on the release of records in accordance with the exemption referred to earlier, provided for under the Archives Act. To ensure consistency of approach, it is envisaged that the secretary would consult with the Director-General of Archives, then with the chairman of the committee before formally advising the Speaker. The process would, as far as practicable, mirror the process followed for the release of executive government records which is done in January each year. It is envisaged that the 30-year-old evidence of the committee, including the Bankstown Observer inquiry records, would be ready for release in January 2001. Agreement to this motion would mark a historic day in the House of Representatives. It would finally see the release of in camera evidence of the Privileges Committee and is consistent with the policy on cabinet records and open government.

I do wish to acknowledge the work and cooperation of the Privileges Committee in this matter, in particular the chairman of the committee, the Hon. Alex Somlyay, for his determination to ensure that the views of the committee were reflected in the government response. It is another indication of this government's willingness to look at issues on their merits. It was something that could have been done under the previous government but, of course, was not. It will be interesting to hear the comments of the member for Watson, who seems keen to address the House. I commend the motion to the House. I think it is a sensible course of action. I myself have not seen these records, obviously enough. It will be a matter of historic interest to all members of the House and members of the general community.