

- Title
COMMITTEES
A Certain Maritime Incident Committee
Establishment
- Database
Senate Hansard
- Date
13-02-2002
- Source
Senate
- Parl No.
40
- Electorate
New South Wales
- Interjector
- Page
208
- Party
ALP
- Presenter
- Status
Final
- Question No.
- Questioner
- Responder
- Speaker
Faulkner, Sen John
- Stage
A Certain Maritime Incident Committee
- Type
- Context
Committees
- System Id
chamber/hansards/2002-02-13/0110
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Hansard
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- DISABILITY SERVICES AMENDMENT (IMPROVED QUALITY ASSURANCE) BILL 2002
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QUESTIONS WITHOUT NOTICE
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Defence Signals Directorate
(Faulkner, Sen John, Hill, Sen Robert) -
Economy: Government Policy
(Calvert, Sen Paul, Hill, Sen Robert) -
Defence Signals Directorate
(Evans, Sen Chris, Hill, Sen Robert) -
Pensions and Benefits: Social Security
(Knowles, Sen Susan, Vanstone, Sen Amanda) -
Defence Signals Directorate
(Evans, Sen Chris, Hill, Sen Robert) -
Defence Signals Directorate
(Greig, Sen Brian, Hill, Sen Robert) -
Defence Signals Directorate
(Faulkner, Sen John, Hill, Sen Robert) -
Howard Government: Population Policy
(Harradine, Sen Brian, Hill, Sen Robert) -
Criminal Code Amendment (Espionage and Related Offences) Legislation
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Fisheries: Border Protection
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Airports and Aviation: Security
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Defence Signals Directorate
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VALEDICTORY
- Hill, Sen Robert
- Faulkner, Sen John
- Alston, Sen Richard
- Boswell, Sen Ron
- Patterson, Sen Kay
- Stott Despoja, Sen Natasha
- Ellison, Sen Chris
- Harradine, Sen Brian
- Abetz, Sen Eric
- Calvert, Sen Paul
- Conroy, Sen Stephen
- Ferguson, Sen Alan
- Eggleston, Sen Alan
- Chapman, Sen Grant
- Watson, Sen John
- Minchin, Sen Nick
- Knowles, Sen Susan
- Murray, Sen Andrew
- Macdonald, Sen Ian
- Cooney, Sen Barney
- COMMITTEES
- ADJOURNMENT
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QUESTIONS ON NOTICE
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Communications: Contracts to Deloitte Touche Tohmatsu
(Ray, Sen Robert, Alston, Sen Richard) -
Immigration: Mr Hussein Ali Hage Khalil Hammoud
(Brown, Sen Bob, Ellison, Sen Chris) -
Defence: Indonesia
(Brown, Sen Bob, Hill, Sen Robert) -
Workplace Relations: Unfair Dismissals
(Murray, Sen Andrew, Alston, Sen Richard)
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Communications: Contracts to Deloitte Touche Tohmatsu
Page: 208
Senator FAULKNER (Leader of the Opposition in the Senate) (4:21 PM)
—by leave—I move:
(1) That a select committee, to be known as the Select Committee on a Certain Maritime Incident, be appointed to inquire into and report by 16 May 2002 on the following matters:
(a) the so-called `children overboard' incident, where an Indonesian vessel was intercepted by HMAS Adelaide within Australian waters reportedly 120 nautical miles off Christmas Island, on or about 6 October 2001;
(b) issues directly associated with that incident, including:
(i) the role of Commonwealth agencies and personnel in the incident, including the Australian Defence Force, Customs, Coastwatch and the Australian Maritime Safety Authority,
(ii) the flow of information about the incident to the Federal Government, both at the time of the incident and subsequently,
(iii) Federal Government control of, and use of, information about the incident, including written and oral reports, photographs, videotapes and other images, and
(iv) the role of Federal Government departments and agencies in reporting on the incident, including the Navy, the Defence Organisation, the Department of Immigration and Multicultural Affairs, the Department of the Prime Minister and Cabinet, and the Office of National Assessments; and
(c) in respect of the agreements between the Australian Government and the Governments of Nauru and Papua New Guinea regarding the detention within those countries of persons intercepted while travelling to Australia, publicly known as the `Pacific Solution':
(i) the nature of negotiations leading to those agreements,
(ii) the nature of the agreements reached,
(iii) the operation of those arrangements, and
(iv) the current and projected cost of those arrangements.
(2) That the committee consist of 7 senators, 3 nominated by the Leader of the Government in the Senate, 3 nominated by the Leader of the Opposition in the Senate, and 1 nominated by minority groups and independent senators.
(3) That the committee may proceed to the dispatch of business notwithstanding that not all members have been duly nominated and appointed and notwithstanding any vacancy.
(4) That the chair of the committee be elected by the committee from the members nominated by the Leader of the Opposition in the Senate.
(5) That the deputy chair of the committee be elected by the committee from the members nominated by the Leader of the Government in the Senate.
(6) That the deputy chair act as chair when there is no chair or the chair is not present at a meeting.
(7) That, in the event of the votes on any question before the committee being equally divided, the chair, or deputy chair when acting as chair, have a casting vote.
(8) That the committee and any subcommittee have power to send for and examine persons and documents, to move from place to place, to sit in public or in private, notwithstanding any prorogation of the Parliament or dissolution of the House of Representatives, and have leave to report from time to time its proceedings and the evidence taken and such interim recommendations as it may deem fit.
(9) That the committee have power to appoint subcommittees consisting of 3 or more of its members and to refer to any such subcommittee any of the matters which the committee is empowered to consider.
(10) That the committee be provided with all necessary staff, facilities and resources and be empowered to appoint persons with specialist knowledge for the purposes of the committee with the approval of the President.
(11) That the committee be empowered to print from day to day such documents and evidence as may be ordered by it, and a daily Hansard be published of such proceedings as take place in public.
The opposition has moved this motion to establish a committee on what generally has been known as the `children overboard incident' that occurred during the federal election campaign. I thank the Senate clerks for helpfully removing the tabloid colloquialism and renaming the event `a certain maritime incident', which is perhaps more appropriate—but, if not more appropriate, certainly more senatorial.
Today's tabling by the Prime Minister of the internal PM&C report Investigation into advice provided to ministers on “SIEV 4” really does reinforce the need for a full parliamentary inquiry to scrutinise this matter. It does not get Mr Howard, and it does not get the government, off the hook on this issue. This report reveals an appalling lack of process and wide knowledge that what was being said publicly by ministers was wrong, and it points very strongly to a serious cover-up by certain ministerial advisers and ministers. It is inconceivable that Mr Howard did not know that what was being said publicly was just plain wrong. Look at page vii of this report. Let me just quickly quote from it:
In the light of continuing media attention, PM&C contacted Defence Strategic Command seeking evidence to confirm the initial advice and asking for a chronology of events. A chronology was provided to PM&C at around noon on 10 October, carrying the footnote “There is no indication that children were thrown overboard. It is possible that this did occur in conjunction with other SUNCs jumping overboard”.
I interpolate here that a SUNC is a suspected unlawful noncitizen. The report continues:
PM&C did not pursue the issue further once the photographs were released to the media on the afternoon of 10 October because the issue appeared to have been clarified.
The issue appeared to have been clarified? What an extraordinary statement to make. This matter can be properly and thoroughly examined only by a public Senate inquiry, and the resolution that I move today enables that particular inquiry to take place. I must say that we have had a very tangled web woven on this issue. There is no doubt that the Howard government deceived the Australian people on this issue, and what the opposition says is that it is time to unravel the web. It is time that we cleared up the various versions of events that have come from ministers, from departments and from agencies to find out what happened and how it was done.
I think the report which was tabled today in the House of Representatives by Mr Howard—the political tactic is to get all of the bad news out on the first day that there is a full parliamentary sitting; it is an age-old tactic that Senator Hill knows well—has generated many more questions than it answers. It is important that many of the people who were interviewed for this Prime Minister and Cabinet report alone—not to mention all of the other reports that have been undertaken, including one in Senator Hill's own department—who were interviewed for this report by an officer of the Department of Prime Minister and Cabinet, are interviewed by a parliamentary committee where all those who come before the committee are bound by rules on providing evidence within that forum.
There is no doubt that this report indicates that Mr Reith, and Mr Reith's staff, knew within 24 hours of his statements that elements of his original statement about children overboard were wrong. There is absolutely no doubt. Look at page ix under the heading, `Key findings regarding correction of misunderstanding about the photographs':
By 1100 on 11 October 2001, Mr Reith and a number of his senior advisers had been informed that the photographs released the previous day did not depict children in the water after having been thrown overboard on 7 October.
I have only had the most cursory opportunity—I have been stuck in this chamber since two o'clock today—to read some aspects of this Investigation into advice provided to ministers on “SIEV 4” report, but there are an amazing number of questions that just this report alone raises. I know that today in the House of Representatives Mr Howard really used every trick in the book to avoid answering the direct question, `When did you know?' When was the Prime Minister told?
Mr Howard was pressed on this but he was either unwilling or unable to name the date. He refused to tell the parliament when he knew. No Australian appreciates being misled by their government; in fact, Australians hate being lied to—they really do— particularly by people, governments and those of us in public life and in parliament, in whom they invest their trust. This behaviour in relation to this incident is, in the view of the opposition, the antithesis of proper, transparent democratic process. Using incumbency and using the reputation of our defence forces and intelligence agencies to create a grossly inaccurate perception of events that are very emotional in their nature, and to do that for political purposes, is about as low as a government can go. That is why we want to explore this issue and see how far the Howard government sank on this particular matter.
We had discussions with minor party senators, the Australian Democrats, and the Independent senators, and after those discussions the opposition agreed to extend the terms of reference that I had originally proposed for this inquiry and examine the cost and processes behind Mr Howard's so-called `Pacific Solution'. Of course, since the New Year there have been media reports of vast blow-outs in the budget covering the establishment and maintenance of offshore detention centres; we think it is appropriate that this be examined and we have accommodated the Australian Democrats, particularly, who put those views to us, and I know that they are supported by other senators in the chamber.
Before I complete my comments, because I know time is short on this, I want to very briefly address one of the amendments that will come forward in the name of Senator Brown relating to extending the inquiry into the Tampa-DSD matters which were a matter of questioning in question time today. I do understand the motivation of Senator Brown in this; I think these are proper questions to ask. But we believe that the select committee is the wrong forum in which to pursue questions about the activities of the Defence Signals Directorate and other intelligence organisations in relation to the Tampa incident.
We do welcome the fact that the Inspector-General of Intelligence and Security has decided that he will examine all matters pertaining to the interception and processing of communication between the Tampa and others. He must examine how this material was processed, who received the information and how it was used. He must do all that. But also—and I know Senator Brown would want to do this—we have to look at what the outcome of the inspector-general's inquiries might be. Under the new security legislation that was passed by this parliament last year, it is, in the view of the opposition, appropriate not to overturn the processes that were agreed, I think without dissent, by both chambers of this parliament. We believe that Mr Blick's report should be presented to the parliamentary joint committee on ASIO, ASIS and DSD. I might say that by `report' I mean `unexpurgated report'—a full report going to those issues that can be dealt with if necessary by that committee out of the public arena.
Having said that—and I made this very clear earlier today in this chamber—all those elements of the report should be made publicly available. All those elements which do not compromise national security must be provided fully and publicly on this important issue. Accepting that Senator Brown's motivation here to investigate what appears to be yet another abuse of process is proper, we will not support the amendment on the basis that the investigation in the first instance, as it should be, is being pursued by the Inspector-General of Intelligence and Security.
I urge the Senate to support this motion on the establishment of the select committee, especially in light of the new information that we know from the documents that have been tabled in the House of Representatives today. Further ramifications are revealed in this document Investigation into advice provided to ministers on “SIEV 4” that has been released by Mr Howard. These matters will not go away. It is a high priority for the Senate to deal with them, and we believe that the approach that the opposition has taken in consultation with minor party and Independent senators is the appropriate course of action. I commend the opposition's motion to the Senate.