Senator BRANDIS (Minister for the Arts and Sport) (1:16 PM) —I seek leave to make a personal explanation.

Leave granted.

Senator BRANDIS —It has come to my attention that a number of this morning’s newspapers, in particular the Adelaide Advertiser, the Canberra Times and the Launceston Examiner, carry an item under the by-line of Paul Osborne concerning the selection of the replacement for Senator Santoro, which reports me as having said that there should be a ‘full preselection’. The article goes on to say—and the following words are those of the journalist, not a quote from me:

This attributes to me a view that, when the Queensland division of the Liberal Party chooses its nominee to replace Senator Santoro, it should reopen nominations for all positions on its 2007 Senate ticket, not just that vacated in consequence of Senator Santoro’s resignation.

That is not a view that I hold or have ever expressed. It is based on a misunderstanding of my response to a question during an interview with Peta Donald on the ABC’s World Today program yesterday. The full text of my remarks, which gives the context of the misunderstood answer, makes it perfectly clear that I was speaking only about the replacement of Senator Santoro. The expression ‘full preselection’ is obviously a reference to the Liberal Party’s ordinary constitutional processes being fully observed. That is in contradistinction to any abridged process, such as selection by the management committee or by the party’s state council, which might in special circumstances, of which this is not one, be adopted.

What the journalist has done is confuse the expression ‘full preselection’ with a preselection for the full ticket. That is obviously not what I was saying. And I might point out that other news agencies that reported my remarks, including ABC radio news and this morning’s Australian Financial Review, did not make the same mistake.

Senator Crossin interjecting—

The ACTING DEPUTY PRESIDENT (Senator Chapman)—Order! Senator Crossin.

Senator Carr interjecting—

The ACTING DEPUTY PRESIDENT —You too, Senator Carr.

Senator BRANDIS —As recently as the night before last I was asked, at a meeting of Queensland Liberal members and senators, my opinion about the legalities of this matter. In the presence of many colleagues, including Senator Ian Macdonald, I expressed the firm view that it would not be lawful for the Queensland division of the Liberal Party to reopen Senator Ian Macdonald’s preselection for the No. 1 position on the Queensland Liberal Senate ticket, since that preselection has already taken place. The only vacancies that will have been created by Senator Santoro’s resignation—

Senator Ludwig —Mr Acting Deputy President, I rise on a point of order. I respect the minister’s ability to be able to provide a personal explanation. I am not sure whether we have now fallen into an argument about ifs or buts or what have you.

Senator Robert Ray —We have, but I am enjoying it!

Senator Ludwig —It might be very enjoyable, but it is a question of whether it has gone past simply being a personal explanation.

The ACTING DEPUTY PRESIDENT —I remind the minister that, under the standing orders, he is entitled to make a personal explanation but not to debate the matter. I will listen carefully to the minister’s comments.

Senator BRANDIS —Thank you, Mr Acting Deputy President. I am nearly finished.

Opposition senators interjecting—

The ACTING DEPUTY PRESIDENT —Before you proceed, I ask honourable senators on my left to please remain silent and listen to the minister.

Senator BRANDIS —The only vacancies that will have been created when Senator Santoro’s resignation takes effect are the casual vacancies for the unexpired portion of his Senate term and for the No. 2 position on the 2007 Senate ticket. Senator Ian Macdonald’s position is completely unaffected, and any suggestion by the journalist—

Senator Carr —Which fence are you sitting on?

The ACTING DEPUTY PRESIDENT —Order! Senator Carr, I have already called you to order once.

Senator BRANDIS —that I proposed anything else is a misunderstanding of my response. What I have to say about the matter reflects my view of the correct legal interpretation of the relevant provisions of the Liberal Party’s state constitution. Although that is purely my view as a lawyer I should add that Senator Ian Macdonald also has my strong political and personal support as the nominee for the No. 1 position on the Queensland Liberal Senate ticket. I regret any concern which the misreporting of my remarks may have caused him.