1.1
The committee reports, that in relation to the order for the
Attorney-General, Senator the Hon George Brandis QC, to produce documents[1]
related to the committee's inquiry into the nature and scope of any agreement
reached by the Commonwealth and Western Australian governments in relation to
the distribution of proceeds of the liquidation of, and litigation concerning,
the Bell Group of companies (the proceeds):
- The questions set out in Appendix 1 to this report have not been
answered; and
-
That in a number of instances, the Attorney-General is attempting to
rely on a claim of public interest immunity on the ground that it is against
the public interest to disclose confidential legal advice.
1.2
In his response to the Senate, tabled 23 March 2017, the
Attorney-General stated:
Thus, whether or not the Senate has accepted that matters
pertaining to confidential legal advice to government are always and in all
circumstances immune from disclosure is neither here nor there. The fact is
that, in general, such matters are not disclosed.[2]
1.3
However the committee notes that despite the Attorney-General's
statement, merely stating that a document is subject to legal professional
privilege or is confidential legal advice to government are not grounds
accepted by the Senate as a basis for withholding details or explanations from
the Senate or its committees. Rather the Senate requires that the minister
shall provide to the committee a statement of the grounds for concluding that
it would not be in the public interest to disclose the information, specifying
the harm to the public interest that would result from disclosure of the
information or documents.
1.4
The committee will give further consideration to the matter following
the Attorney-General's appearance before the Senate at 9.30 am on Thursday 30
March 2017.
Senator Louise Pratt
Chair
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