Recommendations
Recommendation 1
2.33 The
committee recommends that the Senate should:
- use the political and procedural remedies outlined in paragraphs
2.15 and 2.16 as possible means to resolve non-compliance with the orders for production
of documents and the related disputed claim of public interest immunity made by
the Minister representing the Minister for Immigration and Border Protection
(Senator Cash) on 4 December 2013; and
- insist that the Minister representing the Minister for
Immigration and Border Protection (Senator Cash) be required to explain the
process by which the Minister representing the Minister for Immigration and
Border Protection considered the documents and reached a decision to claim
public interest immunity over them.
Recommendation
2
3.27 The
committee recommends that the Senate refer the following matter to the
Procedure Committee for inquiry and report, as a matter of urgency:
- the
process for independent arbitration in the NSW Legislative Council, including
that House's standing order 52;
- the
applicability of the NSW Legislative Council's model of independent arbitration
to the Senate;
- any
adaptations or amendments needed to the NSW Legislative Council's model in
order to implement a similar model of independent arbitration in the Senate;
- any
amendments to Senate practice and procedure required to implement a model of
independent arbitration;
- suitable
candidates for and / or qualifications required of an independent arbiter;
- in
respect of accessing and inspecting documents subject to a disputed claim for
public interest immunity, the proposal in the 52nd Report of the Committee of
Privileges whereby disputed documents are provided directly to an independent
arbiter for evaluation; and
- in respect of any such inquiry, the Procedure Committee
have power to send for persons and documents, to move from place to place, and
to meet and transact business in public or private session.
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