Report to the Senate

Report to the Senate

Introduction

1. On 9 May 2006, the Senate referred to the Committee for examination and report, the following documents:

2. The Committee has considered the proposed budget expenditure for the year ending 30 June 2007, and has received evidence from the Minister representing the Minister for Foreign Affairs and the Minister for Trade; also the Parliamentary Secretary representing the Minister for Defence, and the Minister for Veterans’ Affairs and officers of the departments and agencies concerned.

3. The Committee met in public session on 29, 30 and 31 May and 1 June 2006. Further written explanations provided by departments and agencies will be presented separately in volumes of additional information. This information will also be placed on the Committee’s internet site (www.aph.gov.au/senate_fadt).

Questions on notice

4. The Committee resolved, under Standing Order 26, that written answers and additional information should be submitted to the Committee by close of business on Thursday, 27 July 2006.

Foreign Affairs and Trade portfolio

Department of Foreign Affairs and Trade

5. The Committee acknowledged the attendance at the hearings, of Mr Doug Chester, and Ms Gillian Bird, and officers of the Department of Foreign Affairs and Trade.[1]

6. The Committee notes that it wrote to the Secretary of Department of Foreign Affairs and Trade, Mr Michael L'Estrange, on 16 May 2006, inviting him to attend the public hearings. He declined the invitation stating:

Consistent with the practice established over many years now, the Minister for Foreign Affairs and the Minister for Trade are of the view that the representation of the Department at the estimates hearings at Deputy Secretary level, and involving Division Heads, Branch Heads and other relevant Departmental officers, is appropriate and enables the Department to fulfil its responsibilities at these Committee hearings in a proper, effective and practical way.

7. It is true that a practice seems to have developed whereby the Secretary of the Department does not attend the estimates hearing. The committee has no doubt that the officers representing the Department of Foreign Affairs and Trade at estimates hearings are fully competent to speak authoritatively and informatively on matters asked of them. Nonetheless, the Committee is disappointed that the Secretary of the Department, does not appear. It is more concerned, however, that the non–appearance of the Head of the Department is deemed to be accepted practice. The committee suggests that even though this may be a long–standing practice, it may not be the most desirable one.

8. The Committee believes that the Secretary of the Department of Foreign Affairs and Trade would make a valuable contribution to the estimates process. His knowledge, experience and the authority with which he speaks would be much appreciated. The committee makes an open invitation to the Secretary to attend future estimates hearings.

Late answers to questions on notice

9. The Department of Foreign Affairs and Trade was asked about the late response to the 52 questions taken on notice during the last estimates hearings in February 2006. The department informed the committee that no question had been answered by the required date of 30 March 2006 set down by the committee. Mr Doug Chester, Deputy Secretary, stated that all but one of the answers had been sent as a single package to the Minister's office on 5 April for clearance. He explained that they were cleared by Mr Vaile on 9 May and by Mr Downer on 22 May and submitted to the committee as a package on 23 May.[2]

10. The Committee sought an explanation for the approach taken in treating the questions as a single set. This arrangement meant that the complex questions warranting more detailed attention held back the production of the bulk of answers. The Minister told the committee that sometimes the complexity of answering some questions creates delay. She stated, however, that the Committee 'has an entitlement to have its questions answered in as timely a manner as possible' and undertook to mention the matter to both Minister Downer and Minister Vaile.[3]

Matters that might come before the Cole Commission and future hearings

11. During the last estimates hearings in February 2006, the Minister at the table informed the committee of a government directive instructing officials appearing before Senate legislation committees not to answer questions on matters before the commission of inquiry being conducted by the Hon. Terrence Cole into certain Australian companies in relation to the oil for food program.[4]

12. The Minister explained that:

...the royal commission has been set up to deal with those issues in a public way, in a transparent way, that enables all those matters to be properly canvassed. The government has taken the view that it should run its course at an appropriate time.[5]

13. This directive remained in force for the current estimates hearings and on a number of occasions officers declined to answer on the grounds that the questions touched on matters that could come before the Royal Commission.

14. The Minister did, however, inform the committee that:

The government has taken this course not in any way to deny this committee its core job. It is simply a matter of timing to allow the inquiry to run its course. The statement itself says that it might be appropriate for us to make responsive answers to all these questions once the inquiry has reported.[6]

15. The Committee was particularly concerned about the future availability of officers to answer questions that they currently, under the government directive, cannot answer. The Committee noted that officers frequently move from one area of responsibility in the department to another. It was concerned that once the directive was lifted, relevant officers may have moved to another area of the department and may no longer be available to the committee to examine.

16. A committee member brought his concerns to the attention of the Department, and requested that officers involved in the AWB and oil for food inquiry be available to answer questions at future hearings even though they may have moved to other areas of responsibility.

17. The Committee now takes up matters raised during the hearing. They included:

Portfolio overview

1.1.1 North Asia
1.1.2 South and South East Asia
1.1.3 Americas and Europe
1.1.4 South Pacific, Middle East and Africa
1.1.5 Bilateral, regional and multilateral trade negotiations, and
1.1.6 Trade development /policy coordination and APEC [heard Tuesday, 30 May]
1.1.7 International organisations, legal and environment
1.1.8 Security, nuclear disarmament and non–proliferation
1.2 Secure Government communications and security of overseas missions

AusAID [head Tuesday, 30 May 2006]

18. The Committee acknowledged the attendance at the hearings of Mr Bruce Davis, and officers representing AusAID.

19. Matters raised by the Committee included:

Austrade [head on Tuesday, 30 May 2006]

20. The Committee acknowledged the attendance at the hearings of Mr Hamish McCormick, and officers representing Austrade.

21. Matters raised by the Committee included:

Defence portfolio

Department of Defence

22. The Committee acknowledged the presence at the hearings, of Mr Ric Smith, AO, Secretary of the Department of Defence, and Air Chief Marshal, Angus Houston, AM, Chief of Defence Force (CDF).[7]

Declining to answer questions

23. In his opening statement, the Chair made clear that the Senate, by resolution in 1999, endorsed the following test of relevance of questions at estimates hearings:

Any questions going to the operations of financial positions of the departments and agencies which are seeking funds in the estimates are relevant questions for the purposes of estimates.

24. He explained further that 'the Senate has resolved that there are no areas in connection with the expenditure of public funds where any person has a discretion to withhold details or explanations from the Parliament or its committees unless the Parliament has expressly provided otherwise'.

25. It should be noted, however, that an estimates committee does not have the capacity to receive evidence in camera and on occasion a clash of interests arises between the committee seeking information and an officer or minister declining to answer a question or series of questions. Under such circumstances, the Committee normally requests or is presented with the grounds for refusing to answer which it then considers and decides whether to require an answer.

26. Such a situation arose during the examination of officers from the Department of Defence. The Committee was inquiring into Lieutenant Commander Fahy's case. She had made allegations of assault and bullying which had been widely canvassed in the media. The Committee recognised that this was a sensitive matter that touched on privacy concerns involving not only Ms Fahy but other individuals caught up in the case. Both the Committee and the Parliamentary Secretary acknowledged that there could be problems pursuing this matter in a public forum. The Parliamentary Secretary stated:

These are particularly difficult matters. The Navy—and the ADF generally in these sorts of things—has one hand tied behind its back. It wishes to be fair and appropriate; at the same time, allegations can continue to be made in the public arena. I think that, in the pursuit of natural justice and privacy matters, we just have to move with the program that has been placed by Navy in the way ahead. We can continue to ask questions, but I just think it is an inappropriate forum and doing nobody, including Lieutenant Commander Fahy and her parents and the Navy, any good at all.[8]

27. The Committee recognises the need to balance the rights of Committee members to information with the rights of individuals to privacy. It understands that under circumstances where the Committee is seeking information on highly sensitive matters that it considers should not be aired in public, it has the option of pursuing the matter in a forum other than estimates.

28. Under standing orders 25(2)(b) and 25(21), the Senate Foreign Affairs, Defence and Trade Legislation Committee may inquire into matters dealing with the performance of departments under its purview. Standing order 25(2)(b) allows legislation committees 'to inquire into and report upon...annual reports in accordance with a reference of such reports to them, and the performance of departments and agencies allocated to them'. Standing order 25(21) states that 'Annual reports of departments and agencies shall stand referred to the legislation committees in accordance with an allocation of departments and agencies in a resolution of the Senate.'

Chief of the Defence Force opening statement

29. Chief of the Defence Force, Air Chief Marshal Houston gave the Committee a comprehensive overview of overseas deployment of ADF personnel. The Committee was particularly interested in the ADF operations in East Timor (pp. 5–7 [31 May]; pp. 4, and 24–30 [1 June]).

30. Air Chief Marshal Houston commented on the communal and gang violence and the nature of the criminal activities in East Timor. The Committee questioned him on a number of issues including the classification of the deployment for ADF personnel, the establishment and composition of the combined task force, and, rules of engagement (pp. 11–14; 19–21 [31 May]; pp. 24–30 [1 June]).

31. Other major themes examined during the hearing included:

Portfolio overview and major corporate issues:

Budget summary

Defence Materiel Organisation

Capital facilities projects
Outcome 2—Navy capability
Outcome 3—Army capability
Outcome 4—Air Force capability
Outcome 6—Intelligence
Outcome 7—Superannuation and housing support
People
Defence personnel

·                Protocols in place for the treatment of personnel injured, particularly those injured during initial training (pp. 34–36 [1 June]).

Defence legal

Defence Housing Authority

32. The Committee acknowledged the presence at the hearings of Mr Richard Bear, General Manager and Mr John Kitney, Chief Finance Officer, from Defence Housing Authority.

33. Issues that were discussed included:

Department of Veterans’ Affairs

34. The Committee acknowledged the presence at the hearings of Mr Mark Sullivan, Secretary, and officers of the Department of Veterans’ Affairs.

35. Issues that were discussed included:

Outcome 1—Compensation
Outcome 2—Health
Outcome 3—Commemorations
Output 6

Acknowledgements

36. The Committee expresses its appreciation of the assistance given during its hearings by Senator the Hon Helen Coonan and Senator the Hon Sandy Macdonald. The Committee also acknowledges the attendance and cooperation of the many departmental and agency officers and the services of various parliamentary staff involved in the estimates process.

 

Senator David Johnston
David Johnston
Chair 

Navigation: Previous Page | Contents | Next Page