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Legislative Assembly for the ACT: 2001 Week 4 Hansard (28 March) . . Page.. 1042 ..
MS TUCKER (continuing):
It then goes on to say:
Because governments have usually complied with orders for the production of documents, the question of what the Senate might do if it is considered that the government had without due cause refused to produce a document has not been fully answered. The question remains whether the Senate, to punish the government for not producing a document, would be prepared to resort to more drastic measures than censure of the government, such as refusing to consider government legislation. It is also open to the Senate to treat a refusal to table documents as a contempt of the Senate ...
The House of Representatives Practice section on orders and resolutions of the House states:
Other than in relation to matters such as its power to send for persons, papers and records and its powers in regard to enforcing its privileges, decisions of the House alone have no legal efficacy on the outside world.
In other words, the parliament's power to censure persons, papers and records is very strong.
It is clear, Mr Deputy Speaker, that this is a serious issue. This minister has refused to comply with an order of this Assembly to table documents. He initially agreed to comply. The documents were to be presented to the Clerk. In fact, they were but they had significant information blacked out. The minister then apologised to the Assembly and said the situation would be remedied and the full information given to the Clerk. This did not happen. Instead, I received a letter from the minister on 14 March, in which he said:
I am writing to inform you that releasing the Commercial-in-Confidence documents on CTEC's relocation at this stage would not only be potentially damaging to the lessor but is likely to prejudice the finalisation of a lease which is beneficial to the Corporation.
The Government is committed to the principle of open and transparent government and would make available the lease to Members when negotiations are completed. However, at this stage there needs to be a balance between premature disclosure of confidential negotiations over the objections of the other party to those negotiations and the requirement for disclosure of details of contracts by government. In this case I have decided that the disclosure of details reached in the negotiations, excluding rental details, is appropriate.
To overcome the non disclosure of sensitive information at this stage, Mr Peter Stainlay, CEO, CTEC has advised me that he is available to brief Members on the relocation decision process. Should you wish to be personally briefed ...
And so on. This is most unsatisfactory. It is a refusal to obey an order for papers of this Assembly. The minister seems to think a briefing with the CEO of CTEC is somehow an appropriate alternative. This is not the case. I did accept the briefing but it was not in my mind that it was in some way an alternative to what the Assembly had asked for. I was interested to hear what the CEO had to say, and what he had to say left me with more questions than answers.
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