Page 1356 - Week 04 - Thursday, 4 April 2019
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Examples include when a committee is considering matters in relation to national security, where genuine concerns about individual privacy or commercial confidentiality … However, a committee should consider the matter very carefully before taking evidence in camera and should take evidence in this way only when it is considered absolutely necessary to its inquiries.
The companion goes on to state in the next paragraph:
Taking evidence in private may create problems for both committees and witnesses. Before taking evidence in camera, committees should ensure that witnesses are aware that in camera evidence can be authorised for publication by a simple vote of either the committee or the Assembly.
I stand corrected, Madam Speaker. I said before that the Assembly did not have a role in this, but it is quite clear from the companion that the Assembly can order the publication of confidential information. However, it is not clear from the companion that the Assembly can order the committee to conduct its deliberations in camera. The companion then goes on to talk about what the committee can do with evidence that has been taken in camera:
Committees that take evidence in camera, are then faced with the question of how it can be used. It cannot be quoted extensively without defeating the object of taking private evidence in the first place. It is also unsatisfactory to put forward a significant argument or reach a conclusion on the basis of evidence that cannot be revealed.
It is quite clear that the form and practice of this place has never anticipated a circumstance like this. I think that we should shy away from creating a precedent of having this Assembly tell the committee in such detail how it should conduct itself. It is unprecedented. We are a group of professionals. I have worked with most members in this place on committees. I know how people comport themselves on committees. They do it with dignity; they do it in a collegiate way; for the most part, as far as they can, they leave their political allegiance at the door before they come inside; they behave in a very dignified manner. (Extension of time granted.)
I have no doubt that Mr Pettersson has the capacity and the will to ensure that witnesses who come before this committee will be treated in a respectful, dignified and appropriate manner without this Assembly telling him how to do his business.
MS BERRY (Ginninderra—Deputy Chief Minister, Minister for Education and Early Childhood Development, Minister for Housing and Suburban Development, Minister for the Prevention of Domestic and Family Violence, Minister for Sport and Recreation and Minister for Women) (11.52): I thank members for their contributions today on this motion. I will attempt, first of all, to try to reassure Mrs Dunne on the direction I am hoping the Assembly will take today on my motion. I am conscious of not unnecessarily interfering with the direction that the committee will take on this inquiry. The issues that the committee considers are for the committee to determine.
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