22nd Aug 2018, 4:37 PM – Senate Documents - Future Submarine Project - Order for the Production of Documents

The majority voted against the third paragraph of the motion introduced by Centre Alliance Senator Rex Patrick, which means it failed.

Motion text

(1) That the Senate notes that the following orders for the production of documents have been directed to the Minister for Defence, and as the Minister representing the Minister for Defence Industry, Senator Payne:

(a) on 9 November 2016, for documents relating to the Future Submarine Design and Mobilisation Contract – while a redacted version of the contract was provided on 1 December 2016, on 8 February 2017, the Senate rejected the public interest immunity claim made in relation to contractual intellectual property rights and the documents remain outstanding;

(b) on 4 September 2017, for documentation relating to the Future Frigate tender process – the Senate rejected the minister’s claim of public interest immunity, but the documents were later released under freedom of information legislation;

(c) on 12 February 2018, for documents relating to the Australian Industry Capability Plan, submitted by DCNS to the Department of Defence in its response to the Future Submarine Competitive Evaluation Process – the minister was required to attend the chamber on 10 May 2018 to make a statement, and the documents were later released under freedom of information legislation; and

(d) on 20 June 2018, for documents from the Final Cost Estimate Template that DCNS submitted in response to the Future Submarine Competitive Evaluation Process – the Senate rejected the minister’s claim of public interest immunity on 28 June 2018 and the documents remain outstanding.

(2) The Senate orders that:

(a) the Minister representing the Minister for Defence Industry be required to attend the Senate on 17 September 2018, at 10 am, to explain why the minister has not complied with the order numbered 862 for the production of documents; and

(b) any senator may move a motion to take note of the minister’s statement and any such motion may be debated for no longer than one hour, and have precedence over all government business until determined.

(3) If, at the completion of the debate any senator is not satisfied as to the explanation, and noting the minister has consistently defied the will of the Senate in respect of its rulings on public interest immunity, the senator may move a motion in the following terms: That the Senate resolves that, until such time as the Senate resolves that it is satisfied that the order for the production of documents numbered 862 has been complied with, the Minister representing the Minister for Defence Industry shall be prohibited from sitting on the frontbench seats reserved for ministers, and be allocated a seat by the President in another seat.