SENATOR FAULKNER:
Well, thanks very much for coming along. Today I am announcing that Cabinet has moved to abolish the power of agencies and ministers to issue conclusive certificates under the FOI and Archives Act.
And this of course meets another of the Rudd Government's election commitments. Abolishing conclusive certificates is a major step towards restoring trust and integrity in the handling of government information as all decisions refusing access to documents by FOI decision-makers will now be subject to full independent merits review by the administrative appeals tribunal.
The Government will introduce this legislation in the next session of Parliament. The Government is committed to reforming the FOI act and promoting a pro-disclosure culture across government.
This legislation abolishing conclusive certificates will also include some additional measures relating to the AAT's procedures for handling FOI reviews including having the Inspector-General of intelligence and security provide evidence to the AAT in relation to national security documents.
In terms of existing certificates, they will be revoked if and when new applications are made for those documents which have been the subject of those certificates.
I do stress, however, that the revocation of existing certificates will not affect the ability of decision-makers to claim exemptions under the FOI act where it is legitimate for them to do so. The abolition of conclusive certificates is the first stage of our proposed FOI reforms.
The second stage dealing, with our broader reforms, will occur later this year with the release of an exposure draft of FOI reform legislation for public comment and consultation. These consultations will allow the Government to seek a range of views on its proposals for improving FOI laws and implementing the Government's 2007 FOI election commitments. We expect that after all submissions are considered, the Government will be able to introduce legislation containing the full package of FOI reforms in 2009.
Ladies and gentlemen, I believe that this will be the most significant overhaul of the FOI Act since its inception in 1982. One of the most important features of the legislation will be the creation of the FOI commissioner.
For the first time, there will be a statutory office-holder with responsibility for oversight of FOI across the Commonwealth. We also recognise that there needs to be more widespread acceptance of greater openness in government. Our reforms will promote that objective. In order to fulfil the Government's FOI election commitments as quickly as possible, Cabinet has agreed that the Attorney-General ask the Australian Law Reform Commission not to proceed with its inquiry into FOI at this time.
As you know, the ALRC was not due to report until December of this year. The ALRC has agreed that given the Government's proposed timetable, it's more sensible and appropriate that the ALRC review the FOI Act after the Government's reforms have come into operation. By then, the effects of the reforms and changes will be clearer.
This is preferable to proceeding with the current review which would effectively be out of date the moment it was delivered. I can also say to you that I believe the Government's approach on FOI is in stark contrast to the inaction of the previous government, who for nearly 12 long years sat on their hands in respect of FOI.
I note that the ALRC/ARC in their open government report recommended changes to FOI which were provided to the Howard Government way back in 1996. I think that we've lost more than a decade in FOI reform. The Rudd Government is determined to move on these issues and create information disclosure processes that work for the 21st Century.
The reforms I've announced today are yet another real commitment to restoring trust in the integrity of Government and the integrity of the handling of Government information. FOI reform, of course, is part of our broader commitment to accountability and integrity which has already been demonstrated by our action on issues such as electoral donations, disclosure legislation, merit-based appointments for senior public servants, guidelines depoliticising government advertising and codes of conduct for lobbyists and for ministerial staff.
The reforms that I've announced today and the Government's proposed course of action for delivering on its remaining FOI commitments, I believe will make Commonwealth Government more accountable, more open and more transparent. And I'm very happy to answer any questions that you may have on these matters.
JOURNALIST:
Can you give us an example how the new laws will work, say for example a minister was under investigation?
SENATOR FAULKNER:
Well it's simply this; there will be no capacity for a minister or agency head to issue a conclusive certificate, no capacity for that to occur. So of course, what the situation that will apply on any matter, there will be a capacity for a full merit review by the Administrative Appeals Tribunal.
JOURNALIST:
Mr Faulkner, part of your policy was to drive a culture shift across the bureaucracy. Until today there's been very little public statements aimed at public servants to adopt a pro-disclosure culture to have a lean towards disclosure when making determinations on FOI. Will you issue a memo or take any real steps to get that message through, to drive that pro-disclosure culture as you promised?
SENATOR FAULKNER:
Well Matthew, I think that's a little ungenerous, I must say. In fact…
JOURNALIST:
[Inaudible]
SENATOR FAULKNER:
No, my expectations are high. In fact, I can say to you that I gave a speech to 300 public servants only last week on accountability and integrity where I really did stress the Government's agenda to reform FOI. I said in that speech that while I recognised the challenge that FOI presented for decision makers, it remains a key part of our commitment for more public processes.
I certainly noted that changing perspectives and culture in this area required their assistance, I certainly acknowledged that that's the case. And I did call on those senior public servants to show leadership and commitment to our objectives of greater transparency and openness.
And I - can I say to you that I also expect the new FOI Commissioner to drive this process. I think the FOI commissioner's going to have an absolutely vital role to play in generating and promoting cultural change on FOI within the Commonwealth bureaucracy.
JOURNALIST:
Are you confident though that the bureaucracy will support the changes?
SENATOR FAULKNER:
Well, I am confident and I think every government will expect its officials to ensure that government policy and the spirit of government policy is adhered to. And I'm very confident that that will be true of the public service in relation to our FOI policy and in relation to the announcement I'm making today about the abolition of conclusive certificates.
JOURNALIST:
There' a wave of FOI reform going on around the state. When Anna Bligh introduced her changes up there - or the process to implement these changes, she said she wanted a revolution in FOI in Queensland. She wanted the world's best practice. Is that what you want in Canberra? Do you want a revolution? Do you want to pick the best FOI procedures from around the world as part of these changes or are you going to be rather more modest than that?
SENATOR FAULKNER:
Well, I've never been described as a revolutionary so far in my political career Matthew, so I'll be careful in how I respond to your question. But I certainly want to see substantial reform. I certainly want to see substantial reform. Substantial reform is long overdue. As I said before, we haven't seen reform in Australia's FOI laws since the Act was introduced in 1982. It is long - reform is long overdue.
And of course, it takes a Government that's committed to reform, that's committed to more openness and is committed to more transparency to drive that reform. And I suppose coming to your question, I suppose it also takes a minister who has that level of commitment as well. And I do have that commitment. I see the election commitments that the Labor Party made in this area as being very significant indeed.
I'd say to you, given the nature of your question, I'd acknowledge that, you know, we're not rushing FOI reform. I think it has been a careful process and I can assure you that it's going to be a consultative process as well. I think that is an appropriate way to deal with this very important area of public policy. So even though you asked me in your question whether I'm a revolutionary or not…
JOURNALIST:
No, that's …
SENATOR FAULKNER:
What I commend to you is the approach that the Government is taking and the approach that I am taking on this issue, which is a real - a real and tangible commitment to reform in this area.
JOURNALIST:
One other criticism of Freedom of Information laws is the fact that it is very costly and it does take a lot of time. What will the Government do to help reform that aspect of the legislation?
SENATOR FAULKNER:
You're absolutely right to say that and it certainly has been a, and is, a criticism of the current FOI processes. You might be aware that one of the commitments the Government made prior to the last election was to deal with the issue of those costs and I can assure you that that commitment that we made prior to the last election, is one that we intend to honour in our second stage of reforms. We will be reducing that unnecessary cost burden in relation to FOI.
JOURNALIST:
Minister, have you had a chance to have a look at the Solomon Report in Queensland?
SENATOR FAULKNER:
I have had a chance to look at the Solomon Report. And I can say to you Matthew, of course the recommendations in the - that report will also be looked at in the course of the Commonwealth considering the framing of its new FOI legislation. I mean, I note of course that Mr Solomon's focus is not on Commonwealth FOI laws, it's in relation to the regime and processes that apply in the State of Queensland. But nevertheless, I happen to think it's a valuable and important input into the public debate on FOI.
JOURNALIST:
Did you see anything in there that troubled you?
SENATOR FAULKNER:
[Laughs] Well look, I'm not going to go into the detail of Mr Solomon's recommendations, or for that matter, speculate on what matters the Government might or might not pick up in the second stage of our reforms. But - so I think, I think it's fair to say, as I have mentioned to you, Mr Solomon's report is an important one. It is one that the recommendations of which will be, of course, something that we will look closely at as we deal with the next stage of our Commonwealth processes.
JOURNALIST:
Your office did originally say that the - earlier in this year that these reforms would be concluded by the end of this year. What's caused the delay?
SENATOR FAULKNER:
Well, I think the key issue here is to get this right, and I am very committed to getting this right. I don't think that - and I know there's been some small amount of criticism that it's taken the Government too long to move on this - on these matters. I don't accept that criticism. I don't think that criticism is fair. I mean, you need to keep in your mind that we're only now seven months into the life of the Rudd Government. I think even the harshest critic would have to acknowledge that we've ticked off on a lot of our election commitments in the area of integrity reforms so far in the life of the Government. That includes, I think, very significant changes to electoral laws, the - as I mentioned before - the establishment of a lobbyist code of conduct, ministerial staff code of conduct. A lot of work's gone into new advertising guidelines and the like. There's been a lot of work going into these integrity issues and into, what I would describe, the area of integrity reform.
And, I think it's also proper to say, given the question you've asked, that FOI itself and its legislative framework is complicated. It is complicated and I am very committed to getting this right. I am not committed just to rushing something through, but I might just make one other comment in relation to suggestion that perhaps we've been a little tardy, one that I've rejected. I mean I can say to you in relation to conclusive certificates that there have been no conclusive certificates issued since the Rudd Government has come to office.
JOURNALIST:
In the UK and other parts around the world, the politicians, the Parliament are subject to the FOI law. Would you intend to make politicians and the Parliament itself subject to Freedom of Information?
SENATOR FAULKNER:
Well, as you know, some elements of what a ministerial work is certainly subject to - or element of ministerial documents are subject, in many cases, to capacity for FOI laws to apply.
There are - the issues for the Parliament are ones for the Parliament. My own personal approach on this - and it's something that I think is certainly shared by many in the Senate, is to support as much transparency and openness as possible. And I know that's the approach now for a long time and I've seen this at close hand through the processes of Senate Estimates and the like. I know this is - I've seen it close hand. This is the approach certainly that the Department of the Senate takes. But at the moment I'm working through reform of our FOI legislation and if the Parliament also cares to examine some of these issues, that's not problematical as far as I am concerned. But my priority is the FOI Act and its reform, and that's where I'm putting all my energy and efforts at the moment.
But I stress with you, my own personal approach on these issues is to have openness and transparency and I'd commend this approach to members of Parliament, not only Senators, but members of the House of Representatives as well.
JOURNALIST:
So you'd consider that but you haven't got it?
SENATOR FAULKNER:
Well, at this stage the Government hasn't considered that - these issues are not just matters for government. I mean, we need to be respectful here of the fact that there are appropriate issues for executive government to deal with and I'm dealing with one of those today. But I'm also very respectful of the role of the Parliament here in relation to its own internal processes and that's why I point out to you the approach that the Department of the Senate takes and as a Senator I'm well aware of this, and can say that to you very clearly because I've seen that approach at close hand.
But my responsibility here is as a member of the executive and the role of executive government, and I am cautious - I am cautious about trampling into other areas in relation to the application of FOI laws and principles as far as the Parliament is concerned. So what's my primary focus and my current intention? It's to work in relation to reforming the FOI Act in the Commonwealth arena.
JOURNALIST:
Do you support the underpinning ethos of the Solomon Report, which was effectively to argue that if you're in receipt of government funds you should be FOIed? Do you see that underpinning your approach to reform or your government's approach do you think?
SENATOR FAULKNER:
I think that is an important principle and I think it's appropriate to acknowledge that's the case. As far as the use of government funds are concerned, I think I have a very strong record all my public life of trying to ensure that there is maximum transparency and accountability in relation to the way funds - government funds have been administered. And as I say, my own record on this I think is extremely strong. Now I'll need to go and have a look precisely at what Mr Solomon's recommendation in this area is. I mean, I have had an opportunity to look at his report and recommendations but I'd like to look specifically at the detail of what he might have said in this area.
But the broad principle, and one that I've certainly adhered to, and I think you - even an ungenerous person would have to acknowledge this is that where government funds have been expended, I think it's appropriate that there is accountability, I think it's appropriate that there is scrutiny, I've certainly argued all my time in par… in public life for parliamentary scrutiny of such expenditure and I have a close look at what Mr Solomon's - specific detail of Mr Solomon's recommendation. But that broad principle is one that I have certainly tried to adhered to throughout my time in the Parliament.
JOURNALIST:
Has Doctor - sorry, has Dr Ken Henry recommended the issue of certificates [indistinct]? Or any other secretaries…
SENATOR FAULKNER:
Not to my knowledge.
JOURNALIST:
He is fighting a valued rear guard action…
SENATOR FAULKNER:
No, well certainly not to my knowledge but the critical thing here is that no conclusive certificates have been issued during the life of the Rudd Government and to my knowledge none have been proposed.
Okay, thanks very much.
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