UPDATE
I've exchanged a couple of very cordial and pleasant notes with Peter Wicks late today. Peter stands by the accuracy of his report about the Committee's recommendations regarding Thomson. In simple terms that suggests that Peter has a very good source either from an MP on the Committee or less likely from one of the Parliamentary staffers.
The Committee will now be duty bound to investigate the leak.
ENDS
The website https://independentaustralia.net carries this report today:
The Privileges Committee issues a XXXXX to Craig Thomson for pointing out in Parliament that Michael Williamson, Kathy Jackson, Michael Lawler and Marco Bolano were all very likely to be crooks. Peter Wicks reports.
This morning, the findings of this Standing Committee will be handed down to Parliament after its lengthy analysis of one particular address to parliament by one former MP.
That former MP is Craig Thomson, whose lengthy address to parliament included allegations of some dodgy practices by several people and how some of them may have related to allegations against him.
Peter's report goes on to publish what appears to be a leaked copy of the Committee's recommendation against Thomson.
Publishing proceedings of the Committee before they are tabled in The House is a serious breach of the Committee's confidentiality. It's taken very seriously indeed in Parliament.
I'm sure Peter has a very good source and good reason to believe what he wrote. A link to his work is circulating widely on Twitter.
However the Committee isn't listed to report to the House on the Daily Schedule for the House of Representatives for today.
The Committee's website lists the Thomson investigation as still ongoing. And thus far the House has not heard from the Committee, with the house due to rise about now for the day.
Earlier today I wrote to the Secretary of the Committee:
Was the Craig Thomson investigation finalised today?
Is there a statement or hansard reference?
Thank you,
Michael
Reps, Members' Interests (REPS)
|
|
2:45 PM (2 hours ago)
|
|
|
|
Dear Mr Smith
The committee is yet to finalise its inquiry. When it has finalised it, the website will be updated in the usual way.
Yours sincerely
XXXXXXXX
_______________________________
Secretary to the House Committee of
Privileges and Members’ Interests
Deputy Clerk | HOUSE OF REPRESENTATIVES
PARLIAMENT OF AUSTRALIA
RG39 Parliament House, Canberra ACT 2600
ENDS
This is a very serious matter.
A breach of the Committee's confidentiality can put the leaker and any person who publishes the material in contempt of the Parliament and in very hot water.
Such a breach and publication took place in May 2012 involving Michelle Grattan and The Age.
The Privileges Committee's report is here - it includes these paragraphs:
1.13 On a number of occasions the Committee has expressed its frustration about inquiries it has conducted into unauthorised disclosures of committee information. These of course have been inquiries into disclosures from other committees, not an inquiry into a disclosure from the Committee of Privileges and Members’ Interests itself, but the issues are the same.
1.14 In a report in 1994 concerning the unauthorised publication of material from the then Joint Committee of Public Accounts (the 1994 report), the Committee (then the Committee of Privileges) noted:
The Committee acknowledges the difficulty that can be faced in seeking to ascertain the sources of such disclosures. Those guilty are unlikely to identify themselves. Media representatives can be expected to claim that their professional code of ethics prevents them from revealing the identity of such sources ...[2]
1.15 Similar sentiments have been expressed in a number of reports since 1994 and the Committee expresses the same frustration on this occasion reflecting the same issues.
1.16 In the 1994 report the Committee also noted in relation to the Australian Journalists Association Code of Ethics ‘that neither House has accepted the existence of such professional rules or conventions as justifying the refusal to reveal sources’.[3] Since then, the Parliament has enacted legislation to provide protection to journalists’ sources in relation to court proceedings. However, that protection does not extend to the powers that parliamentary committees have to compel journalists to reveal their sources. In light of the evidence, the Committee chose not to press further the matter of Ms Grattan’s sources.
1.17 While the person or persons who disclosed the material in the first place are the most culpable in these matters, the Committee reiterates the view in the 1994 report that ‘It is also important that where it is necessary to do so the Houses are willing to proceed against those who knowingly publish the material’.[4] In this case the Committee specifically asked Ms Grattan about her knowledge of the restriction on the publication of committee proceedings that have not been reported to the House and she responded:
I have thought about this matter, obviously, since. If I was aware, I had forgotten that awareness. I was aware that one does not pre‑empt committee reports. I do not know I was ever aware of dealing with the question of committee proceedings. I do not swear that I was not, but if I was, I had forgotten it.
1.18 The Committee does not find this explanation from one of the Press Gallery’s most senior and experienced journalists very satisfactory, but it chose not to pursue the matter further on this occasion.
1.19 However, the Committee wishes to make it very clear to Press Gallery journalists and their publishers that a potential contempt can be committed in the act of publishing material from parliamentary committees that has not been authorised for publication. The Committee’s view is supported by its equivalent committee in the Senate. In a report on the issues of parliamentary privilege raised by the unauthorised disclosure of committee proceedings, the Senate Committee of Privileges noted that:
The committee remains of the view, declared in the 74th report, that both the leaker and the receiver of the information are culpable and should be treated accordingly.[5]
1.20 In addition to a possible contempt being found as a result of publication of unauthorised material, it would be open to the Committee to recommend penalties to be imposed for a contempt.
ENDS