17 August 2015
The Hon. Tony Abbott
Prime Minister
PO Box 6022
House of Representatives
Parliament House
Canberra ACT 2600
Dear Prime Minister,
Thank you for your letter of reply dated 12 August 2015 regarding the confidential volume of the interim report of the Royal Commission into Trade Union Governance and Corruption.
While I acknowledge your point that Commissioner Heydon AC QC recommended that this volume be kept confidential in order to protect the physical well-being of Royal Commission witnesses and their families, I do not accept the assumption that Royal Commission witnesses and their family’s well-being would be compromised should crossbench Senators be granted access to the volume under the normal secrecy provisions followed for access to other highly sensitive documents.
There are plenty of precedents and procedures in place for safely managing highly sensitive information and protecting witnesses’ well-being – while still allowing Senators access to vital information which allows them to properly scrutinise executive government’s actions and carry out their free and fair performance as Members of the Upper House of the Australian Parliament.
I note that since I received your letter, strong evidence has emerged which indicates the probability that Royal Commissioner Heydon, in accepting a key speaking role at a Liberal Party fundraiser, unless he resigns first – that he will be found by a higher court to have exhibited a form of bias.
Please note that I have called for Commissioner Heydon to resign from his position, because based on the facts, it will be impossible for the great majority of Tasmanians not to have the impression that he is biased.
In light of this information, and the fact that Royal Commissioner Heydon has shared his confidential volumes with all state Premiers and their staff, I invite you to reconsider your refusal to allow crossbench Senators to have access to the Commissioner’s confidential report.
I’m sure you’ll agree that crossbench Senators are just as trustworthy as State Premiers, with confidential information.
And that there is no logical reason for the Royal Commissioner or yourself to deny access to his confidential report – given that it’s been shared with all of Australia’s State Premiers and their staff.
Especially when all of the report’s information is needed to make an informed decision on whether to re-establish the Australian Building and Construction Commission.
With regard to the re-establishment of the ABCC, my view has shifted after I’ve conducted interviews with key stakeholders and re-examined the public record which you refer to in your letter.
I’m prepared to support your ABCC Legislation currently before the Parliament under these simple conditions:
1. All crossbench senators and senior staff are given access to the Heydon confidential report after following the usual strict protocols of signing non-disclosure agreements and giving undertakings that no information will be electronically recorded or notes are taken.
2. Your Government deregisters the CFMEU. As you point out in your letter “The Commissioner draws particular attention to the behaviour of the CFMEU concluding there is a culture of wilful defiance of the law which appears to lie at the core of the CFMEU.”
I agree that strong measures must be taken to remedy as you describe “widespread unlawful conduct in the building industry”.
And after research over the last few months, including meeting with CFMEU leadership, ordinary members and businesses who have been adversely affected by unlawful conduct in the building industry – I’m at a loss to understand why you haven’t taken the obvious, targeted, logical step of deregistering the CFMEU already.
Your inaction stands in stark contrast to the actions of the Fraser and then Hawk governments which deregistered the CFMEU’s predecessor – the BLF.
This is a matter I raised in the Senate last week during question time and your representative Senator Abetz still failed to explain your lack of action and your weak approach to tackling lawlessness in our construction industry.
(Click below to hear Senator Abetz’s Reply)
https://www.youtube.com/watch?v=4wVsea_D87s
I was pleased however that he found my proposal to deregister the CFMEU “interesting” and after informal talks with fellow crossbench Senators, I’m of the view that you would have a greater chance of passing Legislation which deregisters the CFMEU than legislation which re-establishes the Australian Building and Construction Commission.
Your legislation has been likened to using a sledge hammer to crack a walnut, rather than a more targeted and surgical approach that de-registration would certainly bring to our Building and Construction industry Nationwide.
I consider your offer to arrange a confidential briefing by a senior officer in your department on the Heydon confidential volume an insult and affront to the people of Tasmania.
I’m stunned that you think by offering me a confidential interpretation of the Heydon secret report by one of your staff – which I will not be able to talk about in the Senate – that I’m then able to make a properly informed decision when it comes to your ABCC Legislation.
I’m also stunned that you think your personal assurances and promise that the Heydon confidential volume “does not contain any reference to political corruption or any matter that would harm the reputation of the Liberal party” – actually influences my opinion and actions. Unfortunately, because of your long history of broken promises and mistruths, for the best interests of Tasmanians, nothing that comes out of your mouth means anything to me.
What matters is your actions and they – in this case, unfortunately show that you and Commissioner Heydon are unreasonably determined to stop crossbench Senators from accessing all information contained in the Royal Commission’s secret volume. Your tricky and obstructionist behaviour is interfering with my and other Senators’ free and fair performance as Members of Parliament.
Should this obstruction remain and this contempt of the parliamentary process continues – I will be forced to take all steps available to me under Standing Orders to hold you and Commissioner Heydon to account in the Senate.
In closing, I note that you closed by indicating your “government is committed to doing all that is necessary to reform the building and construction industry and to reinstate the rule of law in this sector.”
That statement is clearly false. Your government’s inaction on CFMEU deregistration and Senator Abetz’s reply to my question on notice last Tuesday proved that fact.
He could not properly explain why your government, unlike previous Liberal and Labor governments, has not moved to deregister a union which you describe as “continuing distain for the law”. It’s time to stop talking tough and follow through with effective action. Take that first step and arrange for Commissioner Heydon’s confidential report to be viewed under appropriate security conditions by all crossbench senators.
I look forward to co-operating with you and cleaning up not only the building and construction industry – but the Financial and Banking sectors and Health system of frauds and criminals.
Yours Faithfully,
Senator Jacqui Lambie
Senator for Tasmania
Cc The Hon Malcolm Turnbull MP
The Hon Julie Bishop MP
Download Senator Lambie’s letter to the PM about her qualified support for the ABCC legislation:
Letter_to_Prime_Minister_re_response_to_letter_re_Heydon_report_-_17-8-15.pdf
Rob Messenger
