Maurice Hayes (Independent)

We do not want to elevate the words of my old friend, the Information Commissioner, to the status of holy writ any more than we would want to elevate the words of the high level committee. There could have been better constitutional proof reading of this section because Bills have gone to the Supreme Court before on this ground and been found wanting.

I have great difficulty with this section. While I supported extension of the closure of Cabinet papers to ten years, I expected an extension of that order would be paralleled by a relaxation rather than a tightening of the restrictions. A line must be drawn but in this case it is too broad. I agree with Senator Mansergh about the complexity of modern government but developing a domino theory along these lines could cover everything. It might be snobbish of me but I take offence at the extension of the status of civil servants and special advisers to include people of any description found about the place, although that might be a form of eccentricity on my part.

We should take another look at this matter on Report Stage to ensure the mantle of secrecy cannot be so easily thrown over any group or subject. Background papers are vital when one is making an assessment. I have written reports for Government on various issues and always tried to ensure I had the right of publication because if I am to be hanged, I want to be hanged for what I said myself, not for the gloss some Minister puts on it.

This is an important part of understanding what government is about. It is in the interests of good government that we do not draw this too tightly.