[Greens-Media] Media release: Emblems select committee to shed light on secret investigations into covert wiretapping

[David Shoebridge]

Media Release

11 November 2014



Emblems select committee to shed light on secret investigations into covert wiretapping



The Greens NSW welcome and support moves to establish a parliamentary select committee to finally remove the secrecy that, for more than a decade, has hidden how and why covert listening warrants were obtained by the NSW Police and NSW Crime Commission from 1999 to 2001.



Serious legal and ethical concerns have repeatedly been raised concerning these covert surveillance warrants which targeted senior police and even journalists.



Greens MP and Justice Spokesperson, David Shoebridge said:



"In Opposition the current government promised an open and transparent review of this ongoing scandal, but instead swept it under the carpet with another secret review.



"In order to shut down parliamentary questioning of the matter, the Government referred the scandal to the Ombudsman in October 2012, and gave that office fresh and oppressive new secrecy laws.



"The behind closed doors Ombudsman's inquiry has now been going for two years and the ongoing secrecy and unresolved and divisive investigation is causing real damage within the NSW Police Force.



"There are real concerns that high ranking former and serving police together with senior journalists have been interrogated by the Ombudsman and forced into secrecy with the threat of criminal sanctions if they spoke out.



"What we have is a secret police investigation that obtained secret warrants, that was then reviewed by a secret police investigation and is now being considered by a seemingly endless secret Ombudsman's inquiry.



"This secrecy must stop.



"I would hope that the committee, if it is established, will have the co-operation and support of the government who will see that finally the Parliament is acting to provide the long needed transparency that it promised," Mr Shoebridge said.



The full terms of the motion which was moved by the Hon. Robert Brown is below.



Media contact: David Shoebridge 9230 3030






1.       That a select committee be established to inquire into and report on the conduct and progress of the Ombudsman's Inquiry titled Operation Prospect, and in particular:



(a)           the use by the Ombudsman of secrecy provisions contained in sections 19A, 19B and 19C of the Ombudsman Act 1974,



(b)          the impact on the NSW Police Force of the Ombudsman's Inquiry titled Operation Prospect,



(c)           consideration of Police and NSW Crime Commission Operation Mascot and Police Integrity Commission Operation Florida and Police Strike Force Emblems, and



(d)          any other related matter



2.       That, notwithstanding anything to the contrary in the standing orders, the committee consist of seven members comprising:



(a)     three Government members,



(b)     two Opposition members, and



(c)     two crossbench members, being Mr Borsak and Mr Shoebridge.



3.       That the Chair of the committee be Mr Borsak and the Deputy Chair be Mr Shoebridge.



4.       That, notwithstanding anything to the contrary in the standing orders, at any meeting of the committee, any four members of the committee will constitute a quorum.



5.       That a committee member who is unable to attend a deliberative meeting in person may participate by electronic communication and may move any motion and be counted for the purpose of any quorum or division, provided that:



(a)     the Chair is present in the meeting room,



(b)     all members are able to speak and hear each other at all times, and



(c)     members may not participate by electronic communication in a meeting to consider a draft report.



6.       That the House makes clear its understanding that a statutory secrecy provision in statute does not affect the power of the House or of its committees to conduct inquiries and to require answers to lawful questions unless the provision alters the law of parliamentary privilege by express words, and that this view is supported by the following authorities:



(a)           New South Wales Legislative Council Practice, at pages 512-516,



(b)          Odgers' Australian Senate Practice, 13th edition, at page 66,



(c)           Mr Bret Walker SC in two advices from 2000 and 2012 published by General Purpose Standing Committee No. 4 in Report No. 26 entitled 'Budget Estimates 2012 - 2013', tabled in the House on 19 February 2013, and



(d)          the Solicitor General and Ms Mitchelmore of Counsel in a legal opinion provided directly to the Government on 9 April 2014 and tabled in the House on 6 May 2014.



7.             That the House further indicates that the statutory secrecy provisions in the Ombudsman Act 1974 and other relevant legislation do not affect the powers of the select committee to require answers to lawful questions or impede in any way the conduct of this inquiry.



8.             That the committee report by 25 February 2015.







David Shoebridge

Greens MP in the NSW Legislative Council

P: (02) 9230 3030 |T: @ShoebridgeMLC<http://twitter.com/#!/shoebridgemlc>

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