ACCL Inquiry Call Following Senator Heffernan Fiasco

The Australian Council for Civil Liberties (ACCL) has called on the Senate to conduct a fundamental and wide ranging Inquiry on the abuse of parliamentary privilege.

ACCL President Terry O’Gorman made the call in the wake of the Senator Heffernan/Justice Kirby fiasco.

“With Justice Kirby’s reputation cynically trashed by Senator Heffernan’s late night breach of Senate procedures dealing with the naming of Judges under parliamentary privilege, Senator Heffernan’s foreshadowed forced apology to the Judge should not end the matter”, Mr O’Gorman said.

Mr O’Gorman said while there were sound reasons for not naming Judges under parliamentary privilege in order to protect the institution of the Courts, others who are frequently enough attacked under parliamentary privilege are entitled to better protection than exists under current procedures.

“While the Senate has instituted a written right of reply procedure for those attacked under parliamentary privilege, this is an inadequate protection for those defamed as the reply procedure is too slow and does not command the same level of media attention as the original allegation”, Mr O’Gorman said.

Mr O’Gorman said while acknowledging that parliamentary privilege needs to be retained, a Senate Inquiry could build on the useful work undertaken in this area by Clerk of the Senate Harry Evans.

“Experts on parliamentary procedure from around Australia as well as experts versed in the procedures of the UK and Canadian parliaments could be asked to contribute to such an Inquiry”, Mr O’Gorman said.

“And the results of such a Senate Inquiry could be adopted at State parliament level where the damaging of personal reputations under parliamentary privilege is commonplace”, Mr O’Gorman said.

Mr O’Gorman said he had written to the Opposition, the Democrats and the Greens asking for the establishment of an Inquiry.

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19 March 2002

Australian Council for Civil Liberties