I just finished reading a book called
Don't Tell the Prime Minister, written by Patrick Weller. It's about the children overboard affair that occurred just before the 2001 Australian federal election.
The Prime Minister, Immigration Minister, and Minister for Defence had announced to the nation that some asylum seekers in a ship trying to approach Australia from the north had thrown some of their own children overboard to force the Australian navy to rescue them, and hence take them onto Australian soil (where they would be granted additional legal rights). About a week later some photos were released, claiming to show the events, and it was claimed that video footage of the event existed as well.
The problem of course was that it never happened.
It appears as though miscommunication caused the false information to quickly rise up through the chain of command, and then was quickly released by the Ministers (who were in the middle of an election campaign where people smuggling was a big issue). The northern regional commander called the captain of the HMS Adelaide while they were boarding the suspected illegal entry vessel. The captain was distracted and told his superior that the refugees were threatening to throw children overboard. This got misinterpreted.
The photos and video were actually of the ship sinking 1 day later.
The scandal was not really that the wrong information was released (although why something so provocative was released with no written record of the event is an issue), but that no one from the government bothered to fix the record until The Australian published it a month later.
The book follows the events based on the discoveries of two Senate committee enquiries (which were controlled by the opposition). It seems to lay blame in a number of areas.
Firstly, the Chief of Defence Force, Admiral Chris Barrie, seems to have ignored the contrary evidence for a long period of time, and refused to change the official advice to the government. He insisted that he would back the captain's version of events until presented with compelling evidence that it was false. Of course the caption's version of events was that it never happened...
Secondly the Prime Minister's Department, and the Department of Defence did not ever formally pass word that the events never happened onto the appropriate Ministers' offices. While some informal chats took place, they didn't seem to place enough emphasis on what really happened.
Thirdly a lot of blame is placed on the Ministers and their offices. Their staff were definitely told informally what happened, but they decided to ignore the 'informal chats' probably because it would have been bad politics to publicly withdraw the claims in the middle of the election campaign. Thus the Prime Minister could claim to have been acting on advice and go on defending the claims based on the advice he had been given. The Ministers in turn never bothered following up on the evidence (or lack thereof) because it was convenient not to know.
Where the book really challenges things though is towards the end when examining how the Senate committee was forced to operate. In the federal Parliament in Australia, the Senate is frequently controlled by a composition of opposition parties, and so most enquiries occur there. However, Senate committees have no power to compel any member of the House of Representatives to testify before them (and none ever do). All the Ministers in this case were members of the House. Thus the committee could not question them about what actually happened (and question time in Australia is more of a farce than in New Zealand so that doesn't help matters).
In addition though, it has long been held that Senate committees do not have the power to call the staff in the Minister's private office either, as they have been long held to be an extension of the Minister themselves. The then Clerk of the Senate disputed that, but neither major party actually wants to challenge that ruling.
Patrick Weller's point is that the Ministerial staff become effectively accountable to no-one. They hold a lot of power unofficially, but can't be held to account for their actions. These days some private offices are extremely large, and so the old fiction of the staffers simply being an extension of the Minister is no longer true. While their Ministers are theoretically accountable for their actions, in practice this doesn't happen. Ministers very rarely resign these days for failings by the private office staff.
From reading this, it seems to me that more checks are required. I don't see why Senate committees should not be able to call the staff in the Minister's office before a relevant enquiry. Particularly when it is the Senate who performs most enquiries, and the fact that most Ministers are from the House (and so have immunity). An alternative would be to permit members of the executive to be called before committees of both houses. But either way I think the Parliament must be able to hold the executive to account more effectively.
Weller ends with a quote from Winston Churchill when told of the loss of Singapore in World War II: "I did not know, I was not told, I should have asked."
Roy White
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Roy White
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Thanks a lot! I was blessed by your post :) Glory to God!
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