Mr. Ripper accuses the Premier's department of deception regarding an FOI request for a Collie Basin saline recovery report. Mr. Barnett cites commercial sensitivity and offers a confidential briefing, while accusing the opposition of similar practices in the past.

AnsweredQoN 404Legislative Assembly
Asked
23 June 2011
Portfolio
Premier

QuestionView source ↗

COLLIE BASIN SALINE RECOVERY REPORT — FREEDOM OF INFORMATION REQUEST
In July 2010 the member for Balcatta made an FOI application to the Department of Water, which was in part passed to the Minister for Water’s office, requesting a copy of the report of the independent review of the saline recovery in the Collie basin. The minister’s office has yet to respond and the Department of Water provided some documents, but failed to release the requested report or claim an exemption under the Freedom of Information Act. Instead, the department released a doctored or sanitised version of the report in its place. (1) Does this attempt to pass off a doctored version as the actual report not amount to an act of deception by another one of the Premier’s government departments? (2) Will he direct that the full report be tabled before the house rises this afternoon and apologise for this attempt to subvert the operation of the FOI act and deceive the applicant? Mr C.J. BARNETT

AnswerView source ↗

(1)–(2) That report has commercially sensitive information within it. The Minister for Water and the Department of Water will table that report once those FOI matters are dealt with. In the meantime, I can offer the opposition a confidential briefing on that report, including its full contents. It affects third parties. I remind the house that there is nothing new in this. I will not hold up the house, but the previous government would not make information available on the sale of Central Park because of commercial confidentiality—the same with the Lotterywest sale. Mr Ripper stated that sales figures of businesses operated by private individuals who are not licensed are commercial-in-confidence. The same applied to the desalination plants. Mr E.S. Ripper : Now you have to advise the Auditor General. Do you do that? Mr C.J. BARNETT : I can go on and on. Mr E.S. Ripper : Do you abide by the Financial Management Act? The SPEAKER : Leader of the Opposition! Mr C.J. BARNETT : Do not come in here and pretend to be a virtuous person of accountability when these are examples of the Leader of the Opposition himself as a minister using commercial-in-confidence arguments. Mr E.S. Ripper : I abided by the law; you don’t. The SPEAKER : Leader of the Opposition! Mr C.J. BARNETT : There is no suggestion of that. Mr E.S. Ripper : There is a suggestion; you don’t abide by the law on this matter. Mr C.J. BARNETT : I take some exception to that. I do not have a criminal record; does the Leader of the Opposition or any of his members? Mr E.S. Ripper : You don’t abide by the law on this matter. It’s not a criminal matter; it’s a legal matter. The SPEAKER : Leader of the Opposition, I expect that you require an answer from the Premier. I suggest fewer interjections. Mr C.J. BARNETT : There are commercially confidential aspects relating to third parties on this. When the FOI matters are dealt with, it will be made available in full. In the meantime, if the shadow spokesperson wishes a full and detailed briefing, including access to that document, we are prepared to make that available. But to protect the commercial interests of third parties, we are not prepared to make it available generally.
(1) Does this attempt to pass off a doctored version as the actual report not amount to an act of deception by another one of the Premier’s government departments? (2) Will he direct that the full report be tabled before the house rises this afternoon and apologise for this attempt to subvert the operation of the FOI act and deceive the applicant? Mr C.J. BARNETT replied: (1)–(2) That report has commercially sensitive information within it. The Minister for Water and the Department of Water will table that report once those FOI matters are dealt with. In the meantime, I can offer the opposition a confidential briefing on that report, including its full contents. It affects third parties. I remind the house that there is nothing new in this. I will not hold up the house, but the previous government would not make information available on the sale of Central Park because of commercial confidentiality—the same with the Lotterywest sale. Mr Ripper stated that sales figures of businesses operated by private individuals who are not licensed are commercial-in-confidence. The same applied to the desalination plants. Mr E.S. Ripper : Now you have to advise the Auditor General. Do you do that? Mr C.J. BARNETT : I can go on and on. Mr E.S. Ripper : Do you abide by the Financial Management Act? The SPEAKER : Leader of the Opposition! Mr C.J. BARNETT : Do not come in here and pretend to be a virtuous person of accountability when these are examples of the Leader of the Opposition himself as a minister using commercial-in-confidence arguments. Mr E.S. Ripper : I abided by the law; you don’t. The SPEAKER : Leader of the Opposition! Mr C.J. BARNETT : There is no suggestion of that. Mr E.S. Ripper : There is a suggestion; you don’t abide by the law on this matter. Mr C.J. BARNETT : I take some exception to that. I do not have a criminal record; does the Leader of the Opposition or any of his members? Mr E.S. Ripper : You don’t abide by the law on this matter. It’s not a criminal matter; it’s a legal matter. The SPEAKER : Leader of the Opposition, I expect that you require an answer from the Premier. I suggest fewer interjections. Mr C.J. BARNETT : There are commercially confidential aspects relating to third parties on this. When the FOI matters are dealt with, it will be made available in full. In the meantime, if the shadow spokesperson wishes a full and detailed briefing, including access to that document, we are prepared to make that available. But to protect the commercial interests of third parties, we are not prepared to make it available generally.
(2) Will he direct that the full report be tabled before the house rises this afternoon and apologise for this attempt to subvert the operation of the FOI act and deceive the applicant? Mr C.J. BARNETT replied: (1)–(2) That report has commercially sensitive information within it. The Minister for Water and the Department of Water will table that report once those FOI matters are dealt with. In the meantime, I can offer the opposition a confidential briefing on that report, including its full contents. It affects third parties. I remind the house that there is nothing new in this. I will not hold up the house, but the previous government would not make information available on the sale of Central Park because of commercial confidentiality—the same with the Lotterywest sale. Mr Ripper stated that sales figures of businesses operated by private individuals who are not licensed are commercial-in-confidence. The same applied to the desalination plants. Mr E.S. Ripper : Now you have to advise the Auditor General. Do you do that? Mr C.J. BARNETT : I can go on and on. Mr E.S. Ripper : Do you abide by the Financial Management Act? The SPEAKER : Leader of the Opposition! Mr C.J. BARNETT : Do not come in here and pretend to be a virtuous person of accountability when these are examples of the Leader of the Opposition himself as a minister using commercial-in-confidence arguments. Mr E.S. Ripper : I abided by the law; you don’t. The SPEAKER : Leader of the Opposition! Mr C.J. BARNETT : There is no suggestion of that. Mr E.S. Ripper : There is a suggestion; you don’t abide by the law on this matter. Mr C.J. BARNETT : I take some exception to that. I do not have a criminal record; does the Leader of the Opposition or any of his members? Mr E.S. Ripper : You don’t abide by the law on this matter. It’s not a criminal matter; it’s a legal matter. The SPEAKER : Leader of the Opposition, I expect that you require an answer from the Premier. I suggest fewer interjections. Mr C.J. BARNETT : There are commercially confidential aspects relating to third parties on this. When the FOI matters are dealt with, it will be made available in full. In the meantime, if the shadow spokesperson wishes a full and detailed briefing, including access to that document, we are prepared to make that available. But to protect the commercial interests of third parties, we are not prepared to make it available generally.
Mr C.J. BARNETT replied: (1)–(2) That report has commercially sensitive information within it. The Minister for Water and the Department of Water will table that report once those FOI matters are dealt with. In the meantime, I can offer the opposition a confidential briefing on that report, including its full contents. It affects third parties. I remind the house that there is nothing new in this. I will not hold up the house, but the previous government would not make information available on the sale of Central Park because of commercial confidentiality—the same with the Lotterywest sale. Mr Ripper stated that sales figures of businesses operated by private individuals who are not licensed are commercial-in-confidence. The same applied to the desalination plants. Mr E.S. Ripper : Now you have to advise the Auditor General. Do you do that? Mr C.J. BARNETT : I can go on and on. Mr E.S. Ripper : Do you abide by the Financial Management Act? The SPEAKER : Leader of the Opposition! Mr C.J. BARNETT : Do not come in here and pretend to be a virtuous person of accountability when these are examples of the Leader of the Opposition himself as a minister using commercial-in-confidence arguments. Mr E.S. Ripper : I abided by the law; you don’t. The SPEAKER : Leader of the Opposition! Mr C.J. BARNETT : There is no suggestion of that. Mr E.S. Ripper : There is a suggestion; you don’t abide by the law on this matter. Mr C.J. BARNETT : I take some exception to that. I do not have a criminal record; does the Leader of the Opposition or any of his members? Mr E.S. Ripper : You don’t abide by the law on this matter. It’s not a criminal matter; it’s a legal matter. The SPEAKER : Leader of the Opposition, I expect that you require an answer from the Premier. I suggest fewer interjections. Mr C.J. BARNETT : There are commercially confidential aspects relating to third parties on this. When the FOI matters are dealt with, it will be made available in full. In the meantime, if the shadow spokesperson wishes a full and detailed briefing, including access to that document, we are prepared to make that available. But to protect the commercial interests of third parties, we are not prepared to make it available generally.
(1)–(2) That report has commercially sensitive information within it. The Minister for Water and the Department of Water will table that report once those FOI matters are dealt with. In the meantime, I can offer the opposition a confidential briefing on that report, including its full contents. It affects third parties. I remind the house that there is nothing new in this. I will not hold up the house, but the previous government would not make information available on the sale of Central Park because of commercial confidentiality—the same with the Lotterywest sale. Mr Ripper stated that sales figures of businesses operated by private individuals who are not licensed are commercial-in-confidence. The same applied to the desalination plants. Mr E.S. Ripper : Now you have to advise the Auditor General. Do you do that? Mr C.J. BARNETT : I can go on and on. Mr E.S. Ripper : Do you abide by the Financial Management Act? The SPEAKER : Leader of the Opposition! Mr C.J. BARNETT : Do not come in here and pretend to be a virtuous person of accountability when these are examples of the Leader of the Opposition himself as a minister using commercial-in-confidence arguments. Mr E.S. Ripper : I abided by the law; you don’t. The SPEAKER : Leader of the Opposition! Mr C.J. BARNETT : There is no suggestion of that. Mr E.S. Ripper : There is a suggestion; you don’t abide by the law on this matter. Mr C.J. BARNETT : I take some exception to that. I do not have a criminal record; does the Leader of the Opposition or any of his members? Mr E.S. Ripper : You don’t abide by the law on this matter. It’s not a criminal matter; it’s a legal matter. The SPEAKER : Leader of the Opposition, I expect that you require an answer from the Premier. I suggest fewer interjections. Mr C.J. BARNETT : There are commercially confidential aspects relating to third parties on this. When the FOI matters are dealt with, it will be made available in full. In the meantime, if the shadow spokesperson wishes a full and detailed briefing, including access to that document, we are prepared to make that available. But to protect the commercial interests of third parties, we are not prepared to make it available generally.
Mr E.S. Ripper : Now you have to advise the Auditor General. Do you do that? Mr C.J. BARNETT : I can go on and on. Mr E.S. Ripper : Do you abide by the Financial Management Act? The SPEAKER : Leader of the Opposition! Mr C.J. BARNETT : Do not come in here and pretend to be a virtuous person of accountability when these are examples of the Leader of the Opposition himself as a minister using commercial-in-confidence arguments. Mr E.S. Ripper : I abided by the law; you don’t. The SPEAKER : Leader of the Opposition! Mr C.J. BARNETT : There is no suggestion of that. Mr E.S. Ripper : There is a suggestion; you don’t abide by the law on this matter. Mr C.J. BARNETT : I take some exception to that. I do not have a criminal record; does the Leader of the Opposition or any of his members? Mr E.S. Ripper : You don’t abide by the law on this matter. It’s not a criminal matter; it’s a legal matter. The SPEAKER : Leader of the Opposition, I expect that you require an answer from the Premier. I suggest fewer interjections. Mr C.J. BARNETT : There are commercially confidential aspects relating to third parties on this. When the FOI matters are dealt with, it will be made available in full. In the meantime, if the shadow spokesperson wishes a full and detailed briefing, including access to that document, we are prepared to make that available. But to protect the commercial interests of third parties, we are not prepared to make it available generally.
Mr C.J. BARNETT : I can go on and on. Mr E.S. Ripper : Do you abide by the Financial Management Act? The SPEAKER : Leader of the Opposition! Mr C.J. BARNETT : Do not come in here and pretend to be a virtuous person of accountability when these are examples of the Leader of the Opposition himself as a minister using commercial-in-confidence arguments. Mr E.S. Ripper : I abided by the law; you don’t. The SPEAKER : Leader of the Opposition! Mr C.J. BARNETT : There is no suggestion of that. Mr E.S. Ripper : There is a suggestion; you don’t abide by the law on this matter. Mr C.J. BARNETT : I take some exception to that. I do not have a criminal record; does the Leader of the Opposition or any of his members? Mr E.S. Ripper : You don’t abide by the law on this matter. It’s not a criminal matter; it’s a legal matter. The SPEAKER : Leader of the Opposition, I expect that you require an answer from the Premier. I suggest fewer interjections. Mr C.J. BARNETT : There are commercially confidential aspects relating to third parties on this. When the FOI matters are dealt with, it will be made available in full. In the meantime, if the shadow spokesperson wishes a full and detailed briefing, including access to that document, we are prepared to make that available. But to protect the commercial interests of third parties, we are not prepared to make it available generally.
Mr E.S. Ripper : Do you abide by the Financial Management Act? The SPEAKER : Leader of the Opposition! Mr C.J. BARNETT : Do not come in here and pretend to be a virtuous person of accountability when these are examples of the Leader of the Opposition himself as a minister using commercial-in-confidence arguments. Mr E.S. Ripper : I abided by the law; you don’t. The SPEAKER : Leader of the Opposition! Mr C.J. BARNETT : There is no suggestion of that. Mr E.S. Ripper : There is a suggestion; you don’t abide by the law on this matter. Mr C.J. BARNETT : I take some exception to that. I do not have a criminal record; does the Leader of the Opposition or any of his members? Mr E.S. Ripper : You don’t abide by the law on this matter. It’s not a criminal matter; it’s a legal matter. The SPEAKER : Leader of the Opposition, I expect that you require an answer from the Premier. I suggest fewer interjections. Mr C.J. BARNETT : There are commercially confidential aspects relating to third parties on this. When the FOI matters are dealt with, it will be made available in full. In the meantime, if the shadow spokesperson wishes a full and detailed briefing, including access to that document, we are prepared to make that available. But to protect the commercial interests of third parties, we are not prepared to make it available generally.
The SPEAKER : Leader of the Opposition! Mr C.J. BARNETT : Do not come in here and pretend to be a virtuous person of accountability when these are examples of the Leader of the Opposition himself as a minister using commercial-in-confidence arguments. Mr E.S. Ripper : I abided by the law; you don’t. The SPEAKER : Leader of the Opposition! Mr C.J. BARNETT : There is no suggestion of that. Mr E.S. Ripper : There is a suggestion; you don’t abide by the law on this matter. Mr C.J. BARNETT : I take some exception to that. I do not have a criminal record; does the Leader of the Opposition or any of his members? Mr E.S. Ripper : You don’t abide by the law on this matter. It’s not a criminal matter; it’s a legal matter. The SPEAKER : Leader of the Opposition, I expect that you require an answer from the Premier. I suggest fewer interjections. Mr C.J. BARNETT : There are commercially confidential aspects relating to third parties on this. When the FOI matters are dealt with, it will be made available in full. In the meantime, if the shadow spokesperson wishes a full and detailed briefing, including access to that document, we are prepared to make that available. But to protect the commercial interests of third parties, we are not prepared to make it available generally.
Mr C.J. BARNETT : Do not come in here and pretend to be a virtuous person of accountability when these are examples of the Leader of the Opposition himself as a minister using commercial-in-confidence arguments. Mr E.S. Ripper : I abided by the law; you don’t. The SPEAKER : Leader of the Opposition! Mr C.J. BARNETT : There is no suggestion of that. Mr E.S. Ripper : There is a suggestion; you don’t abide by the law on this matter. Mr C.J. BARNETT : I take some exception to that. I do not have a criminal record; does the Leader of the Opposition or any of his members? Mr E.S. Ripper : You don’t abide by the law on this matter. It’s not a criminal matter; it’s a legal matter. The SPEAKER : Leader of the Opposition, I expect that you require an answer from the Premier. I suggest fewer interjections. Mr C.J. BARNETT : There are commercially confidential aspects relating to third parties on this. When the FOI matters are dealt with, it will be made available in full. In the meantime, if the shadow spokesperson wishes a full and detailed briefing, including access to that document, we are prepared to make that available. But to protect the commercial interests of third parties, we are not prepared to make it available generally.
Mr E.S. Ripper : I abided by the law; you don’t. The SPEAKER : Leader of the Opposition! Mr C.J. BARNETT : There is no suggestion of that. Mr E.S. Ripper : There is a suggestion; you don’t abide by the law on this matter. Mr C.J. BARNETT : I take some exception to that. I do not have a criminal record; does the Leader of the Opposition or any of his members? Mr E.S. Ripper : You don’t abide by the law on this matter. It’s not a criminal matter; it’s a legal matter. The SPEAKER : Leader of the Opposition, I expect that you require an answer from the Premier. I suggest fewer interjections. Mr C.J. BARNETT : There are commercially confidential aspects relating to third parties on this. When the FOI matters are dealt with, it will be made available in full. In the meantime, if the shadow spokesperson wishes a full and detailed briefing, including access to that document, we are prepared to make that available. But to protect the commercial interests of third parties, we are not prepared to make it available generally.
The SPEAKER : Leader of the Opposition! Mr C.J. BARNETT : There is no suggestion of that. Mr E.S. Ripper : There is a suggestion; you don’t abide by the law on this matter. Mr C.J. BARNETT : I take some exception to that. I do not have a criminal record; does the Leader of the Opposition or any of his members? Mr E.S. Ripper : You don’t abide by the law on this matter. It’s not a criminal matter; it’s a legal matter. The SPEAKER : Leader of the Opposition, I expect that you require an answer from the Premier. I suggest fewer interjections. Mr C.J. BARNETT : There are commercially confidential aspects relating to third parties on this. When the FOI matters are dealt with, it will be made available in full. In the meantime, if the shadow spokesperson wishes a full and detailed briefing, including access to that document, we are prepared to make that available. But to protect the commercial interests of third parties, we are not prepared to make it available generally.
Mr C.J. BARNETT : There is no suggestion of that. Mr E.S. Ripper : There is a suggestion; you don’t abide by the law on this matter. Mr C.J. BARNETT : I take some exception to that. I do not have a criminal record; does the Leader of the Opposition or any of his members? Mr E.S. Ripper : You don’t abide by the law on this matter. It’s not a criminal matter; it’s a legal matter. The SPEAKER : Leader of the Opposition, I expect that you require an answer from the Premier. I suggest fewer interjections. Mr C.J. BARNETT : There are commercially confidential aspects relating to third parties on this. When the FOI matters are dealt with, it will be made available in full. In the meantime, if the shadow spokesperson wishes a full and detailed briefing, including access to that document, we are prepared to make that available. But to protect the commercial interests of third parties, we are not prepared to make it available generally.
Mr E.S. Ripper : There is a suggestion; you don’t abide by the law on this matter. Mr C.J. BARNETT : I take some exception to that. I do not have a criminal record; does the Leader of the Opposition or any of his members? Mr E.S. Ripper : You don’t abide by the law on this matter. It’s not a criminal matter; it’s a legal matter. The SPEAKER : Leader of the Opposition, I expect that you require an answer from the Premier. I suggest fewer interjections. Mr C.J. BARNETT : There are commercially confidential aspects relating to third parties on this. When the FOI matters are dealt with, it will be made available in full. In the meantime, if the shadow spokesperson wishes a full and detailed briefing, including access to that document, we are prepared to make that available. But to protect the commercial interests of third parties, we are not prepared to make it available generally.
Mr C.J. BARNETT : I take some exception to that. I do not have a criminal record; does the Leader of the Opposition or any of his members? Mr E.S. Ripper : You don’t abide by the law on this matter. It’s not a criminal matter; it’s a legal matter. The SPEAKER : Leader of the Opposition, I expect that you require an answer from the Premier. I suggest fewer interjections. Mr C.J. BARNETT : There are commercially confidential aspects relating to third parties on this. When the FOI matters are dealt with, it will be made available in full. In the meantime, if the shadow spokesperson wishes a full and detailed briefing, including access to that document, we are prepared to make that available. But to protect the commercial interests of third parties, we are not prepared to make it available generally.
Mr E.S. Ripper : You don’t abide by the law on this matter. It’s not a criminal matter; it’s a legal matter. The SPEAKER : Leader of the Opposition, I expect that you require an answer from the Premier. I suggest fewer interjections. Mr C.J. BARNETT : There are commercially confidential aspects relating to third parties on this. When the FOI matters are dealt with, it will be made available in full. In the meantime, if the shadow spokesperson wishes a full and detailed briefing, including access to that document, we are prepared to make that available. But to protect the commercial interests of third parties, we are not prepared to make it available generally.
The SPEAKER : Leader of the Opposition, I expect that you require an answer from the Premier. I suggest fewer interjections. Mr C.J. BARNETT : There are commercially confidential aspects relating to third parties on this. When the FOI matters are dealt with, it will be made available in full. In the meantime, if the shadow spokesperson wishes a full and detailed briefing, including access to that document, we are prepared to make that available. But to protect the commercial interests of third parties, we are not prepared to make it available generally.
Mr C.J. BARNETT : There are commercially confidential aspects relating to third parties on this. When the FOI matters are dealt with, it will be made available in full. In the meantime, if the shadow spokesperson wishes a full and detailed briefing, including access to that document, we are prepared to make that available. But to protect the commercial interests of third parties, we are not prepared to make it available generally.

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