Speaker Sue Hickey has called for greater transparency regarding the provision of documents between the government and the Legislative Council, however Premier Will Hodgman said the government does not support any changes to the current process.
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In a submission to an upper house select committee Ms Hickey said, while some documents should not be disclosed, the overuse of executive privilege removes from the people of Tasmania the capacity to understand what has been or should be done in their name.
The committee was established following two refusals by government ministers to release documents to explore options for an agreed process to resolve disputes between the government and upper house about the production of documents.
Treasurer Peter Gutwein refused to provide an unredacted letter relating to the sale of the Tamar Valley Power Station to the Public Accounts Committee and former health minister Michael Ferguson failed to provide a report commissioned by the health department relating to system demand to the Acute Health Services Sub-Committee.
Both ministers claimed the documents could not be disclosed under the Right to Information Act.
Ms Hickey suggested an independent legal arbiter be appointed to test the government's claims of executive privilege.
"If there has been a decision of the cabinet, and that decision results in an instruction by the minister of state or the portfolio minister, then such a decisions/letter of advice should not be in any way privileged," Ms Hickey said.
"It's an instruction of government."
Ms Hickey said when documents are released heavily redacted to the point they are totally meaningless the Parliament has not fulfilled its function.
"Redacted documents are nothing more than a process of hiding accountability for actions that may have been badly executed, show poor judgment, or indeed show poor advice in the first instance," she said.
Premier Will Hodgman said in his submission the existing mechanisms for the production of documents appropriately balance the need for parliamentary scrutiny and transparency against ongoing public interest concerns.
"The government will not support changes that may undermine parliamentary privilege, the role and function of the executive, and the important principle of the comity of the two houses of Parliament," Mr Hodgman said.
Mr Hodgman said government scrutiny could occur through other channels, such as the Integrity Commission or RTI requests, and any changes to the existing process may create additional complexity and inefficiencies.
In her submission, Labor legal spokeswoman Ella Haddad said the select committee has been formed in response to blatant disrespect shown by the government to the Legislative Council's committee process.
"The fact the documents were withheld is hardly surprising from a government that has demonstrated such brazen disregard for the principles of openness and transparency," Ms Haddad said.
"Ensuring only 'true' cabinet information is kept confidential is clearly in the public interest."
Ms Haddad said the appointment of an independent arbiter still relies on the good faith of the government because the arbiter's advice is strictly advisory and they would have no legal power to force the publication of a document.
The select committee will hold a hearing on September 6.