ASIO would vet Federal MPs for the first time under new bill
Federal ministers would be subject to ASIO security vetting for the first time under a private members bill set to be introduced to parliament this week.
South Australian Centre Alliance senator Rex Patrick is seeking to overturn a decades-long convention in Australia that ministers, assistant ministers and parliamentary secretaries – unlike their staff and public servants – are exempt from security checks before accessing classified government material.
UnderSenator Patrick’s proposal, ASIO would do background checks on prospective ministers, and the Director General of Security would provide advice to the prime minister on any concerns that arose.
Canada, which shares a Westminster-style system of government similar to Australia’s, has required security checks on its federal ministers since 2008. The checks, which involve assessments by Canada’s counter-intelligence agency, the Royal Canadian Mounted Police and the Canada Revenue Agency, are renewed every two years.
Under Senator Patrick's Bill, the security services would not be able to veto ministerial appointments, which would be left to the prime minister’s discretion.
"In the event that security background checks reveal an issue of security concern, the prime minister will be free to determine what steps might be required to resolve the matter," Senator Patrick's explanatory memorandum for his Ministers of State (Checks For Security Purposes) Bill says.
The ministerial background checks proposed by Senator Patrick would be of the same rigour applied to new ASIO recruits, requiring a whole of life background check and psychological evaluation as part of the "positive vetting" process.
With federal MPs already expressing diverse opinions on the shape of a National Integrity Commission, Senator Patrick's move to introduce ASIO checks is expected to fuel further debate on the extent of external scrutiny on the lives of senior politicians.
But Senator Patrick is confident the Australian public would regard the introduction of security checks for ministers as a reasonable act given the long-standing requirements for their staff and public servants.
"It is highly anomalous that Australian Ministers of State … who have access to the some of the most sensitive and highly classified government information, should be exempt from a mandatory security background checking process," his explanatory memorandum states.
“Regrettably it cannot be assumed that persons appointed as Ministers will always be free of characteristics, activities, associations, connections or obligations that may compromise, or risk compromise of national security within the executive government.”
Senator Patrick believes his ministerial security check proposal compliments Australia’s new Foreign Influence Transparency Scheme, which comes into effect next week.
The scheme, prompted by media revelations, mainly about Chinese government influencing campaigns, will make it compulsory for persons and entities undertaking acting on behalf of foreign principals to be registered or face criminal sanctions.
Senator Patrick is understood to remain concerned that it was only through media reporting that the Australian public was informed about the extent of relationships between senior Labor figures such as former senator Sam Dastyari and frontbencher Joel Fitzgibbon and their Chinese supporters.
Under his proposed laws, which are expected to be referred to a parliamentary committee, information gathered during the course of background checks that was not relevant to security concerns would not be included in reports to the prime minister.