Annual cabinet papers released-alas, still plenty of dark secrets

Communications Minister Malcolm Turnbull may have choked for a moment on his breakfast cereal when browsing the list of 1986/87 cabinet papers released and withheld.

Particularly at the news that Cabinet Memorandum 4456 "Australian intervention by affidavit in UK Attorney-General v Heinemann and Peter Wright", the famous Spycatcher case, remains secret in its entirety all these years later on the grounds that disclosure "could reasonably be expected to cause damage to the security, defence or international relations of the Commonwealth."

Turnbull in 1986 took on and won against the might of the Thatcher government, Wright's right to publish in Australia "The Candid Autobiography of a Senior Intelligence Officer" written while Wright was living in Tasmania after retirement from MI5. Turnbull in 1989 wrote his own account of the trial - a bargain these days at $2.98 from Amazon.  

The book contained revelations not quite up there with Edward Snowden but it was a big deal at the time. Some aspects still, according to Archives. 

The number of withheld documents this year, in line with the recent years, is small in comparison with the number released.

However you have to wonder why so many of those released needed blanket freedom of information exemption for so long- most state government laws limit the application of the cabinet exemption to 10 years although other exemptions may still then apply to protect sensitive information. No such provision in the Commonwealth act where the cabinet exemption applies until the open access period, moving towards 20 years, kicks in.

Apart from the Spycatcher memorandum, another notable withholding is Submission 4207 "Project Nulka." The Department of Defence in October 2013 was very pleased to commend the book Nulka: A Compelling Story about an Australian ship defence system that is our largest regular defence export.

In the current climate of revelations about US and Australian intelligence gathering, and difficulties in our relations with Indonesia and East Timor the withholding of all or parts of cabinet papers concerning Security and intelligence, and Foreign Affairs ("Australia–Indonesian relations – prospects and approach"; "Australia–Indonesia maritime delimitation negotiations") will lead to plenty of speculation about what is still sensitive 27 years on.
(Update: See Paul Chadwick in The Guardian for an interesting comparison of issues of the 80's and current Snowden related matters. Welcome back to journalism Paul.)

Again this year there are a number of partial withholdings about Antarctica-probably confirming what most who take an interest in the subject know, that Australia's sovereignty claims are shaky if not quite as thin as a melting ice shelf, but we wouldn't want to let on at any time if we can help it.

The list of withheld documents follows. 

OWE – open with exception - means partial release, 'Closed', wholly withheld. 
Section 33 (1)(a) of the Archives Act provides exemption for "information or matter the disclosure of which under this Act could reasonably be expected to cause damage to the security, defence or international relations of the Commonwealth." As with other exemptions in this part of the act there is no public interest test. Decisions to withhold are subject to review by the Administrative Appeals Tribunal



Defence

Topic and title	Document	Reason for exemption from public access under the Archives Act
Project NULKA	Submission 4207	CLOSED 33(1)(a)
New DSD [portion of title exempt]	Submission 4239	OWE 33(1)(a)
New Defence major capital investment proposals for 1986–1987	Submission 4249	OWE 33(1)(a)
Over-the-horizon radar	Submission 4337	OWE 33(1)(a)
New submarine project	Submission 4870	OWE 33(1)(a)
Spectrum surveillance and monitoring in Canberra	Memorandum 4958	OWE 33(1)(a)
Defence budget and new major capital investment proposals for 1987–1988	Submission 5025	OWE 33(1)(a)
Australian Defence Satellite Communications Station Geraldton – approval to proceed and supplementation to the Defence vote	Submission 5047	OWE 33(1)(a)

Foreign affairs

Topic and title	Document	Reason for exemption from public access under the Archives Act
Scheme for reporting of contacts between Australian officials and overseas representatives within Australia	Memorandum 4001	OWE 33(1)(a)
Australia and Japan	Submission 4506	OWE 33(1)(a)
Possible action against Libya – risk assessment	Memorandum 4831	OWE 33(1)(a)
Libyan activities in the South Pacific	Memorandum 4851	OWE 33(1)(a)
Fiji–Australian interests and options for the government in the light of recent developments	Memorandum 4912	OWE 33(1)(a)
Papua New Guinea proposals on Australia–Papua New Guinea relations	Submission 4956	OWE 33(1)(a)
Australia–Indonesian relations – prospects and approach	Submission 5248	OWE 33(1)(a)
Australia–Indonesia maritime delimitation negotiations	Submission 5261	OWE 33(1)(a)
Fiji – second coup	Memorandum 5295	OWE 33(1)(a)
Bombing of the Turkish Consulate-General in Melbourne on 23 November 1986	Memorandum 5325	OWE 33(1)(a)

Security and intelligence

Topic and title	Document	Reason for exemption from public access under the Archives Act
Royal Commission on Australia's Security and Intelligence Agencies – Report on the Australian Secret Intelligence Service (ASIS) [portion of title exempt]	Submission 3621	OWE 33(1)(a)
Reference copy of – Office of Security and Intelligence Co-ordination information paper and 1986 indicative work program for the Security Committee	Memorandum 3632	OWE 33(1)(a)
Office of Security and Intelligence Co-ordination information paper and indicative work program for the Security Committee for the period July–Dec 1986	Memorandum 4025	OWE 33(1)(a)
Australian Communications and Electronic Security Instructions – authority for promulgation and the auditing of their implementation	Memorandum 4028	OWE 33(1)(a)
Australian Intelligence Community standard for background/security checking	Memorandum 4290	OWE 33(1)(a)
Proceedings to prevent publication of books about intelligence and security matters	Memorandum 4433	CLOSED 33(1)(a)
Australian intervention by affidavit in UK Attorney-General v Heinemann and Peter Wright	Memorandum 4456	CLOSED 33(1)(a)
Secretaries Committee on Intelligence and Security report to ministers on the activities of the intelligence and security agencies in 1985–1986	Memorandum 4962	CLOSED 33(1)(a)
Royal Commission on Australia's Security and Intelligence Agencies – ASIS liaison with its [portion of title exempt] counterpart agency	Submission 5037	OWE 33(1)(a)
Secretaries Committee on Intelligence and Security report to ministers on the activities of the intelligence and security agencies in 1986–1987	Memorandum 5353	CLOSED 33(1)(a)
Study of intelligence [portion of title exempt] on the fall of President Marcos	Decision 7268/SEC	OWE 33(1)(a)

Territories

Topic and title	Document	Reason for exemption from public access under the Archives Act
Union of Soviet Socialist Republics (USSR) proposal for fisheries research in waters adjacent to Heard and McDonald islands	Submission 4306	OWE 33(1)(a)
Replacement Antarctic research vessel	Submission 4524	OWE 33(1)(a)
Australian objectives in Antarctic minerals negotiations	Submission 4757	OWE 33(1)(a)
Savings paper – Arts, Sport, the Environment, Tourism and Territories – Antarctic bases	Memorandum 5023	OWE 33(1)(a)
Department of the Arts, Sport, the Environment, Tourism and Territories – Budget 1987–1988 – new policy proposal – Antarctic rebuilding program – further information	Submission 5211	OWE 33(1)(a)
Replacement Antarctic vessel	Submission 5459	OWE 33(1)(a)

Trade

Topic and title	Document	Reason for exemption from public access under the Archives Act
Chemical weapons precursors export controls	Submission 4465	OWE 33(1)(a)

Wholly exempt

Topic and title	Document	Reason for exemption from public access under the Archives Act
[Title exempt]	Memorandum 4947	CLOSED 33(1)(a)