DFAT waiting for Finance to ring before opening the OGP file.

 Silly old duffer!

Here I've been rabbiting on for three years about Australia stepping up to join the Open Government Partnership, thinking that apart from the value we would derive from a civil society-government partnership to improve transparency accountability and public participation in Australia, that there were good foreign policy reasons why we should stand with (currently) 63 other countries who share this commitment.

I wasn't put off when it emerged that Secretary of State Clinton received no response to her invitation in August 2011 to then Foreign Minister Rudd to join; that then minister Brendan O'Connor rejected an AGD recommendation that Australia announce its intention to join in October 2011 when President Obama visited, and DFAT apparently was nowhere to be seen or heard; or when DFAT took 10 weeks last year to tell me it had no document that listed the pros and cons of Australia joining.

No I was simply heartened when then Foreign Minister Carr said he agreed in principle that Australia should join, when Secretary Varghese told Senator Faulkner that he would ensure the department went into meetings of officials to get the membership issue sorted quickly, and when then Attorney General Dreyfus made the announcement of our intention to join in May last year.

True I've been worried since about silence and disappointed with the 'clarification' of Australia's position by Minister for Finance Cormann in Estimates that "we have not decided yet on whether we will or will not proceed with that intention to join..."

But I'd thought as the Prime Minister headed to Indonesia, France, Canada and the US - all members of the OGP and Indonesia the current lead co-chair - that DFAT would ensure there was something in the briefing book about this, given that President SBY at a conference a month ago to which PM Abbott was invited but couldn't attend called on others in the Asia Pacific to join, and Presidents Obama and Harper of Canada put their names to a statement of support for the OGP when they met earlier this year.

DFAT-well at least when I was there for 14 years a long time ago- was good at linking the foreign and domestic policy dots, I thought.

Wishful or dated thinking as it turns out. DFAT only thinks about the international dimensions once we decide to join!

Senate Estimates
Senator Faulkner in Estimates for Department of Foreign affairs and Trade last week asked  "how DFAT is engaging on this OGP issue, which obviously has foreign policy implications." 

DFAT Secretary Varghese flicked it to Ms Katrina Cooper, First Assistant Secretary, Legal Division: 

Ms Cooper:... it is being handled by the section which takes care of freedom of information and privacy.(Comment: With all due respect hardly likely to have policy heft or influence on an international organisation issue)...We are standing by waiting to see where the process heads now. Obviously we are still waiting to see whether or not we will join the OPG and, if we do, we will be engaged....
 Senator Faulkner:....could I ask, Mr Varghese, if there are any resources at all in DFAT being used to look at the international policy, the foreign policy aspects of the OGP. The OGP is something that has developed a head of steam in the international community—I think that is a fair thing to say. My question to you just goes to whether DFAT has got any engagement at all on the international policy issues.  
Mr Varghese : I would defer to Ms Cooper, if she is able to assist on that. It is not something I have spent time on personally...  
Ms Cooper : Senator, we are not engaging in any separate process as an agency. We are engaging with other agencies and through the lead agency on this process. 
Senator FAULKNER: So that means you have 60-odd nations having a major international conference on Australia's doorstep—it does not matter where it is, but it is our near neighbour with whom we have such a very important relationship—in Bali. Our prime minister is invited to it. We have, as you would know, Mr Varghese, from previous evidence at this estimates committee, seen the Secretary of State of the US encouraging Australia's involvement. We have had a senior minister in the UK government doing the same. I am surprised that those elements effectively receive no focus at all from the Department of Foreign Affairs and Trade. So here we have a movement that appears to be growing in strength in the international community—and that is the only point I am making—but no assessment or analysis—except involvement is not a core issue for your department. Involvement and being the lead agency belongs to another department—the Department of Finance. It is those international elements that I am referring to. And I would have thought within DFAT those sorts of assessments would be made as a matter of course, but you are assuring me that is not the case? 
Mr Varghese : Yes, I suppose it is a bit chicken and egg. If we were a member of the Open Government Partnership then obviously we would be taking a much more active interest in its international dimensions. You could equally argue that in order to assess whether and when to become a member we should be au fait with the international dimensions.

Well at least the questioning prompted some reflection by the Secretary on DFAT's contribution to a big hole in the policy development process.

Three years of water under the bridge, but it is never too late. Secretary, don't wait for Finance to call. There are foreign policy issues relevant in making up our minds to join. Get a seat at the table and put someone with some vision in the chair.

We missed the opportunity to do something on this in Indonesia. 

The Prime Minister is in Canada and the US this week... ah dreaming again.

The relevant extract from the transcript follows including questioning about the PM's invitation to the Bali conference
 

Senator DASTYARI: Mr Varghese, I want to get your understanding of the OGP conference and the events surrounding the Prime Minister's attendance and then his nonattendance. I want to get my bearings right on this. When were you advised that the Prime Minister was attending and when were you advised that the Prime Minister was not attending?

Mr Varghese : There was no decision taken for the Prime Minister to attend. An invitation was extended to the Prime Minister. I think his strong inclination was to try and go; but, in the end, I do not think it proved possible for him to do that, consistent with his domestic commitments, given the fact that the meeting, as I recall, was on the eve of the budget.

Senator DASTYARI: It was on the Wednesday or Thursday before the budget?

Mr Cox : It was going to be on 6 and 7 May— the week before the budget.

Senator DASTYARI: Which days of the week were they?

Mr Cox : Sorry, I do not know.

Senator DASTYARI: That's okay, I can look that up. There was a slight difference between the language used by Mr Varghese and the language used by the Department of the Prime Minister and Cabinet—but that is fine, they are all variations. Mr Varghese, the language you used was that there was not a formal acceptance of the invitation but there was an inclination to attend.

Mr Varghese : In an ideal world, the Prime Minister would very much have liked to have gone.

Senator DASTYARI: There was an expectation that he would be attending, but then he decided not to attend.

Mr Varghese : An expectation on whose part?

Senator DASTYARI: On the part of the Indonesian government.

Mr Varghese : I do not know what the Indonesian government's expectations would have been.

Senator DASTYARI: There was at no point an expectation that you would be attending? Was anyone from DFAT planning to attend?

Mr Varghese : No.

Senator DASTYARI: So no-one from DFAT was going to go with the Prime Minister?

Mr Varghese : No.

Senator DASTYARI: So the only people going with the Prime Minister were the national security team from DPM&C?

Mr Varghese : You would have to ask the Prime Minister's department.

Senator DASTYARI: I did, and they said that they were intending to go. But they were of the view that people from DFAT were intending to go as well.

Mr Varghese : No.

Senator DASTYARI: But the ambassador would have been there and obviously there would have been people from DFAT.

Mr Varghese : I am talking about people from the department in Canberra.

Senator DASTYARI: Mr Cox, when were you advised that the Prime Minister would not be attending?

Mr Cox : I was never advised that he would attend.

Senator DASTYARI: When were you advise that he would not attend?

Mr Cox : Just beforehand, when it was made public.

Senator DASTYARI: So you are saying that at no point before it was made public was the ambassador, the embassy or DFAT made aware that the Prime Minister of Australia was not attending a conference at the invitation of the Indonesian President?

Mr Varghese : Could you please repeat that question?

Senator DASTYARI: I just want to clarify what Mr Cox said. Not before it was made public in the media was the Department of Foreign Affairs, the ambassador or the embassy in Indonesia made aware that the Prime Minister would not be attending a conference at the invitation of the Indonesian President?

Mr Varghese : I think a number of people in the system would have been aware, before the matter became public, that the Prime Minister's domestic commitments would prevent him from attending.

Senator DASTYARI: Were you made aware of it, Mr Varghese?

Mr Varghese : I was aware before the matter became public.

Senator DASTYARI: But you did not tell Mr Cox? When were you made aware of it?

Mr Varghese : I would have to refresh my memory as to when I became aware of it.

Senator FAULKNER: And how were you made aware of it? Did someone give you a phone call, did you receive an email—was it by carrier pigeon?

Mr Varghese : I became aware of it through the consultations that are held within government about these matters.

Senator FAULKNER: So someone told you? What was the method of communication?

Mr Varghese : Yes, someone did tell me.

Senator FAULKNER: Thank you.

Senator DASTYARI: Who told you?

Mr Varghese : I do not want to go into the details of—

Senator DASTYARI: We are dying to go into that detail; that is why we are asking.

Senator Brandis: Mr Varghese has told you that he is not prepared to go there, Senator Dastyari.

Senator DASTYARI: If he is claiming public interest immunity, I am not quite sure what the grounds are.

Senator Brandis: No, he is not. Perhaps you are not aware, but every conversation within government, particularly at the level of someone as senior as the secretary of the department, is not an appropriate enquiry for estimates.

Senator DASTYARI: So who represented the government at the OGP?

Mr Varghese : A senior official from the Department of Finance, which is the department that has responsibility for the Open Government Partnership.

Senator DASTYARI: Was anyone from Department of Foreign Affairs present? Was the ambassador there? Mr Cox, did the ambassador facilitate the trip for the representative from the Department of Finance?

Mr Cox : I do not believe the ambassador attended.

Senator DASTYARI: But if the Prime Minister was there the ambassador would have attended?

Mr Varghese : If the Prime Minister was there, the ambassador would have been present. This was a meeting that was held in Bali—I imagine the facilitation was done by our consulate-general in Bali for the official from the Department of Finance.

Senator DASTYARI: Can you take that on notice and confirm that for us?

Mr Varghese : I can.

Senator DASTYARI: At some point, obviously, preparation was done with the anticipation of the possibility of the Prime Minister's visit. Is that a fair assessment, Mr Cox?

Mr Cox : You would have to ask the Department of the Prime Minister and Cabinet.

Senator DASTYARI: I am asking whether there was a preparation on the front of DFAT. What we know from the Department of Prime Minister and Cabinet is on the Monday before the conference was to occur, they were of the view that the Prime Minister would be attending. My question to you is: was preparation done by the ambassador and the local embassy, if the ambassador—and it makes sense, if the Prime Minister of Australia is attending a conference in Bali, you would expect the ambassador to Indonesia to be there. The Prime Minister visits there a couple of times per year, which is understandable and reasonable. It is a big deal for an ambassador when the Prime Minister is visiting their country, especially considering the significance of the relationship with Indonesia. My question to you, Mr Cox, is: surely some preparation would have been done on behalf of the embassy and the ambassador, if nothing else, there was a high probability of a prime ministerial visit?

Mr Varghese : There were contingency plans made by the embassy for the possibility of the Prime Minister attending. As I say, the context of this is that an invitation was extended and I think the Prime Minister would very much have liked to have accepted the invitation, so naturally the system would have made contingency plans for that eventuality.

Senator FAULKNER: Just going back a step—I did ask at PM&C estimates and also estimates of the Department of Finance because, as you correctly said, Mr Varghese, the Department of Finance is the lead agency for the Open Government Partnership. I was also informed that there was some form of interagency committee established around the issue of the OGP. Its formality is utterly unclear to me at this stage—and it may or may not be clear to you—but, if it is clear to you, please let me know about that. I was interested in the broad about how DFAT is engaging on this OGP issue, which obviously has foreign policy implications. It has, I accept, interests across other areas of government as well, but I would like to understand, if you could explain to me, what involvement, if any, DFAT is having in the OGP processes of the Australian government.

Mr Varghese : I might ask our senior legal adviser if she is able to help. I recall previous estimates hearings, Senator Faulkner, where you asked questions on this, and Ms Cooper's predecessor responded to them but I will leave it to Ms Cooper.

Ms Cooper : The liaison on the OGP would come within my responsibilities because it would be handled by the section which takes care of freedom of information and privacy. You are quite right, there have been some interagency meetings and there have been some discussions about whether they are formal meetings or not. My understanding is that they are more informal interagency discussions, and DFAT was certainly involved with those under the previous arrangements when it was within the hands of the Attorney-General's department. We are standing by waiting to see where the process heads now. Obviously we are still waiting to see whether or not we will join the OPG and, if we do, we will be engaged.

Senator FAULKNER: I do appreciate the government's view about the status of Australia's involvement in the OGP because finance minister Senator Cormann was very clear about that with me at estimates, so I think I have a clear understanding of that status.

Given the conference in Bali that Senator Dastyari has been referring to was one around the OGP, what I am grappling with is whether there are any internal DFAT processes dealing with any of the international policy aspects of this. Given that there is a substantial international movement involving a range of nations, it is now well over 60, and given that there was recently a conference in early May in Bali that our prime minister was invited to—yes, it is true that he did not attend, but he was invited to it and we have heard he was not able to attend—could I ask, Mr Varghese, if there are any resources at all in DFAT being used to look at the international policy, the foreign policy aspects of the OGP. The OGP is something that has developed a head of steam in the international community—I think that is a fair thing to say. My question to you just goes to whether DFAT has got any engagement at all on the international policy issues. I understand, in relation to the lead agency, that as far as the Australian government is concerned the lead agency is Finance—I appreciate that.

Mr Varghese : I would defer to Ms Cooper, if she is able to assist on that. It is not something I have spent time on personally.

Senator FAULKNER: I am disappointed to hear that given my questions at the last estimates committee.

Mr Varghese : It had nothing to do with the level of enthusiastic interest, Senator Faulkner, that you demonstrated in it!

Senator FAULKNER: I can assure you, Mr Varghese, that if I had feelings they would be hurt by what you have just said.

Mr Varghese : I am afraid I cannot help you on that, but maybe Katrina can.

Ms Cooper : Senator, we are not engaging in any separate process as an agency. We are engaging with other agencies and through the lead agency on this process.

Senator FAULKNER: So that means you have 60-odd nations having a major international conference on Australia's doorstep—it does not matter where it is, but it is our near neighbour with whom we have such a very important relationship—in Bali. Our prime minister is invited to it. We have, as you would know, Mr Varghese, from previous evidence at this estimates committee, seen the Secretary of State of the US encouraging Australia's involvement. We have had a senior minister in the UK government doing the same. I am surprised that those elements effectively receive no focus at all from the Department of Foreign Affairs and Trade. So here we have a movement that appears to be growing in strength in the international community—and that is the only point I am making—but no assessment or analysis—except involvement is not a core issue for your department. Involvement and being the lead agency belongs to another department—the Department of Finance. It is those international elements that I am referring to. And I would have thought within DFAT those sorts of assessments would be made as a matter of course, but you are assuring me that is not the case?

Mr Varghese : Yes, I suppose it is a bit chicken and egg. If we were a member of the Open Government Partnership then obviously we would be taking a much more active interest in its international dimensions. You could equally argue that in order to assess whether and when to become a member we should be au fait with the international dimensions.

Senator FAULKNER: I accept that I am probably playing a bit of a lone hand on this one in the parliament, but can I ask: have there been any communications, since those we have heard about at recent estimates rounds, by any other nations that DFAT would be aware of in relation to the importance of the development of the OGP and obviously any interest in Australia's engagement in it. Are you able to say whether—we know about Secretary Clinton. We know about the UK involvement. Have there been any others, or any subsequent communications?

Mr Varghese : I am not aware of any further representations beyond what you have just described. Ms Cooper is shaking her head, so I think the answer is no.

Senator FAULKNER: Can I just follow that up with one question so I understand it: appreciating now that the Department of Finance is the lead agency—I accept that—if there were communications from other governments, would DFAT necessarily have an awareness of that? Can you help me with that?

Mr Varghese : I would expect if they were communications from other governments we should have awareness of it, but we live in an imperfect world and I cannot guarantee that we would in all cases have awareness of it. All things being equal we ought to have.

Senator FAULKNER: But you can say to me definitively that since the last estimates round when I did question you about communications from senior officials and ministers and secretaries of state et cetera in other governments, you can assure me that there have been no further communications to Australia.

Mr Varghese : Before you attach a definitive quality to my answer, can I take that on notice—

Senator FAULKNER: That is what I hoped you would do, Mr Varghese; that is why I used the word 'definitive'.

Mr Varghese : in case Finance has and we have not heard about it, or in case we have and neither Ms Cooper nor I have heard about it.

Senator FAULKNER: Thank you for that, and I would appreciate you taking that on notice. If there has been, could you just provide details of that in the answer to the question on notice.

Mr Varghese : Certainly.