A FURIOUS Defence Minister has been forced to countermand potentially unconstitutional orders from bureaucrats banning staff from involvement in parliamentary committees without his clearance.

 

John Faulkner said yesterday action would be taken to improve the Defence Department's understanding of parliamentary procedures.

 

Senator Faulkner won an unmatched reputation as a champion of open government and accountability with his work on Senate committees, including the inquiry into the children overboard affair.

 

He was embarrassed last month when Defence assistant secretary Karen Creet issued an internal department memo, or DEFGRAM, briefing staff ``of the correct procedures to be followed in their dealings with parliamentary committees''.

 

``The minister must approve all Defence involvement in, or support to, parliamentary committees,'' she stated. ``Under no circumstances should material be provided to parliamentary committees or inquiries without clearance from the minister.''

 

The DEFGRAM was leapt on by opposition defence spokesman David Johnson, who warned that it ignored ``the inquiry powers granted to the commonwealth houses under section 49 of the constitution''.

 

He described its contents as ``a potential improper interference with the free exercise by a committee of its authority''.

 

Russell Trood, the chair of the committee investigating the handling of allegations of sexual misconduct against three sailors from HMAS Success, expressed concerns about the impact of the memo on the inquiry.

 

Clerk of the Senate Rosemary Laing offered a scathing assessment of the DEFGRAM in response to a request from Senator Johnston for advice on its contents.

 

``At best, the directive is a misrepresentation of the government guidelines for official witnesses before parliamentary committees,'' she wrote.

 

``At worst, it represents a potential improper interference with the free exercise by a committee of its authority, and therefore a possible contempt.''

 

Senator Faulkner told The Australian yesterday he had ordered the withdrawal of the instructions ``as soon as it came to my attention''.

 

Senator Trood said the committee would discuss the matter when parliament resumes.

 

By Christian Kerr