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Telecommunications Media Q&A with Conroy over Telstra NBN exclusion
Telecommunications Media Q&A with Conroy over Telstra NBN exclusion | Media Q&A with Conroy over Telstra NBN exclusion |
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| by Alex Zaharov-Reutt | |
| Monday, 15 December 2008 | |
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Page 1 of 4   
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The identity of each questioner is not noted, but simply listed as "QUESTION", with both questions and answers making for interesting reading. Here we go: QUESTION: Are you willing to negotiate with Telstra, or discuss with Telstra to consider its proposals next year, after you've got the findings from the expert panel, if you want to scout out some other options? STEPHEN CONROY: Telstra are excluded from the RFP process and we will be awaiting, now, the outcome of the expert panel. And we are not going to pre-empt or comment on the potential outcomes or a range of potential outcomes. And I'm not going to speculate at this stage. The expert panel is in the middle of its first round of meetings with the proponents. It met with some of them on the weekend and is meeting with some of them today. So I'm not going to comment or speculate on what could be an outcome at the end of the process while we're in the middle of a process. QUESTION: Could this be a bit of try on by Telstra to try and get around you and try and get to the Prime Minister? Or could it be a deliberate strategy by them, which might be hard to understand? But is there any possibility this can be [indistinct], in a way, that can bring Telstra back in? STEPHEN CONROY: Well as I said, they are excluded. On legal advice - and I mean, can I be clear about the legal advice. When the expert panel had to consider this, we had internal departmental advice. We had the Australian Government's solicitor probity advisor. The expert panel hired Corrs, Chambers, Westgarth as its legal adviser, one of the big four. We went and obtained special counsel advice and we also sought advice from the Solicitor-General. So we have been right through this to ensure that the expert panel was well briefed to be able to make its decision. And based on all of that volume of legal advice, it's made the decision to exclude Telstra. So Telstra are excluded. QUESTION: Did that [indistinct] release the legal advice? STEPHEN CONROY: Look, it's not normal for government to release its legal advice. The previous government never released its legal advice, and we don't intend to release ours. I mean, this could be possibly - no-one's suggested it at this stage, but potentially people have reserved their rights on legal action, so I'm sure you'd understand we're not going to be releasing our legal advice. QUESTION: Did legal advice also tell you that the Government could be sued by one of the other proponents if you accepted Telstra's bid? STEPHEN CONROY: Look, we sought a range of information and advice from the legal advisors, and I think I mentioned in my opening statement, it would be unfair to the other bidders for us to, after the bids had closed, to reopen them to admit one of the bidders who had failed to supply all the information. We did make - just so you understand the process, we did make a number of amendments along the way from when we first released the RFP, through to the close of deadlines, and we advised everybody involved. But the legal advice is very straightforward on this, that we're in a situation where the deadline has passed and there would be legal and financial risks to the Commonwealth if we were to reopen the process, possibly from other potential bidders. QUESTION: Optus's bid depends on there being only one fibre network in Australia. Is the Government prepared to legislate to prevent Telstra building its own fibre bid, assuming that you'd give the tender to someone else? STEPHEN CONROY: Well, that's a hypothetical based on what may or may not happen at an outcome to the expert panel . So I'm not going to be speculating on what would I do for Optus, what would I do for Axia, what would I do for Acacia, or TransACT or any of the other people who've indicated they're bidding. I mean, that would be very unfair. We have to consider with an open mind the recommendations when they arrive, so I'm not going to pre-empt the expert panel. They've got a tough job. They've already shown that they've been involved in a pretty tough process already in the first week or two of the process. And I'm going to give them clear air from my perspective to allow them to make a decision based on the information they're receiving, and further information that they've been talking to the proponents with. The questions - and answers - continue on page 2, please read on. |
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