My interpretation of the two days of hearings into the leak inquiry is that it was basically a SNAFU. By that I mean there was no malicious intent by everyone – just that many parties involved made incorrect assumptions, and/or didn’t check.
I think the first error was not an appreciation that this inquiry was a bit different to other leak inquiries as the major focus was on whether a Minister leaked it, not a government employee (like in the MFAT leak). When you are dealing with employees a leak inquiry is on far more solid ground – the employers have total authorised access to all work data around their employees – their swipe card records, their e-mails, their photocopier logs and the like. But Ministers and MPs are different, as are journalists when it involves their use of parliamentary resources.
So some criticism to DPMC for not seeing (but hindsight is wonderful) that this inquiry is different to others, and having more specific terms of reference and powers about what the inquiry should and should not be able to seek.
Some criticism also to David Henry for not setting clear processes around seeking of data with agency chief executives. It seems the approach as along the lines of let’s ask for everything we can think of, and up to them to say no. Again, no appreciation of the senstivity when dealing with MPs that they are not in the same constitutional position as employees.
And also some criticism for Parliamentary Service for not having clear policies on when data can and can not be released, and who should be consulted or approve any release. Also the fact that data was being exchanged it seems at pretty much a junior staff level. PS should have recognised the sensitivity of such requests and made sure no data was handed over unless it was operating on a clearly understood basis of who should be saying yes to what.
So no malice involved anywhere, just a lack of overall co-ordination both within agencies and between them. I hope Privileges Committee will have some useful recommendations on how to avoid a repeat.