http://www.theaustralian.news.com.au/story/0,25197,23470329-601,00.html

THE Rudd Government is under pressure from the Maritime Union of Australia to release confidential information that could be used in a revived conspiracy case against senior figures in the Howard government over the dramatic waterfront dispute a decade ago.

Renewing its hunt for evidence of an alleged conspiracy, the MUA is trying to use its influence inside Labor to win access to Coalition strategy documents it believes will reveal a trail of illegal involvement leading directly to John Howard's door.

Just days before unions mark the 10th anniversary of the Patrick waterfront dispute, MUA national secretary Paddy Crumlin wants the release of documents denied by the former government after it issued "conclusive certificates" to block Freedom of Information requests.

The waterfront dispute was sparked when Patrick stevedores tried to smash the MUA, with the backing of the Howard government, by sacking its entire unionised workforce.

The key document sought by the MUA is a report commissioned for the Howard government by consultant Stephen Webster in 1997.

Dr Webster, seconded from Pratt Industries to work for then transport minister John Sharp and workplace relations minister Peter Reith, led a project team with a brief to provide advice on waterfront reform.

According to the MUA, others involved in the Webster report - which is believed to have recommended a direct confrontation with the MUA - were John Davies, David Webb, legal firms Minter Ellison and Corrs Chambers Westgarth, and BCG Media. The 82-page report was submitted to the Howard government in October 1997 and has remained confidential.

The MUA also wants access to two government-commissioned reports on waterfront reform by ACIL Economics involving consultant David Trebeck that the union believes will show the depth of ministerial involvement in Patrick's plan to smash the MUA.

Ms Gillard poured cold water on the MUA's search last night. She declared a decision by the High Court in the McKinnon case involving The Australian's attempts to overturn conclusive certificates and win access to Treasury documents put the MUA's quest for information beyond reach.

The 2006 McKinnon case concerned a conclusive certificate issued by then treasurer Peter Costello, which prevented access to information about tax bracket creep.

A spokeswoman for Ms Gillard said the Government's policy remained that conclusive certificates were not an appropriate legal device to keep information out of public view.

"It was a tool used by an arrogant, out-of-touch government and is now part of the past," she said. "Labor's election policy to stop the use of conclusive certificates in the FOI process stands. However, the issuing of conclusive certificates by the previous government placed documents out of access."

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