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1
Carruthers Inquiry Enabling
CARRUTHERS INQUIRY ENABLING
BILL 1996
EXPLANATORY NOTES
GENERAL OUTLINE
Objectives of the Legislation
The objectives of the Bill are:
· To protect the Criminal Justice Commission Inquiry into the
matters referred to colloquially as the Memorandum of
Understanding Inquiry and the Sporting Shooters Investigation,
whether conducted by Kenneth Carruthers QC or not, from
intervention by the Connolly Inquiry during the deliberations of
the Carruthers Inquiry (whether constituted by Kenneth
Carruthers QC or not);
· To protect the Connolly Inquiry from any legal process for which
it as a consequence might be liable in respect of its intervention in
the Carruthers Inquiry; and
· To declare that Parliament believes that this Bill removes
impediments to the Carruthers Inquiry completing its Report, that
Parliament wishes the Honourable Kenneth Carruthers QC to
return to complete the Report, and to authorise him to resume the
conduct of the Inquiry immediately on his withdrawal of his
resignation;
Reasons for the objectives and how they will be achieved
The Bill is a response to the resignation of Kenneth Carruthers QC from
the inquiry established by the Criminal Justice Commission to investigate
the Memorandum of Understanding and the Sporting Shooters matters.
Carruthers QC stated that he had lost the appearance of impartiality as a
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Carruthers Inquiry Enabling
result of the interventions in his inquiry by the Connolly Inquiry. This was
by virtue of the fact that if he subsequently found in favour of those persons
he was investigating who were also involved at the Cabinet level in the
setting up of the Connolly Inquiry, he might be seen to be influenced in that
decision by the Connolly Inquiry's intervention, whereas if he subsequently
found against those involved at a Cabinet level in the setting up of the
Connolly Inquiry he might be seen to be reacting against those persons.
Either way, he stated, his appearance of impartiality was forfeit. A
Declaration by the Parliament of its confidence in him solves that problem.
The Bill also prohibits further intervention by the Connolly Inquiry into
the Criminal Justice Commission's Inquiry into the Memorandum of
Understanding and Sporting Shooters matters. This protection operates
only for the duration of that Inquiry. This would provide Carruthers QC
with the protection he wished, should he return to complete his Inquiry.
However the Criminal Justice Commission Inquiry into the Memorandum
of Understanding and Sporting Shooters matters is protected by this
legislation whether Carruthers QC returns to complete the Inquiry or not.
The passage of this Bill therefore would enable the Criminal Justice
Commission to appoint some other person to complete the Carruthers
Inquiry, even if Kenneth Carruthers QC chose not to return to complete the
job.
At the time of the writing of these explanatory notes the Criminal Justice
Commission has appointed two barristers to complete that part of the work
of the Carruthers Inquiry which was concerned with providing the Director
of Public Prosecutions with a brief on the basis of which he could
determine whether any person should be prosecuted for any offence arising
out of matters heard before the Carruthers Inquiry. That however is only
one part of the work that that Inquiry was set up by the Criminal Justice
Commission to undertake. The rest of that work might involve the tabling
of a Report setting out findings of fact relating to the matters under
investigation, and recommendations for law reform to prevent the
recurrence of any events deemed by the Inquiry to be contrary to propriety
or the public interest. These and other matters of value to the public may
flow from a Report of the Carruthers Inquiry, and if the Bill were passed
would do so even if Carruthers QC elected not to return, and the Criminal
Justice Commission appointed some other person to complete the Inquiry
and its Report.
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Carruthers Inquiry Enabling
Administrative cost to Government of implementation
The Carruthers Inquiry is funded by the Criminal Justice Commission
out of appropriations already made by the Parliament.
Fundamental legislative principles
The Bill is consistent with fundamental legislative principles with a
reservation with respect to the question of retrospectivity. That
retrospectivity is necessary to make it clear that it was never the intention of
the Parliament that the Connolly Inquiry would have the power to intervene
in the deliberations of the Carruthers Inquiry.
Retrospectivity is also necessary to save the Connolly Inquiry from any
possible legal consequences flowing from this of its intervention in the
Carruthers Inquiry. The rights and liberties of individuals are thus not
affected by this retrospectivity.
In this sense the Bill is a curative measure which seeks to declare
Parliament's original intention, and therefore does not represent the kind of
retrospectivity the fundamental legislative principles are established to
discourage.
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Carruthers Inquiry Enabling
NOTES ON PROVISIONS
Clause 1 sets out the short title of the Bill.
Clause 2 provides that the Bill is taken to have commenced on the date of
assent of the Criminal Justice Legislation Amendment Act 1996.
Clause 3 defines and identifies the two Inquiries referred to in the Bill.
Clause 4 declares the Parliament's wish that Carruthers QC resume the
Inquiry, authorises him to do so, and expresses Parliament's belief that the
Bill removes all impediments to his doing so.
Clause 5 and 6 amend the Criminal Justice Act 1989 by inserting a new
Section 132C which has the effect of quarantining the Criminal Justice
Commission's Inquiry into the Memorandum of Understanding and
Sporting Shooters matters from further intervention by the Connolly
Inquiry, and saves the Connolly Inquiry from any liability for any
intervention it has so far made that might flow from this.