NZ Government
March 30, 2004
PCA Amendment will aid police conduct inquiry
Press Release by Margaret Wilson
A Bill introduced
into Parliament today will allow the Commission of Inquiry into Police Conduct
to see files covered by secrecy provisions in the Police Complaints Authority
(PCA) Act.
The PCA Amendment Bill, which will have its first reading this week under
urgency, will introduce temporary provisions enabling the Commission to fulfil
its terms of reference, Associate Justice Minister Margaret Wilson said today.
"Investigation files held by the PCA are currently subject to blanket secrecy
provisions. This is likely to include
information gathered by police conducting investigations on the PCA's behalf," Margaret Wilson said.
"Those provisions are designed to help the Authority obtain frank information
from police and members of the public during its investigations - information
that may be self-incriminating, personally embarrassing, or that might be
feared to invite retribution and might therefore be withheld if confidentiality
was not assured.
"However it is the view of the Government, the Police and the Commission of
Inquiry itself that the Commission's task will be hampered by its inability to
consider PCA files.
"It is vital for public confidence in the Commission, the Police and the PCA
that this impediment be removed.
"The extent to which the PCA Act's secrecy provisions may hinder the Commission
is to be the subject of a hearing on 8 April.
However, the Government has decided the immediate introduction of an
amendment Bill ahead of this hearing is desirable to provide an assurance to
the public that the Commission will be able to carry out its mandate in full.
"It is also important to forestall any possible delays in the
inquiry. Delays would not be fair to the
complainants, who need to see these matters concluded as quickly as is
reasonable.
"The Bill will also allow for public consideration of the Bill through a select
committee process, albeit truncated, to ensure that
any potential privacy and Bill of Rights Act concerns are able to be addressed
and reported on by the committee.
"It is important for the credibility of the inquiry that secrecy provisions
do not and are not seen to be hindering it.
However, the privacy interests of all the individuals who have provided
information also need to be taken into account.
"Commissions of Inquiry have the same powers that are available to Courts
to protect witnesses. These powers may
be able to be exercised to address the privacy interests of individuals."
Margaret Wilson said the amendment's provisions would only apply to the current
inquiry. They would come into force the
day after Royal assent was given, and expire one year after the Commission
reported to the Governor-General.
The expiry date is to ensure that further material would be available for any
subsequent proceedings such as a re-direction from the Government back to the
Commission.
Margaret Wilson said the Commission was not likely to start considering relevant
PCA files until June at the earliest, and the Government hoped to have the
amendment passed into law by then