Government News Index
PM's men 'must face inquiry'
Mark Forbes
March 25 2002
A Senate committee investigating the children overboard affair is expected to demand that key Howard Government advisers testify following expert advice from the clerk of the Senate, Harry Evans.
Mr Evans, in advice to be delivered today, will tell the committee there is no legal basis for a gag imposed on ministerial advisers by cabinet, and the advisers could and should give evidence.
Mr Evans said suggestions that the advisers could not be called were a red herring and there was no convention preventing their appearance - as claimed by Prime Minister John Howard.
Mr Evans also rejected an argument that calling advisers would breach the trust between them and their ministers. "The contrary argument is these characters are much more than advisers, they are junior ministers and should be accountable to parliament," Mr Evans told The Age. "We know ministers don't take total responsibility for advisers' actions, so their personal staff have got to be accountable."
Mr Evans' advice makes it likely the inquiry will subpoena Ross Hampton and Mike Scrafton, advisers to former defence minister Peter Reith, and Miles Jordana, Mr Howard's international adviser. Mr Scrafton and Mr Jordana directly advised the Prime Minister during the controversy, and their evidence at the inquiry, which begins today, could be crucial in establishing Mr Howard's knowledge and role.
Mr Evans said he would advise the inquiry that the ministerial staff should appear. "They certainly can't claim any established or recognised immunity from testifying," he said. "They certainly have no immunity."
He quoted the precedent of a Labor adviser directed to appear at a 1995 Senate inquiry into government media management. He has also provided evidence from a British parliamentary committee saying ministerial advisers are able to be called before parliamentary inquiries.
The Senate inquiry has been set up to examine the circumstances in which false claims were made last October that asylum seekers on a boat threw children overboard. The claims were used by the government during the election campaign to support its hardline stance on asylum seekers - a key poll issue.
Senior military personnel have testified that no children were thrown overboard, and that they advised the government before the November 10 election that there was no evidence to back its claims.
Although the three advisers being sought by the inquiry were told of doubts about the overboard claims, Mr Howard has insisted he was not aware of the facts until after the election.
Following advice from Mr Evans, the committee is expected to decide tomorrow whether to force the advisers' presence by subpoena. It will also consider forcing Mr Reith to appear.
If witnesses ignored a subpoena from the inquiry, they would be in contempt of the Senate and could potentially face a fine or imprisonment.
Democrat Andrew Bartlett said he would be "surprised if a majority of the committee didn't support calling ministerial staffers".
First to testify this morning will be Defence Department head Allan Hawke, followed by navy chief David Shackleton. Also appearing will be the commander of HMAS Adelaide, Norman Banks, and his superiors, Rear-Admirals Chris Ritchie and Geoff Smith.
the Age