12,
PRIME MINISTER
STATEMENT BY THE PRIME MINISTER, THE HON P. J. KEATING, MP
THE HON ALAN GRIFFITHS INQUIRY
When I announced Mr Griffiths' resignation from the ministry on 22 January I
said that I intended granting his request for an independent inquiry to
determine whether his conduct had met appropriate standards of ministerial
behaviour. I also said I had informed Mr Griffiths that I would advise Caucus
not to fill the vacancy caused by his resignation until after the investigation
was concluded.
I now understand that the Director of Public Prosecutions ( DPP) has
approved the laying of criminal charges arising from the Australian Federal
Police investigation into matters upon which Mr Griffiths had provided
information to the AFP. The police investigation found no evidence of
criminal offences by Mr Griffiths, and accordingly no charge has been laid
against him.
The Attorney-General's Department has advised that until court action in
relation to charges which have been laid is complete it would be
inappropriate for a government-appointed inquiry into Mr Griffiths' conduct to
proceed if it would hamper the defence by a person of any charges pending
in the courts. I am advised that, even if this were not the case the DPP would
be concerned if persons who were witnesses in a pending criminal case were
also being asked to give evidence about the same issues to an administrative
inquiry. I am of course concerned at the delay implied by this advice, particularly
because I am aware that Mr Griffiths is anxious to have these matters
disposed of and his future resolved as soon as possible. In the
circumstances, however, I have decided that while the independent inquiry
can now begin it should restrict itself, until relevant criminal cases are
concluded, to matters which can be investigated without hampering any
person's defence or taking evidence from potential witnesses in those cases.
The terms of reference of the inquiry are as follows:
Whether the conduct of the Hon Alan Griffiths in relation to the matters
leading to his resignation from the ministry was in accordance with
appropriate standards of behaviour for a person holding office as minister
and a member of parliament and, in particular:
whether there was any conflict between his private interests and the
performance of his public duties and;
whether he authorised or condoned any inappropriate, improper or illegal
activity by any of his staff in relation to the conduct of his private interests.
The inquiry is entitled to adopt any findings made by other official inquiries if
it appears sensible to do so. In case other matters arise which appear to
bear on Mr Griffiths' fitness to hold ministerial office, but which do not fall
strictly within the above terms of reference, the inquiry will have discretion to
inquire or not, depending upon its judgment of the relevance, seriousness
and substance of such matters.
The inquiry will be conducted by Mr Michael Codd, AC, who has wide
experience in and knowledge of issues related to ministerial conduct and
propriety. Mr Codd was Secretary of the Department of Employment and
Industrial Relations from 1981 to 1983, Chairman of the Industries Assistance
Commission from 1983 to 1985 and then became Secretary of the
Department of Community Services, before being appointed Secretary of the
Department of the Prime Minister and Cabinet in 1986.
I am attaching a copy of a letter I have today sent Mr Griffiths informing him
of the inquiry. Also attached is a copy of my letter to Mr Codd.
CANBERRA 23 MARCH 1994
PRIME MINISTER CANBERRA
2 3 MAR 1994
The Hon Alan Griffiths, MP'
Member for Maribyrnong
Parliament House
CANBERRA ACT 2600
Dear Alan,
I am writing to you to confirm our discussions concerning the inquiry into the
circumstances leading to your resignation from the ministry.
As I indicated to you, the situation is such that the inquiry will not be able to proceed
as quickly as we both initially had hoped.
In the light of this I appreciate your willingness to accept that it is now necessary for
the proper functioning of the Government to proceed to fill the ministerial vacancy
which had previously been held open pending the outcome of the inquiry.
Once the inquiry is complete and if its findings, as you expect, are that your conduct
was not such as to call into question your fitness for ministerial office, it is my intention
to facilitate your return to the ministry at the earliest opportunity.
P J KEAT'
PRIME MINISTER CANBERRA
2 3 MAR 1994~
Mr Michael H Codd, AC
RMB Monaro Highway
WILLIAkMSDALE NSW 2620
Dear Mr Codd
I am writing to request you to inquire into and report on whether the conduct of the
Hon Alan Griffiths in relation to the matters leading to his resignation from the
ministry was in accordance with appropriate standards of behaviour for a person
holding office as a minister and a member of parliament and, in particular:
Whether there was any conflict between his private interests and the performance
of his public duties
Whether he authorised or condoned any inappropriate, improper or illegal activity
by any of his staff in relation to the conduct of his private interests
In inquiring into the above matters, you are entitled to adopt any findings made by
other official inquiries if it appears sensible to do so. In case other matters arise which
appear to bear on Mr Griffiths's fitness to hold ministerial office, but which do not fall
strictly within the above terms of reference, you will have discretion to inquire or not,
depending upon your judgment of the relevance, seriousness and substance of such
matters. The Attorney-General's Department has advised that until court actions in relation to
criminal charges are complete it would be inappropriate for a governmient-appointed
inquiry into Mr Griffiths's conduct to proceed if it would hamper the defence by a
person of any such charges. I am advised that, even if this were not the case the DPP
would be concerned if persons who were witnesses in a pending criminal case were
also being asked to give evidence about the same issues to an administrative inquiry.
I am of course concerned at the delay implied by this advice, particularly because I am
aware that Mr Griffiths is anxious to have these matters disposed of and his future
resolved as soon as possible. In the circumstances, however, I have decided that while
your inquiry can begin you should restrict yourself initially to matters which can be
investigated without hampering any person's defence or taking evidence from potential
witnesses in those cases.
You will not have any special powers of compulsion in relation to the giving of
evidence or the production of documents, but you will have access to official records
in the relevant agencies of the Commonwealth. Your inquiry should be conducted in
an inquisitorial rather than adversarial manner. It would be appropriate for you to
invite submissions from parties who may have information that would be useful to the
inquiry.
You will have access to legal resources, including the legal resources of the Attorney-
General's Department. Mr Rose, the Secretary of the Department, is available to
discuss with you the precise nature of the assistance you may require, for example in
relation to the conduct of interviews.
Persons interviewed in the course of the inquiry should be permitted if they so desire,
to have their legal representatives present during such interviews, with the right to
make submissions on their behalf should they so wish. The government will consider
any applications that may be made to it for financial assistance for such legal
representation by persons centrally involved.
You may also wish to consider the desirability before finalising your report, of
affording affected individuals the opportunity of responding to any adverse
conclusions you may have reached.
I am attaching a copy of a media release in which I have outlined the above matters. I
would be grateful if you could begin the inquiry as soon as possible, subject to the
limitations I have indicated above, and provide me with your report within three
months of completion of the prosecution actions involving people associated with
these matters.
PJ KEATING I