Possible False or Misleading Statements Tabled in the Senate - Discontinuation of Inquiry

Introduction

1. On 7 May 1997 the Senate referred the following matter to the Committee of Privileges:

(1) Whether statements by Senator Colston and Mrs C. Smith, relating to payments of travelling allowances to Senator Colston, tabled in the Senate on 24 March and 6 May 1997, were false or misleading in any particular, and, if so, whether a contempt of the Senate was committed by the making of those statements.

(2) That the Committee of Privileges not commence its inquiry into this matter until a statement is provided, in accordance with paragraph (3), indicating that Australian Federal Police investigations of payments made to Senator Colston, and any legal proceedings consequent on those investigations, have been concluded.

(3) That, for the purpose of paragraph (2), the Attorney-General provide to the President, as soon as possible after the conclusion of such investigations and any such legal proceedings, a statement indicating that such investigations and any such legal proceedings have concluded, and the President immediately provide that statement to the Committee of Privileges.

2. The Committee of Privileges draws attention to the second paragraph of this reference, directing that it not commence its inquiry until a statement was received from the Attorney-General indicating that all legal proceedings in respect of payments made to Senator Colston were concluded.

3. On 23 August 1999, the President of the Senate, Senator the Hon. Margaret Reid, sought the requisite advice, as set out in paragraph (3), from the Attorney-General. In his response of 2 September 1999 the Attorney-General advised that legal proceedings had been concluded. The exchange of correspondence, together with a media statement from the Commonwealth Director of Public Prosecutions provided by the Attorney-General, is at Appendix One to this report.

Conclusion

4. The Committee of Privileges, taking into account the statement by the Commonwealth Director of Public Prosecutions, has concluded that it would be inappropriate to undertake the investigations necessary to resolve any question of contempt arising from Senate proceedings.

Recommendation

5. Accordingly, the Committee of Privileges recommends that the inquiry be not further pursued.

Sue Knowles
Acting Chairman

Please note:

Appendix One to this report can be obtained by contacting the Committee of Privileges, telephone: (02) 6277 3360 or facsimile: (02) 6277 3199.