Peter McGauran (Gippsland, National Party, Deputy Leader of the House) Share this | Hansard source

I have looked at the amendments proposed by the opposition and find no merit in them for two reasons. The first reason is that their principal concerns are already covered in the terms of reference. I am proposing that Mr Callinan report to me, firstly, on the circumstances that have contributed to the outbreak of equine influenza in Australia; secondly, on the need for any strengthening of biosecurity procedures for quarantine management of imported horses; and, thirdly, on any matters incidental to these. Justice Callinan, who has approved these terms of reference—and there can be no doubting his resolve and independence in leaving no stone unturned to get to the truth of these matters—inserted the words ‘any other matter incidental to these’. He will have a free range and capacity to look at not only the escape of equine influenza from quarantine and the circumstances surrounding it but also its penetration into the horse population.

I venture to suggest that, in all likelihood, the epidemiological trail needs to be followed before the inquiry can determine its initial breach of the quarantine system. I would think that, as a matter of common sense, the inquiry would have to look at the effect of the virus on the horse population, how it travelled and how it was spread, before it can determine its original source. Remember that this is an inquiry incorporating a large team of investigators who will follow the human trail, interview those who handled the horses or who came in contact with them, as well as those who handled horses who were subsequently infected, in parallel with an epidemiological trail as to the strain’s own journey. I have no doubt at all that every aspect of the cause and outbreak of equine influenza will be pursued by the inquiry under the terms of reference that are not limiting on Justice Callinan.

The second issue is that I have made it clear that the findings of the inquiries will be made public. The Hon. Ian Callinan himself has indicated his preference to conduct as many of his hearings in public as possible or appropriate. However, the government does not support a legislative requirement that the report be tabled in parliament for one important reason: it could narrow the scope of what Justice Callinan can include in his report. The report might contain personal information or commercially sensitive material that could not be made public without unfairly disadvantaging individuals involved in the inquiry. If required to table his report, Justice Callinan would effectively be limited to only including information that could be made public. It is never a legal requirement that the reports of royal commissions be tabled, and with good reasons. In the case of the Royal Commission into the Building and Construction Industry, the government was able to act on the commissioner’s recommendation that one volume of his report remain confidential as it might unfairly prejudice future criminal prosecutions. Accordingly, without knowing the exact nature of Justice Callinan’s report, it would be inappropriate and potentially irresponsible to include any legislative requirement that the report be tabled. Nonetheless, the government remains fully committed to making the findings of the report public, as I have made clear many times in preceding weeks.

Finally, the member for Corio asked me to answer some perfunctory questions that were put to me by the member for Hotham last week. That would require me to make a judgement about the efficacy and workings of the quarantine system, and I am not prepared in any way to criticise or condone a system that Justice Callinan is being empowered by this parliament to inquire into. It would be grossly improper of me to in any way seek to exonerate the AQIS, the quarantine system or those associated with it from the private sector, just as it would be for me to criticise it. Let us leave these things to Justice Callinan’s inquiry and let it get on with its job.

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