Daryl Melham (Banks, Australian Labor Party) Share this | Link to this | Hansard source

My question is to the Attorney-General. Will the Attorney-General advise why it is important for police investigations to proceed in a manner that is, and is seen to be, free from political interference or pressure.

Robert McClelland (Barton, Australian Labor Party, Attorney-General) Share this | Link to this | Hansard source

I thank the honourable member for Banks for his question. He is respected as a person who has served the justice community with distinction. It is well known that on Tuesday of this week the New South Wales Police Force indicated that it is conducting an internal assessment to determine whether a criminal offence has occurred in respect of matters concerning a member of this House.

Mr Briggs interjecting—

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

The member for Mayo!

Robert McClelland (Barton, Australian Labor Party, Attorney-General) Share this | Link to this | Hansard source

I should say and emphasise at the outset that I have full confidence in the integrity and independence of the New South Wales Police Force—

Mr Briggs interjecting—

Harry Jenkins (Speaker) Share this | Link to this | Hansard source

The member for Mayo will leave the chamber for one hour under standing order 94(a).

The member for Mayo then left the chamber.

Robert McClelland (Barton, Australian Labor Party, Attorney-General) Share this | Link to this | Hansard source

and indeed its fine leadership. In fact, the police service has a right to undertake its important statutory responsibilities without political interference. This is confirmed in the 'United Nations Guidelines on the Role of Prosecutors', which provides that states shall ensure that prosecutors are able:

Conversely, police forces and prosecutors have a corresponding obligation to ensure that they exercise their powers 'independently and be free from political interference'. That is stated as a quote from the 'Standards of Professional Responsibility and Statement of the Essential Duties and Rights of Prosecutors'. They have that right and we are entitled to, and should indeed, respect that right.

Those international principles are reflected in domestic laws and guidelines for police services and prosecutors in the prosecution guidelines of the Commonwealth Director of Public Prosecutions, which specify that he is not to be influenced by possible political advantage, disadvantage or embarrassment to the government or any political group or party. I understand that the New South Wales guidelines reflect a similar sentiment. Indeed, the statement of values of the New South Wales Police Force specifically states that they are to conduct their role with impartiality. Indeed they do, and they are entitled to be respected for that fact.

In that context, it is quite irresponsible for any politician to take a course of action that has the potential to tarnish the public's perception of that complete impartiality. Fundamentally, we should appreciate in this House that we are legislators; we are not prosecutors. It is not our role to prejudge issues that are the subject of investigation or, more significantly, to attempt to induce police or prosecutors to take a particular course of action.

I, as I have done on a number of occasions, Senator Brandis and others—any member of the public—can refer to police officers an issue of concern in respect of a potential breach of the law, but to take action that purports to induce them is crossing that line. I, in my role as Attorney-General, would caution all members in the strongest possible terms about embarking upon that very dangerous slope.