Joe Ludwig (Queensland, Australian Labor Party, Manager of Government Business in the Senate) Share this | Hansard source

I thank Senator Kirk. I know she continues to have a strong interest in this matter. Before the election the government committed to holding an independent judicial inquiry into the case of Dr Haneef. The Attorney-General announced this morning that we are honouring that commitment by establishing such an inquiry. I am pleased that the government has announced that the independent inquiry will be conducted by former New South Wales Supreme Court judge the Hon. John Clarke QC. The government is committed to establishing the facts and ensuring public confidence in Australia’s counterterrorism arrangements and an independent inquiry is required. Australia’s security agencies operate at a high standard, but Australians are entitled to be reassured that their security agencies individually and collectively function as effectively as they possibly can. Australians deserve to be confident that our antiterrorism laws are being appropriately enforced.

The Clarke inquiry will provide an opportunity to obtain a factual account of the matter from an experienced and independent former judicial officer. Mr Clarke will conduct a rigorous and independent inquiry that will enable us to assess the lessons to be learnt from the Haneef case and to consider any potential improvements to how our security and law enforcement agencies work and cooperate in terrorism matters. In addition, Mr Clarke has indicated that he will ensure there are opportunities for public input into the inquiry, including by advertising for submissions and conducting public forums on the operation of our counterterrorism laws and arrangements.

Unlike the opposition, the Rudd government believes that playing politics with national security is irresponsible and completely counterproductive. Quite simply, Australians are entitled to know what really happened in the Haneef case. I see that the opposition have taken the position that the inquiry into the Haneef case should be conducted by the Australian Commission for Law Enforcement Integrity. The problem, of course, with that proposal is that the commission is only able to investigate corruption; it cannot investigate non-corruption issues. It is also unable to look at all of the agencies involved in the Haneef case. That is the way the opposition set up the commission under statute when they were in government. It is surprising then that the opposition do not seem to understand the nature of the body that they in fact set up.

The government has asked for the Clarke inquiry to report by 30 September 2008. Mr Clarke has been asked to present a report that can be made public, which, if necessary, may be supplemented by a confidential report. The establishment of the Clarke inquiry will enable all the information about the Haneef case to be properly assessed in an independent manner and for considered recommendations to be made. It delivers on a further election commitment of the Rudd government. I am also advised today that the AFP welcomes the Dr Haneef inquiry. Its press release of Thursday, 13 March 2008 indicates:

Australian Federal Police (AFP) Commissioner Mick Keelty today welcomed the announcement by the Attorney-General Robert McClelland of a judicial inquiry into the investigation of Dr Mohamed Haneef.