Lying to Parliament should be dealt with in-house rather than referred to police as a criminal matter, QUT Crime and Justice Research Centre Adjunct Associate Professor, John Mickel said today.
“The Queensland Government should repeal section 57 of the Criminal Code which was controversially re-instated by the Newman Government,” Mr Mickel said.
Under Section 57, a person knowingly giving false evidence to a parliamentary committee could face seven years jail if found guilty.
“Jail is inappropriate and its evident this law is farcical by a recent case which had the potential to waste the time and resources of the Queensland Police Service,” said Mr Mickel.
“The Ethics Committee’s finding against the Member for Warrego, Anne Leahy, whereby the member was found to have deliberately misled a Committee was referred to the QPS by former Police Minister and Member for Bundamba, Joanne Miller.
“The Committee on the other hand recommended the Member for Warrego receive a severe penalty and a reprimand from Speaker, Peter Wellington.
“In other words, Parliament determined correctly that it alone should censure a member.”
This was upheld by the Crime and Corruption Commission who investigated the issue.
Mr Mickel said placing parliamentary procedures into the Criminal Code is wrong as it interferes with the Separation of Powers and fails to acknowledge Parliament is the supreme body for actions which occur within its precinct.
“It was an absurdity for legislation which required the Police to criminally investigate this matter. The prospect of a jail term for lying to a Committee is unwarranted and excessive,” he said.
“The Crime Commission found the member was punished enough by the Parliament.
“When institutions are interfered with for political purposes, there are always unintended consequences.
“In an era when there is a demand for smaller Government and less regulation, this is one statute that should be struck off immediately.”
QUT is part of a national collaborative group of five major Australian universities that form the ATN (Australian Technology Network of Universities).
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