Law puts limits on police rape inquiry

The commission of inquiry set up after allegations of a police pack rape has had limits placed on its ability to disclose evidence to the public.

MPs last night agreed to surprise changes to a proposed law retrospectively scrapping the privacy of evidence to the Police Complaints Authority.

The Government wants the commission to see secret files so it can get to the bottom of allegations of police misconduct.

Act MP Stephen Franks told Parliament he was concerned that a retrospective repeal of confidential evidence laws would undermine the authority's work. He put forward a clause that would require the authority not to disclose information unless it had received assurances from the commission.

The assurances included the commission taking "all steps necessary or desirable to protect" the confidential nature of information from the authority.

The steps could include publication restrictions or closed hearings, as long as those moves did not stop the commission doing its job properly.

The prohibitions could be waived by those who had given the original evidence to the authority.

Mr Franks said people who spoke to the authority had done so on the understanding that their identities were confidential. To undermine that was unfair and would also deter others giving evidence in the future.

"It [the changes] will assist the commission to withstand pressures for unnecessary public disclosure. The commission should have an express duty to minimise damage to the reputation of government from reneging on a confidentiality assurance," he said.

The changes were passed without dissent.

It is unusual for the Government to allow an opposition MP to amend one of its bills.

The Government set up the commission to inquire into police conduct and procedure when investigating allegations of sexual assault made against officers or their associates.

Police and others have strongly opposed the public disclosure of confidential evidence proposed by the Police Complaints Authority (Commission of Inquiry into Police Conduct) Amendment Bill.

- NZPA