Oil-for-Food Inquiry: expansion of terms of reference

The Commissioner of the Oil for Food Inquiry has made a Statement in response to media speculation about broadening the Terms of Reference to include the Government.

Mr Cole QC made it clear that he had authority to determine whether there were any breaches of the law and as defrauding the Commonwealth was a possible crime he had authority to take evidence concerning the knowledge of the Commonwealth, and in particular the Department of Foreign Affairs of Trade, regarding AWB without the need for expanding the Inquiry's Terms of Reference.

However Mr Cole said that he did intend to ask the Government to extend the Terms of Reference to allow him to investigate matters relating to BHP Billiton Limited and Tigris Petroleum Corporation Pty Ltd as those companies were presently outside the Terms of Reference.

Yesterday Mr Cole gave Reasons for his earlier statement that AWB had not been fully co-operating with the Inquiry. He also rejected AWB's complaints of unfairness. The following quote from Mr Cole is worth noting:

It follows that I reject in its entirety the submission that there has been any unfairness either to AWB or to any witness in the processes adopted by this inquiry or in the manner in which it has been conducted. It is obvious that damage has been done to AWB both in a reputational and economic sense. In part, that may be the inevitable consequence of being the subject of an inquiry such as this. Such damage is unavoidable, particularly where evidence is called which may not be seen as in conformity with positions previously adopted by AWB.... This inquiry is not responsible for that consequence.

UPDATE 7 February: The Attorney General has agreed to expand the terms of reference to include BHP Billiton Limited, Tigris Petroleum Corporation Pty Ltd and related companies and persons .

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