However, there are other incentives operating in ministerial inquiries for parties being investigated to comply with the committee s request. The minister often seeks personal undertakings for full cooperation from the chairperson and chief executive of organisations involved. Furthermore, less than full cooperation may result in criticism by the ministerial committee, the minister and the government in the full glare of the media, and may create the appearance that the individuals or organisations being inquired into somehow have something to hide. Crown entities and departments must, of course, co-operate fully with a ministerial inquiry. Challenges posed by ministerial inquiries For lawyers used to the certainty of statutes and due process requirements, ministerial inquiries pose particular challenges.
Lawyers lack the usual legal headlights to guide their role.
A committee of inquiry may be set up by a minister to investigate a particular problem which has arisen in an area of administration for which he or she is responsible, as long as there is agreement from Cabinet colleagues. Such committees have no statutory basis and therefore lack coercive powers as well as the protection afforded by judicial privilege. In contrast with the powers of commissions of inquiry under the Commissions of Inquiry Act 1908, ministerial inquiries cannot summon witnesses, put people on oath or cross-examine, and they have no particular legal privileges. They cannot compel the production of documents. Despite relying on voluntary compliance, we are not aware of any information which we knew to exist, and which we requested but did not receive.