Little Andrew: Questions for Oral Answer — Questions to MinistersText is incorporated into the Bound VolumeLittle Andrew: Questions for Oral Answer — Questions to Ministers[Sitting date: 05 March 2014. Volume:696;Page:16323. Text is incorporated into the Bound Volume.]4.ANDREW LITTLE (Labour) to theAttorney-General: Will he release all correspondence between the Christchurch Crown Solicitor or any other solicitor actingfor the Ministry of Business Innovation and Employment and counsel for Peter Whittall on the decision not to proceed with the prosecution of Mr Whittall under the Health and Safety in Employment Act 1992 relating to conditions at the Pike River Mine that lead to the deaths of 29 miners; if not why not?Hon CHRISTOPHER FINLAYSON (Attorney-General): No because that is not a decision for me to make.Andrew Little: In light of that answer and in light of the public statement made by counsel for Peter Whittall on Friday 28 February at 4.23 p.m. that “Neither Mr Whittall nor Mr Grieve have any issue with any of their letters on this matter being made public.” and thereby waiving their legal professional privilege why will he not now ensure that that correspondence is released?Hon CHRISTOPHER FINLAYSON: The member did not listen or did not listen carefully to my answer to his first question. That is not a decision for me to make. Perhaps I can help the honourable member by referring him to the Solicitor-General’sProsecution Guidelines and the introduction to it by me which says “Under our constitutional arrangements the Attorney-General is responsible through Parliament”—Grant Robertson: This is humble.Hon CHRISTOPHER FINLAYSON: Well instead of making unpleasant comments Mr Robertson should listen because I am sure Mr Little would agree this is a very serious matter.Mr SPEAKER: Order! If the Minister could just give his answer it would be helpful.Hon CHRISTOPHER FINLAYSON: I will go back for a minute because Mr Little at least is taking this seriously. Under our constitutional arrangements the Attorney-General is responsible through Parliament to the citizens of New Zealand for prosecutions carried out by or on behalf of the Crown. In practice however the prosecution process is superintended by the Solicitor-General who pursuant to section 9A of the Constitution Act 1986 shares all the relevant powers vested in the Office of the Attorney-General.Andrew Little: What information about the state or progress of the prosecution did Cabinet have before it when deciding not to take action to ask the shareholders in Pike River including Crown entities to make good the reparation orders made by the District Court on 5 July 2013?Hon CHRISTOPHER FINLAYSON: Regrettably the member did not listen to the first answer to the question. Cabinet did not make a decision and the implication in his question is deeply constitutionally offensive. These are decisions that are made by the Solicitor-General. Cabinet has no place in deciding on the initiation the continuance or the bringing to an end of a prosecution.Andrew Little: Was the offer on behalf of Mr Whittall to pay $3.41 million to the families of the dead miners taken into account in the decision not to proceed with the prosecution and in the subsequent decision to offer no evidence and seek a discharge the equivalent of an acquittal?Hon CHRISTOPHER FINLAYSON: As I said these are matters for the Solicitor-General. To the best of my knowledge when the Solicitor-General and through him the Crown prosecutor in Christchurch were determining the matter that was a factor that was taken into account. But there were a number of matters that meant that the Crown decided not to proceed with the prosecution.Andrew Little: How was the public interest test required under paragraph 5.1.2 of the Solicitor-General’s prosecution guidelines of 1 July 2013 met in this case in light of the clear findings of the royal commission of inquiry of the level of negligence by themine owner’s officers leading up to the fatal explosion on 19 November 2010 and the fact that 29 men died at work in one fell swoop causing widespread public alarm?Hon CHRISTOPHER FINLAYSON: Once again I have to bring the member back to the prosecution guidelines and to the person who makes the decision and the factors that are taken into account in making the decision. These matters are free from political interference or at least in a National Government they are.Hon Trevor Mallard: I raise a point of order Mr Speaker. Can I invite you to go back and look at that answer look at theCabinet Manual and look at the Standing Orders and inform us who is answerable in Parliament for those decisions if it is not the Attorney-General.Mr SPEAKER: I will accept the invitation from the member and I will certainly have another look at it.