Sunday News

‘Serious concerns’ over secrecy in proposed military watchdog

Inspector-General of Defence small print puts investigat­ive journalism at risk and raises fears human rights violations by soldiers could be hidden, writes

- Andrea Vance.

Anew military watchdog – created after the deadly Operation Burnham raid – is a recipe for ‘‘whitewash and brushing things under the carpet’’ and will make it more difficult to hold the Defence Force accountabl­e, experts say.

They fear the small print in proposed legislatio­n establishi­ng the Inspector-General of Defence could see future human rights violations by soldiers kept secret – and make illegal the kind of investigat­ive journalism that exposed the cover-up.

Details of the 2010 Special Air Services-led mission in Afghanista­n became public when journalist­s Nicky Hager and Jon Stephenson wrote the book Hit & Run.

An inquiry later found a child was likely killed during the raid, elite soldiers misled ministers and the public about allegation­s of civilian deaths, and an insurgent was beaten while detained.

The probe, led by Sir Terence Arnold and Sir Geoffrey Palmer, recommende­d that an independen­t office of the Independen­t Inspector-General of Defence (IGD) be created to oversee NZDF and enhance accountabi­lity. The InspectorG­eneral of Defence Bill is before a select committee, having had a first reading.

However, the new role can only look into operationa­l incidents, and is specifical­ly excluded from examining training, disciplina­ry matters and day-to-day administra­tion.

Also out of scope are any matters which the NZDF is already investigat­ing. Critics point out that other watchdogs – the Chief Ombudsman, InspectorG­eneral of Intelligen­ce and Security, and Independen­t Police Conduct Authority – are not prohibited from duplicatin­g scrutiny, and this would allow military top brass to define the terms of how it will be investigat­ed.

These limitation­s mean it couldn’t investigat­e scandals such as the Unimog crash which killed Masterton man Warren Carter, deaths in training like that of Sergeant Wayne Taylor, who broke his neck in 2017, or Lance Corporal Nicholas Kahotea, killed during a counter-terrorism exercise two years later.

It would exclude the watchdog from looking into widespread

problems of sexual assault in the workplace, a culture of bullying at Waiouru cadet school, drunkennes­s among staff or instances of personnel being linked to far-right extremists.

All of this is especially problemati­c because the Operation Burnham inquiry found NZDF misled ministers and the public, and that recordkeep­ing was poor.

The watchdog also isn’t allowed to recommend if an individual or the NZDF be prosecuted. And any informatio­n provided to the inspector-general cannot be used in any future prosecutio­ns.

Critics have branded the move a ‘‘PR exercise’’ which will do nothing to improve public trust in the services. The New Zealand Council for Civil Liberties said it is a ‘‘recipe for whitewash and brushing things under the carpet, instead of ensuring adequate accountabi­lity for criminal acts’’.

‘‘The council believes that Parliament has lost sight of the all-important fact that people in the Defence Force have killed innocent people,’’ the council said in a blistering submission on legislatio­n establishi­ng the role.

‘‘Crimes have been committed. The people who committed them need as much help as the organisati­on that enabled them. But the requiremen­ts of justice mean that there must be a path for wrongdoing uncovered by the

IGD to lead to criminal charges where necessary.’’

The submission added: ‘‘The Government’s intention with this bill is clearly to have a strong inspector-general for the limited range of things they are permitted to investigat­e, but to then ensure the process ends there.’’

The council – a voluntary, notfor-profit organisati­on which advocates to promote human rights – is also concerned the inspector-general will have powers to issue suppressio­n orders to keep secret informatio­n about any of its investigat­ions. That means details will only come from its own reports.

This runs contrary to the purpose of the bill – to increase transparen­cy, the council said.

It would have a ‘‘chilling effect’’ on the media. ‘‘Notably, the investigat­ive journalism which triggered the Operation

Burnham Inquiry, could be made illegal. Even without being invoked . . . anyone would be reluctant to invest significan­t effort into a story which could be easily suppressed.’’

It would prevent journalist­s writing stories like Stuff’s 2018 revelation that the NZDF had funded a special unit to fight Hit & Run’s claims.

Hager said Arnold and Palmer had strongly recommende­d an Inspector-General of Defence in their inquiry report.

‘‘But – to their shame – Defence staff have worked behind the scenes ever since to stop the creation of a strong and independen­t watchdog,’’ Hager said. ‘‘They want a system where mistakes and wrongful actions can continue to be hidden.’’

Defence Minister Andrew Little said it was intended that the inspector-general ‘‘not duplicate existing accountabi­lity functions’’ such as courts-martial or WorkSafe.

‘‘It is important that the bill is considered in full,’’ he said. ‘‘For example, the criticisms by the Council of Civil Liberties of powers to protect informatio­n fail to mention the constraint­s on the exercise of those powers.’’

A minister could limit informatio­n disclosure only if there was a risk of endangerin­g someone or infringing privacy, prejudice security interests or foreign relations, he said.

The inspector-general can do so only where informatio­n is sensitive, in breach of a security classifica­tion or would prejudice the investigat­ion, he added.

The bill is being considered by the foreign affairs and defence select committee.

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 ?? KEVIN STENT, MONIQUE FORD/STUFF ?? Investigat­ive journalist­s Nicky Hager and Jon Stephenson, below, published Hit & Run in 2017 and Sir Geoffrey Palmer and Sir Terence Arnold, left, headed the subsequent Operation Burnham Inquiry, which recommende­d a new watchdog.
KEVIN STENT, MONIQUE FORD/STUFF Investigat­ive journalist­s Nicky Hager and Jon Stephenson, below, published Hit & Run in 2017 and Sir Geoffrey Palmer and Sir Terence Arnold, left, headed the subsequent Operation Burnham Inquiry, which recommende­d a new watchdog.

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