Simon Power MP
National Party Justice & Corrections Spokesman

8 March 2007

National asks SSC to review Corrections' conduct

National's Justice & Corrections spokesman, Simon Power, has written to the State Services Commissioner over concerns that Corrections CEO Barry Matthews has failed to address his fundamental obligations under the Corrections Act.

Mr Power's concerns primarily surround two issues.

First, a comment by Mr Matthews, who said 'there's no blood on my hands' while absolving his department of responsibility for the offending committed by Graeme Burton while on parole.

Mr Power says in his letter: "I am primarily concerned about the insensitivity of this statement for the victims of Burton and their families."

Secondly, whether Mr Matthews' conduct "is consistent with his statutory responsibilities" under the Corrections Act which include that "the maintenance of public safety is the paramount consideration in decisions about the management of persons under control or supervision".

Mr Power questions "the appropriateness of Mr Matthews' refusal to take any responsibility for his department's failings, both in the supply of information to the Parole Board and in the management of Burton's parole".

"This contrasts with the acknowledgement of responsibility by the chairman of the Parole Board, Judge David Carruthers, and with the statement by the Prime Minister that she considers that both agencies displayed shortcomings."

(Judge Carruthers told TV1 News on Tuesday night: 'I'm responsible; I'm the Chairman of the Parole Board that released this man. I'm responsible for that 'cause that's my job.')

The letter concludes: "I am seeking your advice on whether the State Services Commission views the Chief Executive's comments as appropriate behaviour on the part of a public service chief executive, and what action, if any, will be taken."

07 March 2007

Dr Mark Prebble
State Services Commissioner
State Services Commission
PO Box 329
Wellington

Fax: 04 495 6686

Dear Dr Prebble

I write to express my concern at comments made by the Chief Executive of the Corrections Department Barry Matthews at a press conference yesterday, which were subsequently replayed on television news. In absolving his department of responsibility for the offending committed by Graeme Burton whilst on parole, Mr Matthews stated “There’s no blood on my hands”.

I am primarily concerned about the insensitivity of this statement for the victims of Burton and their families. However, I would also question the appropriateness of Mr Matthews’ refusal to take any responsibility for his department’s failings, both in the supply of information to the Parole Board and in the management of Burton’s parole. This contrasts with the acknowledgement of responsibility by the chairman of the Parole Board Judge David Carruthers, and with the statement by the Prime Minister that she considers that both agencies displayed shortcomings.

The comments also raise the issue of whether Mr Matthews’ conduct is consistent with his statutory responsibilities. Section 8(1)(a) of the Corrections Act 2004 states that the responsibility of the Chief Executive is to ensure that the Corrections system operates in accordance with the purposes set out in section 5 and the principles set out in section 6. Of particular relevance in this regard is the principle set out in section 6(1)(a): the maintenance of public safety is the paramount consideration in decisions about the management of persons under control or supervision.

I am seeking your advice on whether the State Services Commission views the Chief Executive’s comments as appropriate behaviour on the part of a public service chief executive, and what action, if any, will be taken.

Yours sincerely

Simon Power MP

ENDS

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