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Ch18 Parliamentary committees / CONDUCT OF INQUIRIES / Documentary evidenceadditional considerations / Search for documents



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House of Representatives                                Ch 18                                                 p 666

 

Parliamentary committees / CONDUCT OF INQUIRIES / Documentary evidence—additional considerations

 

Search for documents

Greenwood and Ellicott suggested that it would be within the competence of the House ‘to authorise an officer to search for specified documents or classes of documents in a particular place and order that they be inspected or copied or brought before the House’. 1 They considered the power to give such an order was conferred on a committee by reason of a power to send for documents. They conceded that this view was arguable and felt that it was a power which should only be used in exceptional circumstances. Even if this power is conferred in the way stated, the most appropriate course of action for a committee faced with a refusal by a witness to produce specified documents would be to acquaint the House of the refusal so that it may make a determination (as with oral evidence 2 ). It would be inappropriate for a committee to take direct action to search for a copy or take possession of documents without first informing the House and seeking a determination from it. May cites disobedience to or frustration of committee orders for the production of documents as an instance of contempt. 3



Parliamentary committees: powers over and protection afforded to witnesses , Paper prepared by I. J. Greenwood and R. J. Ellicott, PP 168 (1972) 31-2.



S.O. 254(b).



And see May , 23rd edn, p. 131.