Electoral (Integrity) Amendment Bill – Committee Stage – Clause 5a – Video 5

Electoral (Integrity) Amendment Bill – Committee Stage – Clause 5a – Video 5


who are going to be affected by this legislation and what rights they have under this law Mike or the Honorable dr. next month mr. Chairman I have to say I am truly appalled that the Labour Chief Whip would be attempting to move closure when there are very serious questions to answer on this part and not a single call has been taken by the minister or any member of the Labour Party let me firstly say that the concerns that we raised our raised by very reputable organizations around these issues of judicial review and the interaction with the parliamentary privileges act so firstly we have the Clerk of the House in their submission to the committee saying that the right of judicial review is questionable and secondly for this legislation to be workable then we need to amend the 2014 parliamentary privileges act and the minister’s own officials raised concerns at the Select Committee about the interaction of this bill and the parliamentary privileges Act so these questions mr. chairman and I say to members officer go to the very heart of this Parliament and the way in which it interacts with the courts and we are being negligent in our duties as members of parliament and lawmakers over an issue as fundamental as the right of a member of parliament to sit in this house or not if we are not able to answer those clear questions so I put up to the minister of the chair does he give an absolute that the provisions of his bill are judicially reviewable and he nods his head why is it that the Law Society that the Court of Appeal in the pre bull versus who out a case and the clerk of the house all say that there is significant uncertainty who else does he line up against all very well for huntin orders he’d in the house and to say there’s an absolute right of judicial review and here’s the part that’s really important Minister it’s one thing to have judicial review over the fact as to whether the leader of the party gave the correct notice to the speaker has it been signed is it the right number of days here’s the key part is the element of the leaders judgment that a member of parliament is behaved in such a way to distort the proportionality of parliament is that value judgment going to be judicially reviewable and the minister’s chair and I’m wondering in an a hand side because constitutionally it’s important and he’s not gonna take well I’d be better still if he takes a call cuz I actually think the stuff matters and get it on the record Metis because what we know is that there are a substantial number of lawyers who take a different view and for Parliament and to have on the record the right of judicial review is very important then the other point I really wish to see the minister make a call is on the amendment with respect to compliance with the Bill of Rights if the government is so confident of its position as the minister has repeated so many times that this bill is compliant with the Bill of Rights and that point is quite clearly disputed by members on the side of the house disputed by people or I think the minister in the chair respects there are constitutional lawyers I think you will form a lecturer and minister from Auckland University is one of those that disputes your view that it’s compliant with the Bill of Rights let’s clear that up and put it in the hands of the High Court if the if I’m proved wrong we’ll look old suck it up but why is the government given that this is such a disputed part of the slaw not prepared to leave it to the judgement of the courts and the third issue I’ve raised mr. chairman and again I do with a great deal of seriousness the records of Parliament that our hand-side reporters diligently take down admissible to the core that isn’t very serious there and watch my amendment seeks to do is to make absolutely plain that in those judicial review proceedings whether it be voting records whether it be the recordings of members speech be admissible evidence because frankly mr. chairman the Honorable Andrew the song Thank You mr. chairman

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