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Posts Tagged ‘urgency’

Why we’re supporting this Bill

Posted by Chris Hipkins on August 18th, 2011

Today the Labour Party is taking the unusual step of supporting the National Government passing a Bill through all stages of Parliament’s process under Urgency. We’ve been pretty critical of National’s use of Urgency to avoid select committee scrutiny so I think it’s important we explain why we’re supporting its use in this instance.

In 2008 a major re-write of the Police Act was passed by the previous Labour government. It’s a big and complex piece of legislation and mistakes were made. Under the law, if someone is discharged or found not guilty of a crime, their photographs and fingerprints have to be destroyed by Police, but if they are found guilty, they’re kept on file.

Inadvertently, the law was changed to prevent the Police retaining the photos and fingerprints of young people where they were dealt with by the Youth Court rather than the District Court. In other words, even if the young person was found ‘guilty’ by the Youth Court the Police would have had to destroy their photographs and fingerprints.

This needed to be fixed under Urgency because once the mistake was publicly known young offenders who had been convicted using identifying information the Police had stored could have had grounds for appeal.

The Bill that Parliament is currently passing effectively restores the status quo. It reverses a law change that was made by accident, without debate, without select committee scrutiny, and without anyone even knowing it was happening.

The Green Party and the M?ori Party are voting against the Bill currently before Parliament. Some of their arguments are based on process; that Urgency creates bad law and the Bill deserves select committee scrutiny. As I’ve noted above, on balance I don’t accept that in this case and think there is a legitimate case for Urgency.

But some of the arguments being raised in opposition to the Bill raise wider policy issues. I agree that these are legitimate debates, but this is not the appropriate time to raise them (I would also note that when the substance of the law was being debated, neither the Greens nor the M?ori Party felt sufficiently strongly about the issues at the time to even speak about them and that part of the original Bill was passed unanimously).

As I’ve said, I don’t like the use of Urgency to pass laws in a hurry without proper debate and scrutiny. It should only be used in exceptional circumstances. In this instance I think Urgency is warranted.


Urgency- Some real information

Posted by Grant Robertson on April 12th, 2011

This seems timely as we head into urgency again. Late last year, after the filming of a Backbencher episode in which I had bemoaned what I considered to be the excessive use of urgency by the National led government I was approached by blogger and National Party doyen David Farrar. He, correctly, said it would be good to get some hard information about the use of urgency over recent years so we could make some informed judgements on the issue.

As everyone will know I don’t agree with David about much, but I do know that he has respect for the Parliamentary process. He indicated that overuse of urgency by any party was something that concerned him. Over the next while we discussed what questions we could ask, and the end result was a request from me to the Parliamentary Library. Their full answer can be found here.

David and I are both writing a post on this. It was to be a joint post, but we, of course have some different perspectives. We do have some similar conclusions, but more of that later.   David’s post can be found here.

So, the key points

• One statistic stands out for me. While urgency has been used to a greater or lesser degree by all governments, the by-passing of the Select Committee process has exploded under this government. In just over two years 17 bills have been passed without referral to a select committee, compared with five or fewer in the full three years of the three previous Parliaments. Now, there will be reasons to justify this from time to time. For example, in 2010 a bill to ensure Police who had made their oath to become officers under an incorrect procedure were still regarded as sworn officers did not go to a Select Committee. That was the right decision for the integrity of the Police. But where it is, say the bill to introduce National Standards for primary schools, that should go to a select committee. Select Committees are an essential part of ensuring democratic participation in our law-making, and to making sure the law works as well as it possibly can. They should not be by-passed at the rate they have been over the last couple of years.

• Overall for the three Parliaments under the last Labour government the total percentage of time used for urgency was 13% (99-02) 21% (02-05) 10% (05-08). National have not completed their three years but are sitting at 31% after just over two years. Although they have another year to go, I think we can say on balance that National has used urgency more overall particularly because the percentage of time in urgency has remained high (see below)

• Government’s use of urgency tends to peak in the first (or part thereof) and third years of a Parliament. For instance for Labour the percentage of time in urgency in the first year after the 2002 election was 35% and 23% after 2005 election. National had a massive go at that in 2008 with a whopping 83%.

• Under Labour the amount of urgency taken tended to tail off significantly in the middle years. Here National has taken a different tack with 2009 and 2010 having 26% and 22% of the House sitting hours under urgency.

So what conclusions do I draw from this data

1. By-passing the select committee process should be something that is done in only the most exceptional circumstances. It may be that a different kind of urgency motion should be required for that, with perhaps 75% of the House having to agree.

2. We should investigate whether there is a way of extending the sitting hours of the House in a way that does not compromise the integrity or quality of the legislative process. One suggestion that has been floating around is to allow for the Committee of the Whole House to sit on Wednesday and Thursday mornings when the relevant Select Committee is not sitting. I am sure there will be other suggestions.


Another “Urgency” shambles

Posted by Chris Hipkins on December 9th, 2010

Parliament went into “Urgency” this afternoon. This is totally due to Gerry Brownlee’s incompetent management of parliamentary business. It also shows a total lack of good faith and a lack of respect for our most important democratic institution. There is nothing “urgent” about the legislation that we’re going to be debating for the next 48 hours, and if Gerry Brownlee had been a more competent manager it could have all been passed during normal sitting hours anyway.

So what’s Gerry’s rationale for this un-urgent Urgency? He claims that because Parliament is about to go into recess for the Christmas break we should sit almost around the clock for the next few days to ram through new laws without giving them the proper scrutiny and debate they would normally get. It just doesn’t add up. I love Parliament, and I love parliamentary debate, but sitting from 9am to midnight for days in a row doesn’t make for good, considered law-making.

We owe it to those who send us here to give all legislation before the House proper scrutiny. The government has been rightly critiscised already this year for passing new laws without allowing select committee scrutiny. They’ve also been critiscised for passing laws that give exceptionally broad powers to individual ministers. It all starts to paint a picture of a born-to-rule Tory government gorging itself on power after 9 years in the wilderness.


It’s the little things that count…

Posted by David Cunliffe on December 7th, 2010

Sometimes it’s the little things that tell a big story.

Parliament is sitting in the press-Xmas period under the shadow of urgency to pass a rush of “priority legislation”. 

Guess what one of the top priorities is?  Abolishing gift duty.

That’s right, at a time when Kiwi families are doing it bloody tough, when the recession is biting this year worse than last, when top earners have had two rounds of generous tax cuts, and when the government is confronted by evidence of large scale tax avoidance, their priority is abolishing gift duty.

Making it easier to transfer assets to the trusts or the kiddies (on lower tax rates) above the existing threshhold of $27k each per annum.

Surely not a prioirty in the Mana electorate, not a priority in New Lynn, nor quake-ravaged Christchurch.

Surely not an example of personal responsibility – where everone pays their fair share.

Surely not bringing relief to the squeezed middle. 

For National it is clearly a prioirty to bring yet further relief to the top. 

Sometimes it really is the little things that count.


Does Parliament need to slow down?

Posted by Chris Hipkins on November 13th, 2010

In this morning’s Dominion Post there is an interview with Sir Geoffrey Palmer, former PM and undoubtedly our most distinguished (local) constitutional expert. He has expressed some concern about some of the laws Parliament has passed recently and the use of parliamentary ‘Urgency’ to do so, and I tend to agree.

New Zealand’s legislative system is very simple by international standards. We only have one chamber, so once a Bill is passed by Parliament, it’s usually law within a matter of days. In other countries, there are ‘second thought’ processes where the law is considered by an upper house, such as the House of Lords in the UK or the Senate in the US. There can also be a ‘veto’ power, for example in the US where the President, elected separately from the legislature, can reject a law. In New Zealand, while the Governor General technically has that power, it has never been used and in the event that it was, the mandate to do so would be dubious at best.

In our system, the government of the day commands a majority in the House (by definition) so it can do pretty much whatever it wants. In the past few months we’ve seen two examples of laws passed through all their stages in a single sitting, the Canterbury Earthquake legislation (supported by all parties) and changes to employment laws (only supported by the governing parties). I strongly believe both of those laws could have been improved had they been through a Select Committee process in which the public and subject matter experts were given the opportunity to have input.

I don’t think we need to go to the trouble and expense of establishing another level within the legislature, but I do think we could put a few more checks and balances on the system we currently have. For example, we could establish some clear criteria the government would need to meet before they could push a Bill through all its stages under Urgency. We could also have a mandatory review process for urgent laws, for example by adding a sunset clause that would come into effect unless a Select Committee reviewed the new law and recommended it be endorsed (or endorsed with amendment).

I’m also concerned that the significance of the parliamentary legislature is being undermined by a procession of laws that give much greater power to the Executive. The Canterbury Earthquake law and the Rugby World Cup Empowering Bill are just two examples. I wonder how our constitutional framework could be improved to avoid this leeching of power to the Executive?

Ultimately the greatest check on the government’s power comes every three years in the form of a General Election. I personally think three years isn’t a long enough term for effective governance (that’s a whole different issue) but before we could even think about a longer term, we’d need to make sure that safeguards against the abuse of power were significantly strengthened. Parliament has a vital role to play in keeping the government honest and ensuring that democracy is well served. I’m not convinced we’re doing that as best we could.


My first car

Posted by Clare Curran on June 24th, 2010

Talking in the House today on the Motor Vehicle Sales Amendment Bill, a Bill which is so important that it needed to be considered during Urgency, I found myself musing on my first car.

His name was Maurice - pronounced Maureeece (Fr) . He was a 1948 Morris 10, with running boards and those little indicator thingies that flip in and out. He was blue and cost me $125. As you can guess, I loved him. When he eventually died, I sold him again for $125. Not bad I thought. Left him in a paddock.

Interestingly, Mr Speaker, though a bit disapproving about my lapse in concentration of the matter at hand, allowed my musings with a bit of a wry smile.

The following Labour speaker David Shearer was then moved to provide us with details on his first car, which was a 1958 Morris Minor. Called Molly. She was yellow.

And then we had David Clendon from the Greens. His was a 1948 Vauxhall 12. Not sure what gender, as it had no name. But it was green and had a spare tyre mould on the back.

You could see the Government members really wanted to share their stories too. But they held back, fearful of disapproval I guess. Pity.

I reckon we’ve all got great first car stories. Why don’t you share. Keep it clean though. We don’t want to know what you did in your first car!

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Filed under: humour, personal

What I would have asked Tolley

Posted by Trevor Mallard on February 25th, 2010

Because it looks like the Nats have decided they don’t want to expose their Ministers to questions today I thought I would share with Red Alert readers and in particular Anne Tolley (because I know that her office and several of her Cabinet colleagues read Red Alert on a daily basis) the question I would have asked. Looks like I will now have to wait three weeks but thought that giving notice will allow her to swot.

Does she understand the asTTle reporting system and the process leading to it?

Btw – one point of order yesterday took 75 minutes – Gerry would have been better off having questions and co-operation over times of debates.

Update  Gerry Brownlee has folded – has now woken up and there will be a question time today.


Urgency – Act VI

Posted by Grant Robertson on October 27th, 2009

I am sure you will all be shocked to learn  that  I understand we are about to go into urgency, again, for the sixth parliamentary week in a row. As I said in my post on this last week, urgency has been used by all governments, but it certainly feels like it has been far more often. David Farrar has given us his spin, but if we look at the actual percentage of hours spent in urgency, it is revealing as to just how much time has been spent in urgency this term.

Parliament

Years

Percentage

43rd

1990-1993

30.25

44th

1993-1996

9.21

45th

1996-1999

30.73

46th

1999-2002

13.12

47th

2002-2005

21.38

48th

2005-2008

9.9

49th (to end of 20 October 2009)

2008-

33.6

In addition what these figures do not show is the percentage of bills that have not been referred to a select committee under National.  There has been an excessive use of urgency this term, and a greater use under previous National led governments. Such excessive use is inevitably going to lead to bad law, and it is anti-democratic. The use needs to be reviewed.


Labour on Super City

Posted by Phil Twyford on September 18th, 2009

Yesterday the Government passed the Local Government (Auckland Council) Bill on a vote of 64 to 58 after a long debate under urgency. We put up a good fight but it wasn’t enough as the Nats and ACT finally passed it just before lunchtime. There were many good speeches from Labour and we dominated the debate as the Nats were too lazy to speak on the bill.

Below is my speech from the third reading of the bill (you can also watch it here) which sums up Labour’s position:

We have heard some plaintive mews from the National benches, saying that we in the Labour Opposition actually support this bill. Nothing could be further from the truth.

Yes, we do support having a unitary authority and we do support having one mayor. We support one council, one plan, and one rates bill. We support an integrated water company and a transport authority in public ownership. We support much but not all of what the Royal Commission recommended in March.

However, we do not support this Government’s ham-fisted mishandling of the Auckland governance reforms. We do not support the rushed process, the confiscation of Aucklanders’ right to a referendum, the abuse of urgency in this House, and the fake listening campaign conducted by the members on the other side of the House.

We do not support the ill-judged plans for powerless boards and “at large’ councillors, or the fiasco over M?ori representation that saw the Prime Minister professing to have an open mind on the issue weeks after he had caved in to Rodney Hide’s threat to resign. (more…)


Best comment in the House

Posted by Clare Curran on September 15th, 2009

I think we’ll start a best comment in the House series. Stand out tonight was Shane Jones (moments ago) who got up to respond to Auckland Central’s Nikki Kaye in the “urgent” debate on the Super City Bill .

He said:

That was National’s contribution to artificial intelligence….

I guess you had to be there


Urgency again…

Posted by Chris Hipkins on September 15th, 2009

The House has just gone into urgency for the second week in a row so that the government can ram through more of Rodney Hide’s Super City agenda. Once again the government is proving how incompetent it is at managing the flow of work through the House. There is a pattern here. For weeks on end we debate legislation introduced by the last Labour government until a National/ACT bill comes up and then Brownlee hits the nuclear button.

Whenever we go into urgency select committee meetings get cancelled. As a result, bills that are currently before select committees are likely to be delayed, meaning that we’ll end up with another gap in the House programme. Then when they are all reported back, no doubt the government will go back into another frantic round of urgency. It’s just plain incompetence.

Brownlee’s justification for urgency this time around sounded pretty pathetic too. He tried to argue that the Student Loan (Repayment Bonus) Amendment Bill was urgent because students would soon be enrolling for 2010. He obviously missed the fact that it is the graduates, not the prospective students, who will benefit from it. Time Brownlee handed over the reigns to someone competent. John Carter would do the trick.


Cuts to the thin green line

Posted by Brendon Burns on September 10th, 2009

Rotorua. Labour conference starts tomorrow – hurrah -and was in Taupo area today visiting Landcorp farms with Primary Production committee, so made sense to come on here. First person I bu mped into was Ag Minister David Carter. Reminded me that I took the last call in the House last night on his Biosecurity Amendment Bill. It doubles the fines for those caught smuggling prohibited items like food into NZ. A welcome move. But doing so under urgency the day after 54 Biosecurity staff lost their jobs was highly cynical. And yes, there may be a current downturn in trade, notably Jap car imports, but trade is always cyclical. The bill also provides for the easier trans-Tasman travel promised by John Key on his recent visit to Oz.  Making life easier for travellers is a good thing – but not it exposes the lifeblood of our economy to more risk.  Christchurch biosecurity staff have told me that the ‘thin green line’ is already very stretched – and that was before the announced cuts.  Savings of $2m are estimated. The varroa mite incursion alone cost 100 times that amount. Little wonder Fed Farmers president Don Nicholson has been moved to say this is one area of government cuts he won’t support. Labour will be scrutinising the bill very closely in the Primary Production select committee.


Banks off the hook

Posted by Brendon Burns on July 1st, 2009

There will be no inquiry into bank interest rates by the Finance and Expenditure Committee. This afternoon  it voted by a majority Government decision not to proceed with an inquiry into bank  rates, notably short term.

No real surprise here. After breathing hot on the issue a few short weeks ago, the Government has for some days been blowing cold. I was at John Key’s Christchurch forum only three weeks ago today when he stated banks could try harder to cut rates. Bill English was saying similar things. Cue to Parliament a few days later and English was praising the banks to the hilt. Questioned as whether he’d met the banks in recent days, he agreed he had.

So Reserve Bank governor Alan Bollard might say the banks are not doing all they could to assist New Zealand’s recovery, but English just said in the House that these are not matters that a Parliamentary committee of ‘backbenchers ‘could assist. Much better to leave it to him and his various positions, obviously


Started with a shambles, ended with a shambles

Posted by Grant Robertson on May 16th, 2009

We have finally finished urgency and it started very much as it began, with National and ACT combining to stuff up basic procedure at the very end of the night.  For those interested in the arcane details of Parliamentary process (you sick people!)  Rodney Hide failed to give a date for the second Auckland Governance Bill to be reported back from the Select Committee when he moved the very last motion of the night. Cue, another 40 minutes of points of order, before the matter was resolved.

National and ACT took the best part of 40 hours to put through the two bills. They missed a lot of tricks early in the piece, and Gerry Brownlee’s limited grasp of house process was exposed.

From our point of view, it is not fun to spend all this time in Parliament, but there is no doubt in my mind that it was the right approach. The National government has made the big decisions consigning to history 7 councils, putting in doubt the employment conditions of 6,000 people and investing all the powers of those councils to a transition agency, handpicked by Rodney Hide.  This is wrong, and at the very least it needed to be sent to a Select Committee. In the end we used the only avenue available to us to ensure there was at least some scruitiny and debate.


Agenda behind Super City legislation

Posted by Brendon Burns on May 16th, 2009

Good to join Red Alert. My first post comes as the end is in sight for the urgency at Parliament. We in Labour have used it to do all we can to slow the headlong rush into what will prove an unmitigated Super Cockup for Auckland…

Here’s the message I sent earlier today to my Christchurch Central electorate members.

You deserve to know why I am not in my electorate today, Saturday, working on a complete day of engagements, including a party budget planning session and most especially, doing whatever I can to assist those 102 people who yesterday lost their jobs at Lane Walker Rudkin. With my Labour caucus colleagues, I am at Parliament, as it sits under urgency trying to stop the Government ramming through the legislation to establish the Auckland ‘Super City’ Council.

The Tories are attempting to portray this as time-wasting. In fact, we Labour MPs, along with those in Greens, Progressive and Maori Party, are providing the only check on Rodney Hide’s audacious move to impose what he wants on our biggest city. The Local Government (Auckland Reorganisation) Bill creates the Transition Agency which will have total authority in running Auckland until next year’s local body elections. Hide will pick its members and you can guess the sort of people he will appoint. I have very real fears that the right and proper case for reform of Auckland’s local authority structure, as recommended by the Royal Commission that Labour established, will be used to set in place an agenda for a new and savage round of privatisation of public assets.

And if Auckland is first, the question is: what region is next?


Credit to John Carter and Darren Hughes

Posted by Trevor Mallard on May 16th, 2009

Coming to the end of the Wednesday sitting. Government has made enormous progress since John Carter took over house leadership from Gerry Brownlee. Carters experience has been invaluable and if Key works on the basis of talent he will be in Cabinet for Wayne Mapp or Kate Wilkinson when Key reshuffles later in the year.

I was pretty worried when Michael Cullen left. I’m now confident that with the young ginga we have someone who can run the house in government. He has done a great job over the whole sitting day.


Sitting on Saturdays

Posted by Charles Chauvel on May 16th, 2009

A well-wisher has pointed out that the New Zealand Parliament sits only very rarely on a Saturday.

Today appears to be only the 3rd time that Parliament has sat on a Saturday since the last National-led Government that went out of office at the end of 1999, and only the 8th time since 1991.

Between 1999 and the present, Parliament has sat on a Saturday in August 2000 (the only time that it did so during the period of the 5th Labour-led Government), just before Christmas last year while National was repealing key Labour legislation under urgency, and today.

Between 1991 and 1999, the 5 occasions on which Parliament sat on a Saturday were as follows:

  • During the “mother of all budgets” debate over 8 days in late July and early August 1991;
  • In late June and early July 1992, again for the budget debate that year;
  • In late June 1994 to consider the Maritime Transport Bill;
  • In early December 1998
  • In early September 1999.

I’d rather not be here on a Saturday.  But if the Government won’t send the legislation setting up its appointed and all-powerful transitional Auckland authority to a select committee, we need to give that legislation at least some parliamentary scrutiny. And I’m pleased we have, because of some of what we have found out about National, ACT and Peter Dunne’s positions on the issues raised by the Bill. Today, for example, they voted against:

  • my amendment, adding sections to the Bill that would stop the transitional authority from privatising the $28 billion of ratepayers’ assets that it will have charge of, and
  • Darien Fenton’s amendment putting a statutory obligation on the transitional Auckland authority to be a good employer to the over 6000 employees whom it will inherit.

They look likely to be about to vote down a further amendment making sure that the paid parental leave entitlements of the 6000 employees are unaffected by the legislation – amendments moved by the Government last night have left this issue unclear.

I hope that these get reported – people deserve to know about how the parties voted on these issues.


Urgency Bad

Posted by Trevor Mallard on May 16th, 2009
  1. John Banks and his council can handpick Peseta Sam Lotu-Iiga’s successor when he resigns from the Auckland City Council over the next couple of months rather than have a by-election.
  2. Paid parental leave entitlements are lost for thousands of current council employees because there will be a new employer and no carry forward provision as was provided for Kiwisaver.

The offer for a three or four week select committee with about a weeks hearings in Auckland remains open. If the NACTs agree we will finish within an hour or so.


The gorilla in the room

Posted by Phil Twyford on May 16th, 2009

The gorilla in the room of the Auckland super city debate stirred into action this morning. No I am not talking about House Leader Gerry Brownlee. Privatisation is the issue. My colleague Charles Chauvel put up an amendment to the Local Government (Auckland Reorganisation) Bill to protect assets during the transition to the super city.

Aucklanders are rightly fearful that as well as losing their voice in this new top-down super city, they also stand to lose strategic public assets like the port and the water company.

Am I being alarmist?  Generations of Aucklanders have built up $28 billion of public assets from the port to the water companies, parks, libraries, social housing, and shares in the airport.  Now consider the policy of Local Government Minister Rodney Hide’s ACT party to shed commercial activities and reduce local government to a narrow core of things like regulation, flood control and roads. Add to that a Government bulldozing through a gerrymandered Auckland Council that would install a permanent right wing majority. Then remember the determined but only partially successful efforts to flog off the airport and port in the nineties. (Mike Lee’s history of Auckland local government makes fascinating reading.)  And more recently John Banks and his C&R mates in Auckland City dispensing with social housing.

Aucklanders be afraid.  In spite of good speeches by Sue Kedgley of the Greens and Grant Robertson of Labour, Charles Chauvel’s amendment was of course voted down by the Nats and ACT. And that is why I am going to introduce at the next opportunity a private member’s bill to entrench public ownership of assets under the super city. Any asset sale will require a majority vote in a referendum. Good idea?


Gerry Turns Down Offer

Posted by Trevor Mallard on May 15th, 2009

There are a couple of blogs below that outline the filibuster on Auckland legislation. The Labour/green team has developed hundreds of amendments and about a dozen extra parts.  We can keep drafting them. We are probably able to keep the bill going well into next week.

We have one objective – to get the bill off to a select committee even for three or four weeks, including about a week of hearings in Auckland. the times are negotiable.

Labour, the Greens and the Maori Party are prepared to pull our amendments and new parts out if the NACTs agree to send the bill to a committee.

Gerry Brownlee has turned down down the offer but it remains open.