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Waka jumping and cannabis reform head Parliament's agenda
Cannabis law reform and MP “waka jumping” will dominate the first sitting week of Parliament in 2018.
When Parliament resumes today after the summer adjournment the Electoral Integrity Amendment Bill is set to receive its first reading.
The Bill says an MP’s seat will become vacant when they cease to be a parliamentary member of a political party for which they were elected.
This is triggered by a party leader telling the Speaker a MP has acted in “a way that has distorted, and is likely to continue to distort, the proportionality of political party representation in Parliament as determined at the last general election”.
The Party Leader would have to tell the Speaker in a statement two-thirds of their caucus agree the notice should be given. The statement must also confirm all other requirements imposed by the rules of the political party for which the member was elected have been complied with.
The issue has been a long running one for NZ First. In 1998, the National/NZ First Government faced collapse when NZ First said it was leaving the coalition. However, several MPs left the party and supported the National-led government to keep it in power.
In 2001, the then Labour-led Government introduced the predecessor of the Bill introduced today.
The only time the law was used was when ACT MP, Donna Awatere Huata was ejected from the party (or left according to different views at the time) and the law was triggered to expel her from Parliament. The case was the first heard by the new Supreme Court in 2004.
Critics of the law say it gives Party leaders too much power over elected MPs and was a legalistic way of enforcing caucus discipline. Supporters say preserving the proportionality of Parliament as set by the election from the actions of a “waka hopper” is more important.
The Greens opposed the original law, but their indication of support for this version means it has the numbers in the House to progress.
The Misuse of Drugs (Medicinal Cannabis) Amendment Bill is also due to be debated today. The Bill creates a statutory defence for terminally ill people to possess and use illegal cannabis. It also creates a regulation-making power to set standards for legal cannabis products; and amends the law so cannabidiol and it products are no longer classed as controlled drugs.
The first Members Day on Wednesday should result in the first reading debate of the Misuse of Drugs (Medicinal Cannabis and Other Matters) Amendment Bill.
The Bill is in the name of Green MP Chlöe Swarbrick.
The Bill amends the Misuse of Drugs Act to make an exemption for any person with a qualifying medical condition to cultivate, possess or use cannabis for therapeutic purposes, provided they have the support of a registered medical practitioner. The exemption for cultivation and possession would also apply to an immediate relative or any other person nominated by the person with such a diagnosis, for administering or supplying cannabis or its related products to the person.
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