3 May 2018

100% of submissions oppose Govt Electoral Bill

The Ardern-Peters Government should withdraw its Bill that enables party leaders to dismiss an MP from Parliament following unanimous opposition to it, National’s Electoral Law spokesperson Dr Nick Smith says.

“All three governing parties appeared shocked by the strength of the 43 submissions in opposition to the Electoral (Integrity) Amendment Bill.

“We have had over 20 constitutional law experts from four universities, the Human Rights Commission, the Law Society, two former Speakers, former Green MPs and even the Clerk of the House of Representatives express strong concerns about it.

“There was not a single submission that supported the Bill’s purpose to allow a party leader to dismiss an elected constituency MP, and only two supporting the provision for list MPs.

“The major objection from submitters is that it increases the power of party leaders at the expense of MPs and voters, that it will have a chilling effect on the free speech of MPs in Parliament, and that it breaches the Bill of Rights.

“Other concerns include the effect of undermining the requirement for governments to retain the confidence of the House, the damage it will do to New Zealand's reputation on democracy and human rights, and preventing the evolution of new political parties.

“This Bill has become an early test to as whether the Coaliton Government takes the parliamentary and select committee process seriously.

“It would be breathtakingly arrogant for the Government to pass legislation - particularly on constitutional and electoral matters against this unanimous chorus of submissions opposing it.

“The fundamental problem with this Bill is that it has never been about improving our Parliament democracy but about propping up this fragile government.

“We must not undo centuries-old democratic principles for the vain ambition of Mr Peters to have absolute power over his New Zealand First MPs. Power corrupts and absolute power corrupts absolutely,” Dr Smith says.

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