Select Committees This Week
SELECT COMMITTEE BUSINESS
2 July 1999 to 9 July 1999
Committee meetings
There were 8 committee
meetings, all in the parliamentary complex.
Reports
presented (7)
Regulations Review
· Complaint relating
to the New Zealand Food Standard 1996, Amendment No. 11 (I.
16Q)
· Inquiry into instruments deemed to be regulations:
An examination of delegated legislation (I.16R)
Justice
and Law Reform
· Sale of Liquor Amendment Bill (No. 2)
(211-2)
Health
· Petition 1996/1402 of Chantel Louise
Hewitt and 16 497 others
· Petition 1996/1567 of Veronica
Butler and others
Intelligence and
Security
(established pursuant to the Intelligence and
Security Committee Act 1996)
· Estimates for 1999/2000
for Vote Security Intelligence
· Estimates for 1999/2000
for Vote Communications Security and
Intelligence
Bills referred to select committees
No bills were referred.
Committee notes
(for further
information on an item, please contact the committee staff
noted in italics)
Commerce (Clare Sullivan, Louise
Foley)
The committee met twice this week to consider the
Commerce (Controlled Goods or Services) Amendment Bill.
Next week it will consider the Personal Property Securities
Bill.
Education and Science (Graham Hill, Tim
Cooper)
At the next meeting of the committee on 15 July,
it will consider all its votes and hear further from the
Ministry of Research, Science and Technology on Vote
Research, Science and Technology, and the New Zealand
Qualifications Authority on alleged organisational and
operational problems.
Finance and Expenditure (Nick
Aldous, Ainslie Rayner)
The committee will next meet on
Wednesday, 14 July. It will continue to hear evidence from
the Minister of Revenue on the 1999/2000 Estimate for Vote
Revenue. It will also commence hearing submissions on the
Taxation (Annual Rates and Remedial Matters) Bill.
Foreign
Affairs, Defence and Trade (David Sanders, Lyn Main)
The
committee will hear evidence from three witnesses on its
Inquiry into the appointment process for the position of
director of the Centre for Strategic Studies. The Clerk of
the House will also appear on the committee's review of the
process adopted in May 1998 for the examination of
international treaties.
Government Administration (Alan
Witcombe, Tracey Rayner)
Two items of note are on the
committee's agenda for Thursday, 15 July. It will be giving
further consideration to the Constitution Amendment Bill. A
report from the committee on the bill is due on or before 22
July.
At 11.40 am the committee will commence its examination of Vote State Services. The State Services Commission is scheduled to give evidence on a wide range of issues relating to the Public Service and comment on matters affecting the wider State sector.
Health (David Wilson,
Sharon Woollaston)
On Wednesday the committee heard
twelve submissions on the Health and Disability Services
(Safety) Bill. A concern raised by a number of
submissioners was the exclusion of day care providers and
home health providers from the bill. Age Concern stated
that it was extremely concerned about the absence of
accountability for services such as home support services
and day care services where the provider does not hold
contracts with the Health Funding Authority.
Next week the committee will complete its hearing of evidence on the Health and Disability Services (Safety) Bill; hearings will be open to the public from 10.30 am to 1.00 pm.
Internal
Affairs and Local Government (Kia Paranihi, Fiona
McLean)
The committee expects to deal with the Inquiry
into the early processing of voting papers at the 1998 local
body elections again immediately after it completes its
examination of 1999/2000 Estimates.
Next week the committee will hear from the South Taranaki District Council on its bill, the South Taranaki District Council (Egmont Electricity Limited Sale Proceeds) Bill and the New Plymouth District Council on its bill, the New Plymouth Recreation and Racecourse Reserve Bill.
The Napier Borough Endowments Amendment Bill will also be considered by the committee next week.
Submissions are being invited on the Hawke's Bay Regional Council (Surplus Funds Distribution) Empowering Bill, with a closing date of 13 August 1999.
Justice and Law Reform (Jayne Wallis, Tracey
Conlon)
The committee presented its final report on the
Sale of Liquor Amendment Bill (No.2) on Monday. In its
report the committee set out options in relation to the
major 'conscience type' issues for the House to consider.
The options are ranked from the least restrictive to the
most restrictive. The committee recommends that the House
consider and vote on these options during the committee of
the whole House prior to the usual clause by clause
consideration.
The committee also makes recommendations on three issues and sets out its consideration of two other issues. In addition there are a number of issues that were not considered. It is explained in the committee's report that consideration of the bill was complicated by a large number of linkages that exist between issues. As a result consideration of a number of issues was not feasible because, without knowing how the House would vote on the major issues, 'an unrealistic number of permutations would need to be taken into account'. Furthermore the committee is aware that 'conscience type' issues are never dealt with easily in the committee of the whole House. 'The complex nature of the bill serves to augment [the committee's] concern that consideration at a later stage will be confusing unless an innovative approach is taken.'
M_ori
Affairs (Jamesa Marino-Fritzsch, Denise Te Karu)
On
Thursday, the committee will consider Vote M_ori
Affairs.
Primary Production (Bob Bunch)
On Thursday,
the committee heard evidence on the Farm Debt Mediation
Bill, a Member's bill in the name of R Doug Woolerton.
Three submissions were heard, with two of them being one
organisation with opposing views. The Northland Branch of
Federated Farmers supported the bill, while the National
Office of Federated Farmers opposed the bill, as did the New
Zealand Bankers Association. The committee will further
consider the bill at a later date.
The committee also considered further the Animal Products Bill and the Fisheries Amendment Bill in the afternoon and evening. These two bills are also on the agenda for this Friday's meeting of the committee. The committee has until 20 July to report to the House on the Animal Products Bill and 21 August on the Fisheries Amendment Bill.
Regulations
Review (Shelley Banks)
Regulations Review Committee
Inquiry reported back
"Parliament needs to be more
pro-active in the management of the law-making powers it
delegates", Rt Hon Jonathan Hunt MP, Chairperson of the
Regulations Review Committee, announced following the
presentation of the committee's report on its Inquiry into
instruments deemed to be regulations, on Tuesday, 6 July
1999.
The inquiry examines a wide range of delegated legislation, with particular emphasis on a class referred to by the committee as "deemed regulations" - instruments "deemed" by the statute under which they are made to be regulations. Many of these instruments are exempt from the regulation-making processes that apply to traditional regulations. They are not usually drafted by the Government's professional drafters, are not approved by the Cabinet, and can have more limited public accessibility than traditional regulations.
"We took a general principles approach", Mr Hunt stated. "We listened to submitters' views and then considered what standards should be applied to deemed regulations. Our conclusion is that wherever possible, the same processes should be applied to deemed regulations as traditional regulations."
The report makes sixteen recommendations to the Government, including: that the Cabinet Office Manual be amended, requiring departments to address the principles in the report when suggesting that deemed regulations be created; that all deemed regulations be approved by the Cabinet; and that the Government improve access by publishing a central list of deemed regulations on the Internet. The Government is required to respond to the committee's recommendations by 4 October 1999.
"This is an important inquiry - particularly in the current political environment" Mr Hunt commented. "The Regulations Review Committee is one of the few parliamentary safeguards against the unfettered rule of a minority government by delegated legislation."
Bee product complaint upheld
In a
report issued on Friday, 2 July, the Regulations Review
Committee upheld a complaint relating to amendment 11 to the
New Zealand Food Standard 1996. The amendment, which came
into force on 17 April, requires that products containing
royal jelly, bee pollen and propolis carry mandatory warning
labels referring to the possibility that the products can
cause severe allergic reactions, especially in asthma and
allergy sufferers. The bee industry subsequently complained
to the Regulations Review Committee about the
amendment.
Committee chairperson Rt Hon Jonathan Hunt MP said "The committee was concerned that the Minister of Health did not have sufficient evidence to justify the decision that mandatory warnings be put on bee products."
"As a result of the lack of scientific evidence presented to the Minister, we determined that the amendment was contrary to Standing Orders, in that the amendment is not in accordance with the general objects and intentions of the Food Act 1981, the Act under which the amendment was issued.
"The regulation appears to make an unexpected or unusual use of the regulation-making powers in the Food Act 1981.
"A majority of the committee recommended in its report to the House that the Government revoke amendment 11 to the New Zealand Food Standard 1996." The Government's response is due to be tabled in the House by 30 September 1999.
Associate Minister of Health Tuariki Delamere has advised the Regulations Review Committee that a working group will be established to review the amendment.
"We are pleased the group is being set up and will include scientists acceptable to the bee industry. We were informed, however, that the group will not meet until the end of July", Mr Hunt said.
"We hope the group conducts the review with some urgency and reports to the Minister as soon as possible.
"Because the amendment remains in force, I consider it is appropriate to move that the regulation be disallowed. I intend to give notice of a motion for the disallowance of the amendment when the House resumes on 13 July", Mr Hunt said.
Social Services (Marie Alexander,
Susan Goodwin)
At a full day meeting on Wednesday 7 July,
the committee heard evidence on the Estimates for Votes
Labour and Housing. It also heard evidence on the Children,
Young Persons and Their Families Amendment Bill (No.2).
This bill seeks to give non-kin based M_ori groups equal
status with kin-based groups in relation to the provision of
social services. John Tamihere, former Chief Executive of
the Waipareira Trust (which is involved in the provision of
social services in South Auckland) appeared before the
committee and stated his opposition to the bill on the
grounds that it makes a distinction between iwi and non-kin
based M_ori groups.
Next week the committee will hear evidence from the Minister of Labour as part of its examination of the Estimate for Vote Labour.
Transport
and Environment (David Bagnall, Karen Smyth)
The
committee considered five bills on Wednesday. Two of these
(the Energy Efficiency Bill and the Hauraki Gulf Marine Park
Bill) will be considered again on Tuesday and Wednesday next
week.
Closing dates for submissions on
bills
Committees are receiving submissions on the
following bills with the closing date shown:
Education and
Science
Educational Establishments (Exemption from
Certain Rules) (2 August 1999)
Finance and
Expenditure
Taxation (Annual Rates and Remedial Matters)
(9 July 1999)
Government Administration
Acts and
Regulations Publication Amendment (9 July 1999)
Courts
Security (9 July 1999)
Health
Alcohol Advisory Council
Amendment (13 August 1999)
Children's Health Camps Board
Dissolution (30 July 1999)
Internal Affairs and Local
Government
Hawke's Bay Regional Council (Surplus Funds
Distribution) Empowering (13 August 1999)
Justice and Law
Reform
Truth in Sentencing (9 July
1999)
General
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