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Leader's LetterSeptember 2003
Is Parliament Listening?Is Parliament out of touch with New Zealanders? There is increasing evidence that it is. In light of recent events I have to ask this question: “How much does recent legislation really reflect what the public wanted or even expected?” I suspect the answer is “not a lot”. For example, as the realities of the Prostitution Law Reform Bill hit home, ordinary New Zealanders, including parents, churches and community groups, are gearing themselves to get the Bill overturned. Had the political party, which has promised this Government Supply and Confidence, put a “stake in the sand” over this issue, and not given its support, the Bill could have been stopped or at least gone to a public referendum. I strongly suggest that had this controversial Bill gone to a binding national referendum it would not have passed into law. Consider too that a significant majority of New Zealanders, think my “Death with Dignity” Bill should have at least gone to select committee and thereby been subjected to some public input. I believe the MPs who voted against the Bill proceeding to select committee did New Zealanders a huge disservice, particularly certain vulnerable members of our society, namely the terminally ill. Judging by public reaction this issue will not go away until New Zealanders are listened to and their views respected. As if the “deafness” of Parliament is not enough, over recent years it has become very obvious this Government is determined to stamp its own brand of social engineering on the country. It is over-riding some very basic freedoms. Recent events clearly show this. The Smoke-free Environments (Enhanced Protection) Amendment Bill is a particular example of how out of touch with the country Government is. This Bill started life as a member’s bill but has now been adopted as Government policy. If passed as it stands, criminals detained behind bars can legally do what members of the Returned Services Association lawfully gathered in their clubrooms, cannot. Namely, have a smoke! This includes members who have literally fought for our freedom. It includes people who were literally prepared to die for the good of our society and to preserve individual rights. Should criminals have more rights than them? Should criminals have more rights than law-abiding citizens? The Government obviously believes they should. This is yet another example of the Government imposing its “politically correct” will. I have submitted an amendment to the Bill stipulating it should go to a binding public referendum before it is enacted. If we are prepared to have laws that will turn people who smoke into second class citizens then the public should make the final decision. Parliament must treat New Zealanders as responsible adults. This Bill represents an opportunity to ask New Zealanders how far they want the Government to proceed in legislation. Parliament can then legislate with a free, clear conscience, not simply barge ahead because some MPs have a ‘bee in their bonnet’ and think they know best. The Government is showing an increasing willingness to pre-empt, sidestep, and frankly blatantly rewrite legislation in order to thwart the intentions of existing laws. Take the seabed and foreshore issue. A claim application was no sooner signalled than the Government threatened to change existing laws, a course which would nullify any claims. Such was the outcry that the plan was rapidly reworked but now there is confusion and even more dissatisfaction. The Government has moved from ‘Crown ownership’, a term everybody understands, to ‘public domain’, a vague description which has the potential to provide lawyers with high income yields for years! New Zealanders generally are hardworking people who appreciate straight talking and fairness. Parliament should, indeed must, reflect these qualities. As MPs we have no mandate to impose our will. Indeed, our first obligation is to represent people, to listen to their case, their cause and sometimes advocate on their behalf, even though we might personally disagree with what they stand for. We must ensure everybody has a voice. Even the smallest minority group of people is entitled to be heard and heard formally. That is democracy and right now in New Zealand it is being eroded. Can we fix it? Yes We Can - but we must also listen. Peter Brown MP
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