Louis Collins
MPs returned to Parliament last week
after a two-week recess. Plenty awaited them, including the
first Members’ Day in almost two months.
Members’ Days
give non-ministerial MPs the chance to propose their own
laws.
Four were debated on Wednesday, with three
receiving their first readings. One bill expanded its
support after a makeover in select committee. A second bill
began the same process with hopes of a similar
outcome.
The first bill began as the Life
Jackets for Children and Young Persons Bill but returned to
the House as the Maritime Transport (Lifejackets on
Recreational Craft) Amendment Bill, after public submissions
fundamentally reshaped what the legislation was trying to
achieve.
MPs expanded the bill’s scope, then reopened
submissions for feedback on their wider
vision.
National’s Shane Reti, whose bill it is, said,
“Two-thirds of submitters requested the scope of the bill be
changed from under 15-year-olds to all ages on the basis
that the average age of death in recreational boating
incidents is actually more towards the age of 50 than
15.”
Labour MP Tangi Utikere, who is a member of the
transport and infrastructure committee, said that
willingness to reopen consultation was a strength of the
bill’s process.
“The committee sought the permission
of the business committee to expand the scope. That was
granted, and so the committee went out for round
two.”
MPs praised each other for changing course
because the evidence pointed in a different direction. Among
them was ACT’s Simon Court, whose party had opposed the
original bill but changed its mind after submissions and
amendments.
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“In fact it was adults … going out in
small craft with the hero cap on, feeling invincible, or
simply not being prepared for when the conditions
changed.”
Members’ bills can produce unusual
alliances. Shane Reti’s lifejacket bill had early support
from every party except National’s coalition partner ACT.
The Criminal Records (Clean Slate) (Additional Eligibility)
Amendment Bill, from Labour MP Tangi Utikere, had support
from every party except National.
“This bill is
founded on a simple principle,” Utikere said. “People who
have genuinely turned their lives around should have the
opportunity to move forward with their lives.
“New
Zealanders believe in accountability. We expect people who
offend to face the consequences of their actions, but I also
believe New Zealanders believe in rehabilitation, redemption
and second chances.”
The bill would extend Clean Slate
eligibility to those who had served short custodial
sentences (under a year) or had lost driving licences but
who had since spent at least 10 years without committing an
offence.
National MPs said they agreed with the
principle of rehabilitation but questioned whether the law
should be extended.
“People fundamentally deserve a
second chance,” National MP Tim Costley said. “I guess that
the question … is what does that look like, and where do
we draw the line?”
Costley argued Parliament needed to
balance rehabilitation with consequences and deterrence
before confirming National would oppose the
bill.
While National remained opposed, support from
ACT and New Zealand First allowed the bill to pass its first
reading.
Utikere argued that select committee was
where questions about a bill’s parameters could be worked
through.
“We could look at where the line is drawn,
what offences should be in, what offences should be
out.”
Whether National changes its position in
committee when it returns for a second-reading debate
remains to be seen.
The week showed how public
submissions, expert advice and cross-party cooperation in
committee can reshape legislation into something
substantially different from what was first
introduced.
A second bill begins the same journey,
with supporters hoping scrutiny and public consultation
might hone better law and, as a bonus, pick up unanimous
support along the way.
The justice committee is
receiving submissions on the Criminal Records (Clean Slate)
(Additional Eligibility) Amendment Bill until 3 September.
Information on making a submission is available on
Parliament’s website.
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