Law to be changed so Duynhoven can stay

By HELEN TUNNAH deputy political editor

Harry Duynhoven is to remain New Plymouth's local MP even though he effectively surrendered the seat by claiming his Dutch nationality.

The Government will today try to pass a special law protecting the Labour MP, who broke the Electoral Act when he applied this year to have his Dutch heritage recognised.

Labour was last night accused by other political parties of cynically manipulating Parliament, by introducing a one-off, retrospective law, protecting one of their own MPs.

Both National and Act said Mr Duynhoven should face a byelection after Parliament's Privileges Committee ruled he "vacated" his seat when he took up dual nationality after being elected.

New Zealand First leader Winston Peters accused Labour of rushing in a law change not just to help out Mr Duynhoven, but possibly other MPs who might also have broken the rules around dual nationality but who were keeping quiet.

"Who is it they're trying to protect?" Mr Peters asked.

His views were echoed by United Future leader Peter Dunne, who said there had been accusations that other MPs were affected.

"We do not know who they are.

"There may well be other people who have sat quiet and tight throughout this debate and be quite happy to let Mr Duynhoven be the fall guy."

Under the proposed law change, some provisions of the Electoral Act affecting dual nationality will be suspended from last year's election until the next one, due in 2005.

If the law is passed, which it is expected to be as Labour has the support of the Progressive Coalition and the Green Party, it will also overtake the findings of the Privileges Committee, one of Parliament's most significant committees comprising MPs from all parties.

Its report, released yesterday, said Mr Duynhoven had breached the Electoral Act although the three Labour MPs on the committee disagreed.

However the committee was split on how to sort out Mr Duynhoven's situation, and whether a special law should be passed to help him out.

Mr Duynhoven effectively left his seat in June, when he completed documents allowing him to apply for Dutch nationality.

Born in New Zealand, he was entitled to the Netherlands' nationality through his Dutch-born father. However Mr Duynhoven had never known that, until being told so earlier this year by Dutch Embassy officials in New Zealand.

Although MPs can be elected holding dual nationalities, they are not allowed to swear allegiance to any other foreign power after they have been elected.

Mr Duynhoven, an associate minister outside the Cabinet, was stripped of his responsibilities when Prime Minister Helen Clark became aware of the problem.

Yesterday he remained in his parliamentary office and said he had not decided if he would vote on the law change.

However he defended his own Government's moving to protect him, saying a byelection would be too expensive.

"To keep my Dutch heritage I had to prove that I had been born Dutch, that's what I've done.

"I have never applied for and nor do I have a Dutch passport. All I wanted to establish for my kids was that they have a Dutch birthright."