Parties warn Govt on using law to keep MP

By KEVIN TAYLOR Political reporter

National and Act have come out swinging against any Government move to pass a special law validating Labour MP Harry Duynhoven's position in Parliament.

The New Plymouth MP last month became the first New Zealander to have his Dutch citizenship reinstated as a result of a Dutch law change reversing a 1985 act which stripped many foreign-born Dutch of citizenship.

But the move appears to have breached the Electoral Act and Parliament's privileges committee is due to meet tonight to consider whether a vacancy - which could lead to a byelection - has occurred.

An Associate Minister of Transport and Energy outside Cabinet, Mr Duynhoven was temporarily stripped of his ministerial powers last week by Prime Minister Helen Clark for fear his decisions could be challenged in court.

National and Act yesterday tried to dispel claims Mr Duynhoven was caught out by an ancient and archaic law.

Although it dates from 1852, the sub-clause in section 55 of the act dealing with the way in which seats become vacant has been renewed at least eight times since.

Mr English said yesterday that the act was amended last year by Parliament.

"So this provision is not one that hasn't been thought of for decades.

"Last year section 55 was considered in detail by the select committee. Parts of it were repealed and Parliament takes this qualification seriously, otherwise it would have voted it out last year when it had the opportunity."

He said it was outrageous that the Government would retrospectively legislate to ensure Mr Duynhoven kept his job.

The Government's reasons seemed to boil down to Mr Duynhoven being a Labour MP, he said.

The separation of Parliament and the Executive was critical to the parliamentary system's fair operation, he said.

"It's unprincipled, unprecedented and unconstitutional for the Government to come to Parliament and use its majority to decide who can sit in the Parliament. That is an affront to every principle of parliamentary sovereignty," Mr English said.

"The arguments for this action are convenient but they entirely lack principle. The most persuasive seems to be that this is a Labour MP. The second argument seems to be he's a good guy."

Mr English said he was surprised the Green Party and NZ First would support such an "Executive outrage".

"I am asking Rod Donald and Winston Peters, who have been consistent defenders of parliamentary sovereignty, to stick up for Parliament and not let the Executive determine who's allowed to sit there."

Act leader Richard Prebble said the controversy put into doubt Mr Duynhoven's decisions he made in his ministerial portfolios.

"I suspect that's why they are thinking of retrospective legislation. In order to be a minister, you must be an MP."

Mr Prebble said he opposed a law change and said the country might be in for an expensive byelection.

"While I have some sympathy for Mr Duynhoven, it's clear he didn't give the matter any thought. That's not a reason to rewrite the law for him."

Mr Duynhoven said last night that he was unaware of signing a permit or mining right or a similar document since reclaiming his Dutch citizenship.

"There is nothing that should be affected that I am aware of," he said.

Mr Duynhoven has one of the biggest majorities in Parliament, with a 14,930 vote margin, making it probable he would win if a byelection occurs.

A United Future spokesman said the legislation issue would be discussed at caucus today.