Gaurav Sharma's expulsion from Labour opens opportunity to speak even more freely

Gaurav Sharma began life as an independent MP yesterday, shuffling into a seat on the Opposition's side of the debating chamber, behind Act and Green MPs.

He spent Question Time alone, behind Act MPs, at the very back of the debating chamber. Sharma has always been a backbencher, but it is difficult to find more of a backbench than the one on which he now sits; his back nudging the wall of the debating chamber, he is surrounded on all sides bar one by empty seats.

Sharma was expelled from Labour's caucus yesterday after an astonishing fortnight in which he accused fellow MPs of bullying and the Prime Minister's Office of avoiding official information laws.

Both allegations were strongly denied. Sharma has himself been accused by staff of bullying behaviour. The impasse with Labour began after he was temporarily barred from hiring new staff.

Sharma made the accusations across nearly a fortnight of wall-to-wall media appearances in print, radio and TV, as well as Facebook posts that ran into thousands of words.

Labour might have hoped the saga would end there, but Sharma now has the opportunity to make further allegations against his party, protected by parliamentary privilege.

MPs are not liable for what they say in the debating chamber. MPs can use privilege to defame other people without fear of legal action being taken against them.

The place where this would happen is in General Debate, a weekly session in which MPs are allowed to speak on any topic that moves them. Speaking slots are allocated based on the size of a party's representation in the House. As a caucus of one, Sharma would wait a long time before being given a general debate slot.

That is unless he is given a slot by one of the larger parties like National and Act, who each get far more slots to speak.

It is understood National has at least contemplated offering Sharma a speaking slot in General Debate this week, allowing him to attack his former colleagues.

However, the wider National caucus may choose to pass on giving Sharma the opportunity to speak, fearing it would set a precedent.

On Thursday night Sharma was seen at the private bar of Wellington's Sofitel Hotel with National MPs Scott Simpson and David Bennett.

One person said he has frequently been seen with National MPs at the Sofitel.

Sharma told the Herald:

"I get free food at Sofitel as part of my stay so I am here often during dinner break. My family is staying here so came with my dad for dinner. Most MPs who stay here also eat here. Green MP here too and has been talking to me," he said.

Act leader David Seymour is open to the idea of giving Sharma one of his party's speaking slots.

"We'd certainly consider it if he approached us. We would consider it on the basis of what he wanted to say. We think he may have useful insights into how this Government has suppressed the free flow of information," Seymour said.

Sharma said he had yet to be offered a slot but he would "consider" it.

"Given my limited speaking slots I would consider taking speaking slots if anyone offered," Sharma said.

He said this was not a "generic" offer to speak but would be "based on issue[s]".

Any chance to give Sharma a slot to speak in General Debate this week appears to have been scuppered by the resignation of Speaker Trevor Mallard.

Mallard formally resigned yesterday. He will become a backbench MP before taking up an appointment as New Zealand's Ambassador to Ireland in January next year.

Mallard's resignation will take effect today and will be followed by current Deputy Speaker Adrian Rurawhe being elected Speaker.

Standing Orders - Parliament's rules - state the House adjourns after the election of a new Speaker.

Gaurav Sharma was expelled from Labour's caucus on Tuesday. Photo / Mark Mitchell

That means Question Time today and General Debate will be cancelled.

National's shadow leader of the House Chris Bishop yesterday tried to get agreement on rescheduling General Debate to last night and adding an extra Question Time to tomorrow to compensate for today.

Bishop sought leave "in light of other events … for the House to hold a General Debate after the dinner break" last night, which would follow the format of the usual Wednesday debate.

There was objection to this motion, meaning it was not successful.

Bishop then sought leave for the House to hold a second Question Time tomorrow, again "in light of other events this week".

The Sharma fiasco now shifts to the wider Labour Party. Sharma has been expelled from caucus but he is still a member of the wider Labour Party.

Caucus has referred his case to the Labour Party's governing council, which will now consider whether to expel him from the party.

Labour president Claire Szabo said the council would now meet to decide whether or not to investigate the complaint from caucus.

"If an investigation is agreed, Labour's process provides anyone responding to a complaint a full opportunity to provide their perspective on the complaint. It also provides respondents the option to provide feedback on our panel's draft report and findings, and a further opportunity to put their case to New Zealand Council if they face potential disciplinary action," Szabo said.

The move also opens the way for Labour to try to remove Sharma from Parliament altogether by using the Electoral (Integrity) Amendment Act law changes – aka the waka-jumping law.

Ardern has said that has not yet been ruled out completely, but she is reluctant to force a byelection. Ardern's stated reason for avoiding a byelection is cost, but she is probably also afraid of losing. Hamilton West is a true swing electorate, toing and froing between Labour and National as their electoral fortunes wax and wane.

With both parties essentially tied at a national level, there's a good chance Ardern would lose the vote. Byelections often go against the government as local voters tend to seize the opportunity to give the government a bloody nose without turfing it out altogether.

Even if it lost, Labour would still have 64 MPs, an outright majority and larger than any caucus since 1990, however it would be dealt a symbolic loss- something it would want to avoid heading into the general election, which will probably be held in about a year.

The waka-jumping law passed in 2018 and was one of NZ First's requests in its coalition with Labour.

It effectively kicks an MP out if the leader of the party they were in tells the Speaker they believe the MP's actions have distorted the proportionality of the party's representation in Parliament. That could be hard if Sharma advises he will cast his vote in the same way as Labour.