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Home / Politics

Mai Chen: More time for people to have a say

By Mai Chen
NZ Herald·
5 Oct, 2011 04:30 PM4 mins to read

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Our 49th Parliament enacted significantly more legislation under urgency than usual. Photo / Getty Images

Our 49th Parliament enacted significantly more legislation under urgency than usual. Photo / Getty Images

Opinion

New standing orders will allow the House to sit longer to consider legislation

Amid the Rugby World Cup drama of Dan Carter's injury and more fan zones, you may have missed that Parliament rises for the general election today (and formally dissolves a couple of weeks later on October 20). So if any laws are urgently needed before the new Parliament is established after the elections, you are out of luck.

The lawmaking tool is out of commission in the public law toolbox, probably until December at the earliest. Even if the election goes smoothly and the victor is known soon after, Parliament is likely to only sit again for a short stint at the beginning of December before rising for Christmas.

That's why Parliament is in urgency today and that's why there has been a mad scramble to get bills passed.

Any bill not passed or parliamentary business not completed lapses and needs to be reinstated after the election under section 20 of the Constitution Act.

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Bills yet to be passed include the Alcohol Reform Bill, replacing the Sale of Liquor Act 1989 with a new regime controlling the sale of alcohol, and awaiting its committee stage.

The Consumer Law Reform Bill, making a raft of changes to consumer protection legislation such as the Consumer Guarantees Act 1993, is awaiting its first reading.

The Insolvency Practitioners Bill, introducing a regulatory regime for insolvency practitioners, awaits a second reading, as does the Food Bill, introducing a new regulatory regime for manufacturers and suppliers of food.

The Crown Entities Reform Bill, which includes disestablishing the Charities Commission, will also lapse.

Usually all legislation is reinstated, but sometimes the Government takes the opportunity to tidy up the order paper by dropping bills it doesn't intend to pass. So the reinstatement motion in the new Parliament is always interesting reading.

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As with other parliamentary business like select committee inquiries, a new select committee has to vote in favour of reinstating the business in question.

So we are ending the 49th Parliament today, but we are likely to be welcoming the 50th Parliament in a couple of months.

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Looking back, the 49th Parliament, like others in the first-term of a government, enacted a lot of legislation. Some of that legislation was enacted under urgency - significantly more than has been used by other recent governments.

Second-term Parliaments tend to enact less new legislation but the Government has already made commitments that if re-elected it will pass legislation to part-privatise State-owned enterprises, labour law reform, and updating the Misuse of Drugs Act.

Combined with the legislation the Government has yet to pass, MPs will have plenty to do when Parliament starts again.

But one thing we will see less of next term is urgency.

This week Parliament adopted amendments to its standing orders - the rules of procedure which govern how Parliament carries out its business.

One of these changes will allow the House to sit for longer without taking urgency, so it can consider more bills at a time, but will not enact them as quickly.

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Another change will encourage select committees to be given at least four months to consider bills.

Changes to Parliament's committee stage will ensure there is more time to consider amendments proposed by MPs.

Ministers seeking urgency will be required to inform the House with some particularity of the circumstances that warrant the claim for urgency.

Finally, members' bills will be published online before they are introduced so that people can see what bills are in the ballot to get a first reading.

The new standing orders aim to balance the efficient management of parliamentary time and the need for bills to be enacted in a reasonable time against the importance of measured consideration of legislation.

The goal is that Parliament will be able to steadily progress bills, without having to resort to urgency.

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Hopefully, the new standing orders will work as intended, and we will see Parliament taking more time to consider legislation and more time for citizens to have a say.

* Mai Chen is a partner in Chen Palmer, Public and Employment Law Specialists and author of a forthcoming publication, Public Law Toolbox.

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