Maxim Institute - real issues - No 198
30 March 2006
www.maxim.org.nz
DISCUSSION IS THE FOOD OF CHIEFS
WHERE CLARK AND BLAIR DISAGREE
THE "ABOLITION OF PARLIAMENT" BILL
IN THE NEWS: PRIVACY CONCERNS ON THE RISE
IN THE NEWS: FRIDAY AFTERNOON GOLF OR WORK - YOU CHOOSE!
DISCUSSION IS THE FOOD OF CHIEFS
Sometimes it seems that Parliament is little more than a talking shop for the production of hot air. While our House of
Representatives is supposed to be the great forum of the nation and the place in which the direction of our country is
determined, many note that our politicians seem to spend more time scoring points off each other, blustering on points
of order and accusing the other side of being the problem than they do finding constructive solutions and ways forward
for our country.
This perception might be a little unfair. The vast majority of MPs work hard and are genuinely willing to listen.
Disillusion with the politicians running things is often widespread, which is why it was so refreshing to Maori Party
co-leader Tariana Turia, address the ACT Party conference earlier this week.
Mrs Turia pulled no punches when stating that the Maori Party's agenda is to advocate for Maori people, thereby
revealing a key point of difference with ACT. Her presence at the conference demonstrated something which is crucial -
that differences of opinion can be constructive and people can, and indeed should, put their differences aside and
properly engage with others. This is especially important in Parliament. Examples have abounded in recent months of
widely differing political groupings working together on issues of common concern, such as electoral reform, welfare and
education.
While there was undoubtedly political self-interest involved, there is something profoundly encouraging about watching a
former Motua Gardens protester share a platform with an ex-Treasury Secretary. As Mrs Turia points out, dialogue with
others might not change our view, but at least we will have heard a different voice, one which may cause us to question
our own viewpoint and might even highlight blindspots in our thinking. As she also said, "Ko te kai a te Rangatira he
korero", Discussion is the food of Chiefs.
WHERE CLARK AND BLAIR DISAGREE
Tony Blair's visit to New Zealand was always going to make headlines. Despite murmurings about the war in Iraq, the
visit has seen much consensus between Helen Clark and Tony Blair. Though they may agree on many things, Tony Blair is
trying to move England's education system in a completely different direction to that of Helen Clark's government.
The New Zealand Labour Party has consistently opposed policies that would lead to greater parental involvement in
schooling, while in Britain, Tony Blair has taken a very different approach. He has called for an expansion of parental
choice of schools, primarily by advocating for every grant-maintained school to have the opportunity to become an
independent non-fee paying trust school. These schools would be able to expand to meet demand and have more flexibility
over curriculum, ethos and admissions policies.
The original proposals would have substantially curbed the powers that local authorities have to control admissions and
school capacity. But Mr Blair has Parliament, with many of his own Party's MPs refusing to support it. Pressure from
within has resulted in a watered down Bill, such that local authorities would continue to have more of a say over who
gets to go to a particular school than parents. Despite this, 52 Labour MPs have still dissented, meaning Labour has had
to rely on David Cameron's Conservative Party to see the Bill through to the next phase. Interestingly, these British
Labour MPs probably have more in common with their New Zealand counterparts (in terms of education policy), than they do
with their own leader.
Commenting on the relevance of the education reforms here, Education Minister Steve Maharey said New Zealand had no need
for independent trust schools as the history of New Zealand schools was different to England's. He claimed the
Tomorrow's Schools reforms had already introduced community involvement into schooling. His comments mask a split
between how the New Zealand Labour Party and Tony Blair view education policy.
THE "ABOLITION OF PARLIAMENT" BILL
Parliament's position as the supreme law-making body is under threat in the United Kingdom. A Bill that some have dubbed
the "Abolition of Parliament" Bill could give the United Kingdom government an unprecedented ability to make law and
could nullify the doctrine of the separation of powers.
This doctrine traditionally stops the government and the judiciary from encroaching on Parliament's law-making powers.
However, the Legislative and Regulatory Reform Bill would, if passed, fundamentally alter the balance of power between
the Government and Parliament in the United Kingdom. This could have important implications for New Zealand as our
constitutional system is based on the United Kingdom model. Changes in Britain could create an impetus for similar
change here.
This Bill is a Labour Government Bill. It recently passed its second reading in the House of Commons and is now being
considered by a Standing Committee. If passed, it would give Ministers of the Crown the power to amend, repeal or
replace any legislation simply by making an order. Therefore the Bill would give law-making power, usually the
prerogative of Parliament, to the Government. The danger of concentrating power in the hands of the Government is
obvious.
The Bill does contain some restrictions. For example, orders which impose or increase taxes could not be made, Ministers
would have to be satisfied that certain pre-conditions were met and they would have to consult interested parties before
introducing an order. At a minimum, there would need to be no specific Parliamentary disapproval of the order, and, in
some cases, Parliament would have to give specific consent to the order. However, the restrictions would not provide the
same degree of protection as the normal legislative process. Nor would they give Parliament its usual and proper place
in that process. In some cases, there would not even be Parliamentary debate on the proposed order. In addition, the
powers contained in the Bill could be used to extend its own operation, including removal of the restrictions, thus
increasing the power given to Ministers.
Not surprisingly, politicians, leading academics and senior lawyers have all expressed serious concerns about giving
this type of power to Government Ministers. Proponents of the Bill claim that its powers will only be used for
'uncontroversial' matters but these claims are rightly viewed with scepticism.
The Bill has the potential to fundamentally shift the balance of power between the Government and Parliament in favour
of the Government. By enlarging the Government's law-making power and undermining the role of Parliament, the Bill puts
democracy itself at risk. New Zealanders should learn a lesson from this, and be ready to oppose any similar measures if
they surface in this country.
To read the Legislative and Regulatory Reform Bill, visit:
http://www.maxim.org.nz/ri/pdf/Legislative_and_Regulatory_Reform_Bill_(UK).pdf (To view .PDF's download Adobe Reader:
http://www.adobe.com/products/acrobat/readstep2.html)
IN THE NEWS: PRIVACY CONCERNS ON THE RISE
A new UMR Research survey released by the Privacy Commissioner, reports that the public's concern over the environment
has increased more than any other factor measured, followed closely by increased concern over individual privacy and
interestingly, the power of the government.
One issue that rated highly within the individual privacy section was concern over the government intercepting telephone
calls or email. While New Zealanders are becoming less worried about health care, unemployment and crime, the increasing
power of our elected representatives and the government's intrusion in our lives, appears to weigh on our minds.
A full copy of the report can be read on the Privacy Commissioner's website:
http://www.privacy.org.nz/OmniResults-February%202006.pdf
IN THE NEWS: FRIDAY AFTERNOON GOLF OR WORK - YOU CHOOSE!
Maxim Institute are partnering with the Rotary Club of St Johns to organise a Charity Golf Tournament to be held at the
Titirangi Golf Club in Auckland on the afternoon of Friday 7 April. There are still a few places left for individual
players and teams of four and we would like to invite you to join us. Tee-off is at 12.30pm and a prize-giving will take
place in the club rooms following the game. Proceeds from this tournament will go to Cure Kids, Kidney Kids and the
Maxim Institute.
For more details, please call Mary Davidson on 09 627 3261 or email: mary.davidson@maxim.org.nz
TALKING POINT
"No man is good enough to govern another man without that other's consent." Abraham Lincoln (1809 - 1865)
ENDS
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