OIA A Better Way Says Public Law Committee

The question of whether MPs’ expenses and other activities should come under the Official Information Act (OIA) should be reviewed, says a committee of Wellington public law specialists.

The Public Law Committee says that there are good arguments for applying the OIA to information relating not only to the expenditure of public money by or on behalf of MPs but also to MPs’ activities more broadly and to information Parliament holds, says Committee spokesman Nick Crang.

“Much public attention focused on New Zealand MPs’ travel, accommodation and other expenses, following the Speaker’s voluntary disclosure of this information in 2009 and again in 2010. Also important recently have been developments in the United Kingdom in what became the run-up prior to their general election” Mr Crang says.

“The Public Law Committee welcomes the voluntary disclosure of MPs’ travel expenses. It considers that there is real value in this information being available to the public. However, the Committee believes it would be better if this information is available under the OIA and its release subject to the independent scrutiny that Act provides.”

The Committee said the only legislative mechanisms under which Parliament has to “open the doors” is:
• Information provided under the Public Finance Act 1989;
• Information that becomes available through Auditor-General inquiry reports.
Otherwise, Parliament itself makes the rules about what information it releases.

“Making information more freely available and making the information release process more transparent would benefit not only the public, but also MPs themselves. It would assist the public to better understand the context in which MPs operate. This could help tp create a more open discussion about the value we see in our MPs and in the Parliamentary process. It would also reassure us about the propriety of Parliament and the law-making process.”

The Committee says one of the reasons for bringing in the OIA would be the desire to make Parliament's actions more transparent, with independent oversight by the Ombudsmen.

“The OIA aims to make official information available to the public. This, in turn, enables New Zealanders to participate more effectively in the making and administration of this country’s laws and policies. The OIA also makes Ministers and officials more accountable. Both purposes aim to enhance respect for the law and to promote good government in New Zealand. The Committee believes that consideration should be given to applying the OIA to Parliament, for similar reasons”.

The Public Law Committee is a committee of the New Zealand Law Society’s Wellington Branch. It has been operating for 11 years. The committee comprises Wellington public law specialists who independently prepare papers and run seminars on a range of public law issues. The OIA paper - and papers on other issues - are available on the NZLS (Wellington Branch) website at www.lawsociety.org.nz .or email wellington@lawsociety.org.nz

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