1 May 2018
A bill imposing significant limits on MPs’ constitutional rights may have a chilling effect on MPs’ freedom of speech
inside and outside Parliament, the New Zealand Law Society says.
In a submission on the Electoral (Integrity) Amendment Bill to Parliament’s Justice Committee yesterday, the Law Society
said more evidence is needed that the limits are demonstrably justified in a free and democratic society.
Law Society spokesperson Jonathan Orpin-Dowell said the Law Society agreed with the Attorney-General that MPs’ freedom
of expression would be significantly impaired by the bill.
“The bill empowers political party leaders to cause MPs to vacate their seats, and amends New Zealand’s constitutional
provisions by changing the circumstances in which MPs can be removed”, Mr Orpin-Dowell said.
“MPs’ rights of free speech – described by the Attorney-General as having ‘special constitutional value’ – and freedom
of association would be significantly limited, and the select committee has not been provided with sufficient evidence
and analysis to justify this.”
The Law Society pointed to some cases since the introduction of MMP that would have triggered the bill’s provisions, and
recommended further analysis of these.
“One rationale for the bill is that it will enhance the maintenance of the proportionality of political party
representation in Parliament. The recent cases should be closely analysed to shed light on the extent to which MPs
leaving their party but remaining in Parliament distorts proportionality,” he said.
If the bill is enacted, it will introduce changes to New Zealand’s constitutional arrangements that should not come into
force until the next parliamentary term, the Law Society says.
“The rule of law requires that constitutional changes are made in a forward-looking way, not retrospectively, and
Parliament applies this principle in relation to its own Standing Orders which are another part of the constitution,” Mr
Orpin-Dowell noted.
If the bill proceeds, the Law Society has also recommended changes to clarify whether MPs have the protection of
recourse to the courts.
The Law Society submission is available at http://www.lawsociety.org.nz/__data/assets/pdf_file/0005/119912/Electoral-Integrity-Amendment-Bill-15-3-18.pdf
The Bill is available here: http://www.legislation.govt.nz/bill/government/2017/0006/latest/DLM7514004.html
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