What Chris Hipkins said on Te Pati Māori suspensions

I move, That all the words after the first instance of “That” be replaced with “Hana-Rawhiti Maipi-Clarke, Debbie Ngarewa-Packer, and Rawiri Waititi be censured by the House for acting in a manner that could have the effect of intimidating a member of the House in the discharge of their duty, and that Debbie Ngarewa-Packer and Rawiri Waititi be suspended from the service of the House for 24 hours, to take effect on the first sitting day following the conclusion of the Budget debate, and that Hana-Rawhiti Maipi-Clarke face no further sanction, having already served a period of suspension.“

This is a serious matter. Deliberately disrupting the business of the House is serious, interrupting a vote of Parliament is serious, and I would say to the Māori Party that when you interrupt a vote of the House, you’re not just interrupting the votes of those who are voting in favour; you’re interrupting the votes of those who are voting against something as well. All members of the House deserve to have their votes recorded, and when members deliberately disrupt the House, there should be some sanction for doing so.

It is never OK to intimidate another member of the House. But the sanction being proposed by the Privileges Committee is totally out of line with existing parliamentary practice and is disproportionate to the allegations that have been posed.

Let’s be clear about what the Māori Party are not being sanctioned for. They are not being sanctioned for doing a haka, because haka have been performed in this House and that is acceptable. They are also not being sanctioned for refusing to appear before the Privileges Committee, because that is completely legitimate, as well. No one is obliged to appear before the Privileges Committee and the Māori Party chose not to, and that is their right and they should not be sanctioned for that.

They are being sanctioned because they broke the rules of the House, they behaved in a disorderly manner, and they interrupted a vote of the Parliament, and there should be a sanction for that. But we have never seen a sanction of this nature in New Zealand’s history before.

We’ve had members undertaking fist fights in the lobbies, and they were not suspended at all; we’ve had members driving tractors and Land Rovers up the front steps of Parliament, and they were not sanctioned; we have had a recent case where a member left their chair, walked to the other side of the House, and stood over a member and thumped the table, and they were not sanctioned by the House; we’ve had a recent instance in this term of Parliament where a member was prevented from leaving a select committee because another member was standing over him, and they were not sanctioned by this House, and yet we seem to have gone from a situation where members were not sanctioned to one where a 21-day sanction—the harshest by a factor of seven—is being applied to these members. It is disproportionate. A sanction is appropriate; this level of sanction simply is not.

I draw on the advice that was provided by the Clerk of the House to the committee. The Clerk’s job is to provide advice to the Parliament on its proceedings in a way that is not political but that upholds the traditions and the conventions of this House, and the Clerk made the advice clear that suspension of members is a rare occurrence and that a long period of suspension would represent a substantial change in the House’s practice. Let’s be clear: the recommendation of the Privileges Committee is exactly that. The Clerk further advised that the committee ought to recommend a long suspension only with the broad support of members, not simply a bare majority. That has not happened in this case. The Clerk also advised that the committee should clearly set out its rationale in arriving at the particular penalty so that a consistent approach could be followed in the future. I’ve read the report several times. There is no rationale. There is no criteria that could be followed in the future. This is an arbitrary number plucked out of thin air. How can that possibly stand in this Parliament?

Why do we choose a 24-hour suspension? It’s quite simple, Mr Speaker: because it’s already in the Standing Orders. Had you, as Speaker, named those members at the time, given this is the first instance in which they had been named, they would have been suspended for 24 hours, as one of the members was. If they did it again, they’d be suspended for seven days, and if they did it again, they’d be suspended for 28 days. Those are the existing rules of the House.

The Privileges Committee is departing from the well-established practice of this House in its recommendations, and the sanction they are proposing is totally disproportionate. It is wrong and against the traditions of our democracy for a Government to use its majority in Parliament to suspend and remove from the service of the people of New Zealand its political opponents. The reason the Clerk advised that the committee should seek near unanimity on this matter is because of exactly that. Other parliaments around the world have seen members of the Opposition suspended by the Government, and we in many cases have criticised them for doing that. What moral authority will we have to do that again in the future if this House engages in exactly the practice we criticise other countries for doing?

I am not defending the Māori Party, and I’m not saying that their actions should be without sanction—they should be. They motion that we have put forward would see them sanctioned in line with the previous practice of this House, and that would be appropriate. Departing from that and imposing the harshest sanction the New Zealand Parliament ever would have imposed would be wrong.

I was absolutely shocked to learn that a member of the Privileges Committee asked about the committee’s supposed power to imprison a member of the House. That happens in tinpot dictatorships and banana republics. No member of this House should be inquiring about whether they can imprison a member of their Opposition. It is undemocratic and it is wrong, and the fact that the question was even asked is a stain on this House.

Respect for democracy means respecting the rights of all members of Parliament, who are elected by their people, to represent them in this House. Taking away that right should be only after a very, very high threshold has been met, but the Government haven’t even articulated what that threshold should be.

If they are going to impose the harshest sentence ever recommended by the Privileges Committee, they should be very clear on what the criteria were that they weighed that against, and they have not done that. They should be very clear on what the future criteria for this nature of sentence—if you like—should be, and they have not done that, either. They are accusing one party of breaking the rules of Parliament—which I happen to agree they did—whilst also not following the rules themselves. Any moral authority they want to claim here has been severely diminished by the fact that they themselves are not following the existing rules of the House. The sanctions that this House imposes are set in the Standing Orders—24 hours, seven days, 28 days; in that order—and the Privileges Committee have not followed that.

But the last point I want to make is perhaps the most important of all. Looking around the world—and I say this to all members on all sides of the House—democracy is quite literally hanging by a thread. Days like today hold a razor blade up to that thread. When people around the country look at this House and say, “Why should I have any faith in the institutions of democracy?”, this is a very good example of why. Parliament is spending more time talking about itself than talking about the issues that matter to them.

And before the Government members go “The Opposition have a choice.”, the Government scheduled this debate for today. They had that choice. The Government recommended a penalty that is harsher than any the Parliament has ever imposed before, and that was their choice. The Government chose to impose that penalty by majority rather than seeking consensus, as the Privileges Committee has almost always done in the past, and that was their choice. They have brought this before the House today and they have made that choice, and it should be subject to scrutiny.

What they’re doing today is wrong. Imposing a penalty that removes three members of the House during Budget week—preventing them participating in one of the two occasions the Opposition has in a year to vote no confidence in the Government—is simply wrong. This is not a tinpot dictatorship or a banana republic. We should stand up for the values of democracy, even when they are inconvenient and even when people are saying things that we disagree with. That is not what the Government are doing today.

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