Children’s Commissioner Bill

The schedules of a bill are really the nuts and bolts. Basically, it is where the explanations to many of the points made in the body of the bill are found, and it sets out the other Acts of Parliament that are affected by the bill. In this case, the schedules go into some detail about the actual funding of the Office of the Children’s Commissioner, and so on. We are coming to the end of the Committee stage, and I would again ask the Minister to take a call, before the bill passes into law, to reassure us that this is not a bill to turn the Office of the Children’s Commissioner into a political puppet for the Labour Party. The Minister did rise to his feet, and I was very hopeful that he would address the issue he had been asked to address.

The point is that the Committee stage of this bill is the only opportunity for Parliament, for Opposition parties, to question the Minister on his Supplementary Order Paper 116. We all know that this Labour Government is an expert at bringing in Supplementary Order Papers to amend bills, often introducing totally new provisions that have far-reaching consequences. This Supplementary Order Paper is only five pages long, so it is not big. But if it turns an office from being relatively independent into one that is controlled by the Government, then that is the most significant change any Minister could bring in.

The public of New Zealand deserve an explanation, because once the legislation passes into law the opportunity is lost and we cannot then relitigate the issues. The Minister needs to take a call to explain to us whether he is now turning the Office of the Children’s Commissioner into a political arm of the Labour Party, because that is exactly what it looks like. The funniest thing is that John Wright—an Alliance member of Parliament at the time—when he introduced this bill into Parliament in the years between 1996 and 1999, wanted to make the then Office of the Commissioner for Children an independent body of Parliament. He wanted to make the office like that of the Commissioner for the Environment. At the time the advice was given that, no, the Office of the Commissioner for Children could still retain a great deal of independence if it were beefed up from the way it was already set up under the Children, Young Persons, and Their Families Act, under the auspices of the Ministry of Social Development.

This Supplementary Order Paper changes everything. Now, in one fell swoop, the Minister is turning this independent office into an office that has to put every piece of work it does before the Minister for his approval or change. The Minister is now able to vet every bit of work from the Children’s Commissioner. I can tell members that all the people who made submissions on this bill would have been absolutely horrified had they thought the tentacles of the political parties were wrapping themselves around that office. The Labour Party is already known for its moves in that direction. It is trying to control everything by putting mates and friends in all positions of power so that it has widespread powers.

I want the Minister to take a call about the words on Supplementary Order Paper that state, in new clauses 30A and 30B, that the commissioner must supply to the Minister any information that the Minister requests and that the Minister may review the operation and performance of the commissioner at all times. I want him to set our minds at rest and say that in fact those words do not mean what we think they do—that he is now taking over the independence of the Office of the Children’s Commissioner.

I would just like to finish this call by reminding members of Parliament that this office was set up to advocate for children. It was set up to try to strengthen the Department of Child, Youth and Family Services. To be perfectly honest I think the previous Government did do that. This Government, unfortunately, has not helped at all.

The question was put that the following amendments in the name of the Hon Steve Maharey to the amendments to the schedules set out on Supplementary Order Paper 166, in his name, be agreed to:

to omit the amendment set out on Supplementary Order Paper No 116 under the heading Schedule 3: Higher Salaries Commission Act 1977, and substitute the words “To omit this item”; and

to add to Supplementary Order Paper No 116 the following items:

Schedule 3: Remuneration Authority Act 1977

To insert, after the item relating to the Public Finance Act 1989, the following item:

Remuneration Authority Act 1977 (1977 No 110)

Insert in the Fourth Schedule, after the item relating to the Chairman of the Broadcasting Corporation of New Zealand:

“The Children’s Commissioner.”

Schedule 3: Children, Young Persons and Their Families Rules 1989

To omit the item relating to these rules, and substitute the following item:

Family Courts Rules 2002 (SR 2002/261)

Omit from rule 427(3)(f) the words “Commissioner for Children in both places where they appear, and substitute in each case the words “Children’s Commissioner”.