Speaker’s Rulings — Committee of the Whole House—Correction to Report on New Zealand Public Health and Disability Amendment Bill

Honourable members, yesterday following the Committee of the whole House on the New Zealand Public Health and Disability Amendment Bill, confusion arose as to the form of the bill set down for third reading. An amendment to Part 1 was agreed by the Committee, but Part 1 was agreed to without amendment and the bill reported to the House without amendment. Standing Order 295(1) sets out the form of the question to be proposed on a provision of a bill. The question proposed is that the provision stand part of the bill, or stand part of the bill as amended. An amendment to Part 1 having been agreed to, a procedural error occurred and the incorrect question was proposed: “That Part 1 stand part”, and agreed by the Committee. Such a procedural error cannot negate an amendment agreed. Only a recommittal to consider the amendment could achieve that now, and that is a matter for the Minister in charge of the bill. However, the Committee’s decision on Part 1 did leave doubt about whether the amendment to Part 1 agreed unanimously by the Committee had been properly incorporated in the bill.

The Speaker cannot overturn decisions of the Committee. But the bill having been set down for third reading, the Speaker must ensure it is in a form agreed by the Committee. Despite its report to the House, the Committee agreed an amendment to the bill. The bill on the Order Paper has been reprinted to show that amendment.

The Speaker is also concerned with the accuracy of the House’s records. A procedural error in proposing the question on Part 1 led to an error in the Committee’s report to the House. While the Committee’s decision on Part 1 was procedurally incorrect, it will stand. However, the record will be corrected to show that the report from the Committee of the whole House on the New Zealand Public Health and Disability Amendment Bill adopted unanimously by the House was with amendment.