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Wednesday, 15 May 2013

Speaker’s Rulings — Questions for Written Answer—Ministerial Responsibility for Operational Matters

HansardID: a01715af-b1ea-4069-a94b-a5785fbb0664
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🗣️ Speech David Carter (New Zealand National Party — List Member)
Time unknown

In recent weeks members have raised points of order about Ministers’ replies to questions for written answer. Written questions are primarily a matter between a member and a Minister. Where members are concerned about a reply, they should raise the matter with the Minister in the first instance. However, members have expressed a general concern about the number of replies that simply state that the matter is an operational one. Although a reply that something is an operational matter is strictly not out of order, I agree that on its own it is neither informative nor helpful. In practice, a wider view is taken of ministerial responsibility. There is no convention that Ministers are not answerable to the House for operational matters in the departments or agencies falling within their portfolio areas. Even though a Minister may not have legal control, the Minister assumes the political responsibility to the House to answer such questions. Legal responsibility and political responsibility are different things.

Ministers, in replying, may make it clear that they are transmitting information from the entity concerned in response to the question and do not have any legal or operational responsibility for the matter themselves, but it is my expectation that an informative reply is given if it can be given consistently with the public interest. If a Minister considers that a particular question does not disclose any ministerial responsibility, it is incumbent on the Minister to challenge the question’s validity rather than give an unhelpful reply.

🗣️ Speech Sir Rt Hon Trevor Mallard (New Zealand Labour Party — Member for Hutt South)
Time unknown

I raise a point of order, Mr Speaker. Can I thank you for that. I think it is an important ruling and consistent with McGee. Can I also now ask you to add three more written questions to your examination list: questions for written answer Nos 5182, 5183, and 5184—three separate questions to the Minister of Justice that have been answered in a way that, in my opinion, trifles with the House. I ask you to come back either to me or to the House as to whether you consider the questions asked were addressed.

🗣️ Speech David Carter (New Zealand National Party — List Member)
Time unknown

I will look into that matter for the member.

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