Intelligence and Security Bill

With each of these parts, I will make some preliminary comments, and I will keep it short on Part 1 because it deals only with the preliminary provisions. There are some changes that are made in Part 1, and they relate to the interpretation and definition clauses. The most significant is that of the definition of national security. What appeared in clause 5 was the definition proposed by the independent reviewers, and as I said when I was speaking in the first reading of the bill, I would put that to the select committee and also an alternative proposal.

The definition as proposed by the independent reviewers was removed, on the recommendation of the Foreign Affairs, Defence and Trade Committee. We will come to it in due course, but it is replaced with a two-part test in clause 55A. That test requires the Minister and a Commissioner of Intelligence Warrants to be satisfied that the issue of a type 1 intelligence warrant will enable the carrying out of an activity that is necessary to contribute to the protection of national security and identifies and enables the assessment of, or protects against, one of the specified harms. There are a couple of other changes, but I think that really is the one that I need to bring to the attention of the Committee.

The Green Party has submitted Supplementary Order Paper 268, and the first of its proposed amendments pertains to clause 3. In clause 3(d) we would suggest that we insert after the word “safeguards” the phrase “in a manner consistent with the primary purpose stated in paragraph (a)”. The proposal reflects our belief that the democratic rights and freedoms of New Zealand society should be considered paramount, above national security agencies, which function to protect an open society, but they are not an inherent right for the Government to exercise in and of itself. So that is our first proposed amendment.

The question was put that the amendments set out on Supplementary Order Paper 264 in the name of the Rt Hon Bill English to Part 1 be agreed to.

Amendments agreed to.

The question was put that the amendment set out on Supplementary Order Paper 268 in the name of Dr Kennedy Graham to clause 3 be agreed to.