Speaker’s Rulings — Written Questions—Adequacy of Replies

Honourable members, on Wednesday last week Chris Hipkins asked that I consider the adequacy of some replies to written questions. The particular situation raised with me was when a select committee rejects or edits an Estimates or annual review question. A member may subsequently lodge it as a written question instead. Mr Hipkins was concerned that Ministers often answer written questions by reference to materials provided during the Estimates and annual review processes.

Ministers have a responsibility to the House, and through the House to the country, to account for the public offices they hold. Questions are an important element of this accountability and Ministers should provide informative answers to them, when doing so is consistent with the public interest. On 10 September 2015 I ruled that a Minister may answer a question by referring a member to information that is already publicly available. However, if a Minister chooses to reply by directing a member to information already available, he or she must do so with some particularity. It is not acceptable to simply state that the information has already been released or that it was provided to a select committee. Rather, the Minister should provide a sufficiently detailed answer to enable the member to directly locate the information. Making reference to information in answers to Estimates or annual review questions in response to a written question is acceptable only if the information actually addresses the question, otherwise the Minister is expected to provide a full and informative answer.

I would conclude by noting that written questions usually have a shorter time frame for responses than Estimates or annual review questions, and that the same officials are likely to prepare answers to the questions however they are lodged. While it is largely up to a select committee to determine how it operates, I urge all select committees to reach negotiated solutions on the admissibility of questions, particularly in light of their key role in scrutinising the executive. I intend to circulate a copy of this ruling to all Ministers.