Speaker’s Rulings — Select Committees—Membership, Members of the Executive

Honourable members, yesterday Chris Hipkins raised the matter of members of the executive serving as substitute members of select committees. By convention, Cabinet Ministers are not select committee members. That is appropriate given the role committees play in scrutinising the executive. Ministers outside Cabinet often serve on select committees and, in some instances, Ministers have served on committees that overlap with their ministerial duties.

For example, the Hon John Carter chaired the Auckland Governance Legislation Committee while he was Associate Minister of Local Government, from 2009 to 2011; the Hon Judith Tizard was a member of the Transport and Industrial Relations Committee while she was Associate Minister of Transport, from 2005—[Interruption] Order!—to 2008; the Hon Mita Ririnui was a member of the Māori Affairs Committee and Associate Minister for Treaty of Waitangi Negotiations, from 2005 to 2008; and the Hon Clem Simich chaired the Government Administration Committee while he was the Minister of Racing, from 1998 to 1999.

All members have political interests. That is inherent in their role. If a conflict arises between a member’s ministerial duties and their select committee role, that is a matter for the member to manage. The Standing Orders do not require members to excuse themselves from proceedings in which they have an interest, though they must declare any financial interest they hold in an item of business before participating—Standing Order 164.

A parliamentary under-secretary is a member of the executive but with quite limited responsibilities that derive solely from the Minister they assist. While an under-secretary may have some duties in relation to a Minister’s portfolio, he or she is not actually responsible for a portfolio and, as a result, cannot be asked written or oral questions about portfolio duties, and would not appear before a select committee during Estimates, since an under-secretary cannot be an appropriation Minister. Parliamentary under-secretaries are less likely to face conflicts between their duties as members of the executive and their presence at select committee meetings. If such a conflict was to arise, it would be for the member to manage. The public will judge any member who appears not to manage a conflict appropriately.

In response to the Hon Trevor Mallard, I will also raise this matter with the Standing Orders Committee in its consideration of related matters.