Speaker’s Rulings — Privilege—Select Committee Proceedings

I have received a letter from Hon Meka Whaitiri raising a matter of privilege about the release of information about select committee proceedings by Hon Dr Nick Smith. The facts of the matter are not disputed by Ms Whaitiri or Dr Smith. In summary, a press release from Dr Smith stated that the Justice Committee had declined to receive a late submission on its inquiry into the 2017 General Election and the 2016 Local Elections. The press release was made after the committee had deliberated on its inquiry but before the report had been presented to the House.

The starting point for such matters is Standing Order 239, which says select committee proceedings, apart from the public hearing of evidence, remain strictly confidential to a committee until it reports to the House.

The prohibition on revealing committee proceedings was absolute until 2003. In that year, Standing Orders were amended to allow members to discuss proceedings with each other and with the Clerk and his staff. Proceedings no longer before a committee and proceedings in respect of matters of process or procedure not relating to matters or decisions still before a committee were also able to be disclosed.

Members should not unilaterally release proceedings for their own political purpose when, in doing so, they undermine the good faith basis that is essential for the effective operation of select committees. The reasons for confidentiality include the encouragement of constructive dialogue between members, the expectation that committees will report first to the House and therefore avoid lobbying outside normal processes, selective provision of proceedings (both in terms of who receives such information, and the selective release of material that may not fully reflect the committee’s consideration), and the possibility of advantage to particular persons. These potential effects of premature disclosure on the proper functioning of our parliamentary system are why it is generally prohibited and why I take a strong stand against it.

The 2003 Standing Orders Committee report outlined the sorts of matters that could be released before a committee reported at the House. It included: material received in relation to an item of business no longer before a committee; a decision regarding a proposed inquiry; a vote to appoint or remove the chairperson or deputy chairperson; scheduled hearings of evidence; the decision to appoint or not appoint advisers.

These matters can be disclosed because the decision about them is a discrete matter that is concluded when a decision is made. Revealing them does not disclose the committee’s deliberations prematurely and does not disclose the content of a draft report.

The material in Dr Smith’s press release referred to matters contained in the committee’s report. Its release pre-empted the Justice Committee’s full report on the matter, though the material was contained only in the National Party’s minority view. In this instance, while a technical breach of Standing Orders occurred, I do not think it is serious enough to warrant the referral of the matter to the Privileges Committee. However, I caution all members against releasing select committee proceedings before the committee reports to the House. It undermines the integrity of the committee process and is likely to diminish the ability of members to work together on committees.