Members’ Bills ballot

There was a Members’ Bill ballot today. The four drawn were:

  • Education (Restoration of Democracy to University Councils) Amendment Bill Hon David Cunliffe
  • Births, Deaths, Marriages, and Relationships Registration (Preventing Name Change by Child Sex Offenders) Amendment Bill Dr Jian Yang
  • Electricity Transparency Bill David Shearer
  • Healthy Homes Guarantee Bill (No 2) Andrew Little

There’s been issues raised with two of those Bills.

Graeme Edgeler has pointed out a flaw in the Name Change/Child Sex Offender Bill and the Speaker has ruled that the Healthy Homes Bill shouldn’t have been accepted due to similarity with a Bill that failed earlier this year and if it comes up for it’s first reading this year it will be rejected.

Under a law change proposed by National MP Jian Yang, every person convicted of robbery is deemed to be a “child sex offender”.

Edgeler backs up his claim with a link to the bill: Births, Deaths, Marriages, and Relationships Registration (Preventing Name Change by Child Sex Offenders) Amendment Bill [PDF 114k]

And to a law it refers to: Parole Act 2002

And a Speakers ruling on the Healthy Homes Bill:

The Speaker David Carter has delivered a ruling on Andrew Little’s Healthy Homes Guarantee Bill (No 2), and its similarity to a previous bill before the House.

The ruling is as follows: “Honourable members, the Healthy Homes Guarantee Bill (No 2) was drawn from the member’s ballot today. The bill has the purpose of ensuring that every rental home meets the minimum standards of heating and insulation. It requires the Ministry of Business, Innovation and Employment to set the standards, and requires the landlords to meet them.

On further study, the purpose and effect of the bill are the same in substance as the Healthy Homes Guarantee Bill which was defeated at its first reading on 18 March 2015. Standing Order 264 provides that a bill that is the same in substance as a bill that received or was defeated on its first, second, or third reading may not be proposed. In my opinion, this bill should never have been accepted for the ballot.

Now that the bill has been drawn, I need to find a way forward. The point at which a bill is proposed to the House is when the member in charge moves its first reading. If the first reading of the Healthy Homes Guarantee Bill (No 2) is reached in the current calendar year, I will then rule the bill out of order.

However, if it is reached later than that, it will not trigger the prohibition in Standing Order 264, and will be in order. I have asked the Clerk to ensure that bills proposed to go in the ballot are scrutinised more carefully for compliance with Standing Order 264. In future, bills that are the same in substance as ones read or defeated in the same calendar year, will not be permitted into the ballot”.

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1 Comment

  1. Little’s Bill being deferred in this way by Carter was a favour to Labour in reality though they didn’t seem to see it that way. Chris Hipkins and David Parker giving it a right royal go and giving the Clerks Office a bit of a kicking for not spotting the similarity with a prior bill which was defeated….

    Procedural Porn : )

    Reply

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