Dunne calls ‘sophistry and bollocks’ on party posturing on cannabis referendum

Peter Dunne has blasted the Government and the Opposition, calling their posturing on the proposed cannabis referendum sophistry and bollocks.

sohistry: The use of clever but false arguments, especially with the intention of deceiving.

bollocks: Nonsense; rubbish (used to express contempt or disagreement, or as an exclamation of annoyance)

So quite strong language from Dunne.

Newsroom:  Sophistry and bollocks on the referendum

Next year’s referendum on recreational cannabis will be the first Government-initiated referendum not to have an immediate definitive outcome. Despite being styled as a binding referendum, it will, in reality, be no more than an indicative vote whether or not people wish to change the legal status of cannabis used for recreational purposes along the lines to be set put in a proposed Bill to accompany the referendum.

But this Bill will not even be put before Parliament, let alone passed, until after the referendum has been held, so voters are being asked to take a great deal on trust.

The Justice Minister has given a commitment that the current three Government parties will treat the outcome of the referendum as binding, and that the Bill will come before the next Parliament. But he has given no assurances that the Bill will be the same as that to be released before the referendum, or that it will not be substantially strengthened or weakened by the select committee process to follow, or even when during the term it might be introduced and passed.

Meanwhile, the Leader of the Opposition says he cannot say what his party’s position will be until they see the proposed legislation. The Minister tries to justify his position by saying that no Parliament can bind its successor Parliaments.

This is, to put it politely, pure sophistic bollocks.

sophistic bollocks: deceitful nonsense

Every piece of legislation passed and regulation promulgated by every New Zealand Parliament since our first Parliament met in May 1854 has to some extent or another bound successor Parliaments. Indeed, if those successor Parliaments have not liked laws passed by their predecessors, they have either repealed or amended them.

That is the stuff of politics and political discourse is all about, and governments have always reserved the right to upend the legislation of an earlier government if they have not liked it, and to replace it with something more akin to their own way of thinking.

From the referendum on compulsory peacetime conscription in 1949, through to the 1967 and 1990 referenda on extending the Parliamentary term to four years, and those referred to earlier, governments of the day have used the process judiciously to allow the voters to determine controversial issues that either the politicians cannot decide upon, or, in the case of electoral law changes, should not decide upon.

And the prime example of the dangers of having a binding referendum with little defined, and then trusting politicians to follow the will of the majority, is Brexit. It is not just a mess on leaving the EU, it’s making a mess of the whole political system in the UK.

The notion of a government-initiated referendum that might or might not be binding, or implemented quite as people expect, has been completely foreign to all of those earlier examples. Yet that is precisely what New Zealand now faces with this Government’s, all things to all people, recreational cannabis referendum.

But it is actually worse than that, which could produce more uncertainty than it seeks to resolve.

On the assumption the referendum passes, the country faces a period of uncertainty while the legislation is considered and wends its way through the Parliamentary process, over at least most of 2021, and possibly the early part of 2022, assuming the Government decides to proceed with it as a priority, and that is by no means a given.

I can’t remember how many times I have heard the current Labour led Government say a promise or policy is ‘not a priority’, which is doublespeak for ‘get stuffed, we’re not doing it now’.

Trust politicians?

All this uncertainty creates a potentially extraordinarily confusing situation, which could have been avoided had the specific law been in place before the referendum, to be triggered by a positive vote.

Everyone would have known not only where things would stand once the law changed, but it will also occur immediately, removing instantly the uncertainty likely to accrue from the inevitable post referendum delay and confusion the government’s current approach will surely cause. However, without that, the current disgruntlement about the inconsistent way the current law on cannabis operates, is likely to give way to a new disgruntlement about its replacement.

The way this issue has turned out is another example of how this unwieldly administration seems at sixes and sevens when it comes to major policy development.

Nothing ever seems to be able to be implemented quite the way it was promoted two years ago when the Government took office. The compromises necessary to keep Labour, New Zealand First and the Greens may well be examples of MMP government in practice but they are increasingly looking like weak excuses for missed opportunities.

Is cannabis law reform therefore about to join welfare, tax reform, electoral reform and a raft of other things this Government says it would “love” to do properly, but, when the crunch comes, just cannot ever quite manage to bring together in a cohesive and comprehensive way?

The only think making the deceitful nonsense from the Government look so bad is the matching deceitful nonsense from the opposition.