National MP Nick Smith was ‘named’ and suspended from Parliament today.
Another MP, Michael Woodhouse, had already been told to leave the Chamber.
Question No. 12—Police
12. Hon Dr NICK SMITH (National—Nelson) to the Minister of Police: Does he stand by all his statements, policies, and actions?
Hon STUART NASH (Minister of Police): Yes.
Hon Dr Nick Smith: Does he stand by his statement to TVNZ on roadside drug-testing last December, in response to the Matthew Dow tragedy in Nelson, in which he said—and I quote—”There’s a discussion document that has been approved by Cabinet that’s going to go out to the public early next year”.
Hon STUART NASH: First of all, let me say that if a person is impaired by drugs or alcohol they should not be driving. It is against the law. We are looking at a new strategy to improve road safety during 2019. An immediate $100 million increase of funding was made to improve road safety when we took office. However, more announcements will be made shortly.
Hon Dr Nick Smith: I raise a point of order, Mr Speaker. My question was whether he stood by an important statement.
SPEAKER: The member very clearly got a “no” out of that. Carry on.
Hon Dr Nick Smith: I certainly didn’t hear a “no”. I heard a comment on the issue. I heard nothing about—look, he said Cabinet had approved something.
SPEAKER: Order! Order!
Hon Dr Nick Smith: Did Cabinet, last year, approve a discussion paper on enabling police to do roadside drug testing? If not, why did he tell TVNZ and the people of New Zealand that it had approved such a discussion paper?
Hon STUART NASH: That member’s been around long enough to know that we don’t discuss what goes on in Cabinet in the House.
Hon Dr Nick Smith: Point of order, Mr Speaker.
SPEAKER: No, no. I don’t need it. The member had a straight question, and it was a very clear question. It related to a direct quote from him. We had already commented that a paper had been approved by Cabinet. I’m sort of taking Dr Nick Smith’s word that the quote is accurate, and it’d be pretty serious if it’s not, but, taking that at face value, he cannot say on television that Cabinet approved something and then say that it’s not his role to say so in this House.
Hon STUART NASH: What I can say is I do not recall saying that, but what I will say is work is undergoing in this area.
Hon Dr Nick Smith: Will the Minister apologise to the mother of Matthew Dow, who would’ve turned 25 today if not killed by a reckless drug-driver, given that he misled her in saying that Cabinet had approved a discussion document and that it was to be released earlier this year?
Rt Hon Winston Peters: I raise a point of order, Mr Speaker. With the greatest respect, this is certainly no way to treat human tragedy in the way it’s being played out politically in this House, and we, on this side of this House, seriously object. We don’t diminish, in any way—
Hon Michael Woodhouse: Is the question out of order or not?
Rt Hon Winston Peters: —the harm or the hurt that the family might have felt, but this is not the way for this Parliament to behave, surely.
SPEAKER: First of all, I want to deal with the person who interjected during that point of order. Who was that?
Hon Michael Woodhouse: That would probably have been me, Mr Speaker.
SPEAKER: The member will leave the Chamber.
Hon Michael Woodhouse withdrew from the Chamber.
Hon Dr Nick Smith: Point of order, Mr Speaker.
SPEAKER: No. I’m contemplating dealing with this point of order. This is a very serious matter. It involves the death of a loved one. I think many of us are concerned at the approach that is being taken in the House now, but in my opinion it is a matter of, at the moment, judgment of good taste and good taste rather than a matter, at the moment, of order. So if Dr Smith wants to restate his question with that proviso—the clear indication from me that there’s a question of taste and appropriateness involved here—but he is a very senior member, and, obviously, the public will make their judgment on it.
Hon Dr Nick Smith: I raise a point of order, Mr Speaker. You have rightly noted this is a serious matter. A key part of that is the accuracy of the quote, and I accept that—
SPEAKER: Order! The member has been invited to ask his supplementary question again, as he did previously before he was interrupted by the Deputy Prime Minister. No one has doubted his word as far as the accuracy of that quote is concerned. All we’ve had is the Minister saying that he can’t recall saying it.
Hon Dr Nick Smith: Will the Minister apologise to the Dow family and to the people of New Zealand for his false statement, and I quote, “There’s a discussion document that’s been approved by Cabinet that’s going to go out to the public early next year” when that was untrue?
Hon STUART NASH: I have absolute sympathy for the Dow family, and your loss—I cannot imagine it. I will not apologise for something I have absolutely no responsibility for. For every family that has lost someone on our roads because there is a drink- or drug-driver, I have absolute sympathy. What I can say is work is going on in this area, though. Another thing I would say is Mr Scott brought a member’s bill to the House last year. I sat down with him and I tried to work with him on this, because we felt that the scope of his bill was too narrow. We asked to work with him. He refused to do that, so this Government undertook to address this in a way that actually addressed the issue.
Hon Dr Nick Smith: Supplementary.
SPEAKER: No. The member’s run out of supplementaries.
POINTS OF ORDER
Land Transport (Roadside Drug Testing) Amendment Bill—Leave to Set Down as First Members’ Order of the Day
Hon Dr NICK SMITH (National—Nelson): I seek leave of the House for the Land Transport (Roadside Drug Testing) Amendment Bill to be set down as the first members’ order of the day on the next members’ day on 22 May.
SPEAKER: Leave is not going to be granted for that.
Hon Dr NICK SMITH (National—Nelson): I raise a point of order, Mr Speaker. You need to put the leave.
SPEAKER: Well, I’ve made it absolutely clear that I won’t grant leave for it.
Hon Dr Nick Smith: Oh, you’re opposed to helping getting drug-drivers off the road as well?
SPEAKER: I have made it absolutely clear that I am very unhappy with the member and his approach—
Hon Dr Nick Smith: For standing up for my constituents?
SPEAKER: The member will leave the House.
Hon Dr Nick Smith: Soft on drugs like the Government.
SPEAKER: Order! Right, no—come back, please. The member will resume his seat.
NAMING SUSPENSION OF MEMBER
SPEAKER: I’m invoking Standing Order 86. I name Nick Smith for grossly disorderly conduct.
Hon Nikki Kaye: Point of order, Mr Speaker.
SPEAKER: No. There is no point of order at this point.
The question now is, That Nick Smith be suspended from the service of the House.
A party vote was called for on the question, That Nick Smith be suspended from the service of the House.
Ayes 63
New Zealand Labour 46; New Zealand First 9; Green Party of Aotearoa New Zealand 8.
Noes 56
New Zealand National 55; Ross.
Question agreed to.
Hon Dr Nick Smith withdrew from the Chamber.
The Points of Order, Naming and vote start at 7:00 minutes into the video:
Following that:
Hon GERRY BROWNLEE (National—Ilam): I raise a point of order, Mr Speaker. I wonder in what close proximity to today’s most recent events we might see the release of the Debbie Francis report into parliamentary bullying.
SPEAKER: If the member would care to come either to the Business Committee or the Parliamentary Service Commission, as he is entitled to, he will find out.
Hon GERRY BROWNLEE (National—Ilam): I raise a point of order, Mr Speaker. Would the Speaker be prepared to take a late submission to that report?
@GraemeEdgeler
During a term of Parliament, the first time an MP is suspended from the service of the House, it lasts 24 hours. While suspended an MP may not enter the Chamber, vote (incl as part of a whip-cast party vote), serve on a committee, or lodge questions or notices of motion.
A second suspension is for 7 full days. A third and any subsequent suspension is for 28 full days.
Each day a member is suspended means a deduction of 0.2% of their salary. I am not sure if this means 0.2% or 0.4% for Nick Smith.
This will be the first time (in some time at least) that an MP has had salary deducted for being suspended. MPs used to be under the impression that being suspended meant they lost their salary, but this never actually happened, because the Civil List Act didn’t allow for it.
It took me two submissions – first on the Standing Orders Review in 2011 and then on the new Members of Parliament (Remuneration and Services) Bill to get to oversight remedied, but the law now provides for salary deductions for suspended MPs.
Authorised by Gwen Shaw, Level 1, 17 Garrett Street, Wellington
