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Justice, Ministry—Confidence

Thursday 18 February 2010 Hansard source (external site)

Ardern4. JACINDA ARDERN (Labour) Link to this
to the Minister of Justice

Does he have confidence in the Ministry of Justice?

PowerHon SIMON POWER (Minister of Justice) Link to this

Yes.

CosgroveHon Clayton Cosgrove Link to this

Mr Speaker—[ Interruption]

SmithMr SPEAKER Link to this

I say to the Government front bench on this occasion that it is perfectly in order for another member to seek a supplementary question. It was my error that I assumed the question was going to be from Jacinda Ardern.

CosgroveHon Clayton Cosgrove Link to this

I am sure she is very concerned about being confused with me. Does the Minister stand by his comments from his spokesperson, as reported by the New Zealand Press Association yesterday, that Judith Collins is “a much better fit” to deal with the Sentencing and Parole Reform Bill because she would be responsible for its implementation?

CosgroveHon Clayton Cosgrove Link to this

As the Minister responsible for sentencing, can he therefore explain how the police, who of course are the principal advisers to the Law and Order Committee, will be responsible for implementing in part or in whole the sentencing provisions in the Sentencing and Parole Reform Bill?

PowerHon SIMON POWER Link to this

Yes, and the reason is that the “strike” is triggered not by the sentence, as was previously the case, but by the conviction. Therefore, the way in which a charge is laid and the police’s discretion in laying that charge are critical to the operational elements of the new, hybrid legislation.

CosgroveHon Clayton Cosgrove Link to this

Has he sought or received any advice from his justice officials about the level of experience of the police in advising on, and partially or wholly implementing, a sentencing regime such as that contained in the Sentencing and Parole Reform Bill; if so, what was that advice?

PowerHon SIMON POWER Link to this

I have not received advice on the experience of the police in providing advice.

CosgroveHon Clayton Cosgrove Link to this

No, in implementing it.

PowerHon SIMON POWER Link to this

That is what you said.

CosgroveHon Clayton Cosgrove Link to this

Or implementing the bill.

PowerHon SIMON POWER Link to this

No, that is what you said.

CosgroveHon Clayton Cosgrove Link to this

Can he confirm that the Sentencing and Parole Reform Bill seeks to amend the Sentencing Act 2002 and the Parole Act 2002, that the Minister responsible for both these Acts is the Minister of Justice, not the Minister of Police, and that the Ministry of Justice is the responsible Government agency, not the New Zealand Police; if so, why has he, as Minister of Justice, washed his hands of the bill, and why has the Ministry of Justice been blocked from any further involvement in its progress?

PowerHon SIMON POWER Link to this

It was Cabinet that made the decision about who the responsible member would be for the bill. I am utterly satisfied that the position in respect of the police leading what is a highly operational change to the bill is appropriate. I support that, and I support the bill.

CosgroveHon Clayton Cosgrove Link to this

Will the Minister acknowledge the constitutional dangers—[ Interruption]

SmithMr SPEAKER Link to this

I think some interjections are reasonable, but it has just got too noisy. Even though the honourable member has a loud voice, I was struggling to hear him then.

CosgroveHon Clayton Cosgrove Link to this

Will he acknowledge the constitutional dangers in blurring the lines of separation between the roles of the police, who arrest and charge people, the justice agencies, who administer sentencing, and the corrections department, which incarcerates folk?

PowerHon SIMON POWER Link to this

I concern myself from time to time with constitutional issues like the one that the member outlines, which is why I was very confused about the fact that under the previous Government one person was both the Minister of Police and the Minister of Justice.

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