5. Hon JOHN BOSCAWEN (Leader—ACT) Link to this
to the Minister of Justice
Does the Government share the Chief Justice’s “grave concern” stated in her 25 February submission on the Criminal Procedure (Reform and Modernisation) Bill that the proposed notification of issues in dispute in advance of trial and also at the commencement of trial is “contrary to longstanding principle, being inconsistent with a defendant’s right to have the prosecution prove its case beyond reasonable doubt, not being obliged to assist the prosecution by volunteering information”; if not, why not?
Mr SPEAKERI am not sure I heard exactly the question in front of me, but I think it was close enough to be reasonable.
Hon SIMON POWER (Minister of Justice) Link to this
No; because I am advised that the Chief Justice’s concerns were based on the bill as introduced. As the member knows, the bill—and in particular the issues in dispute provisions in the bill—underwent change at the select committee.
Hon John Boscawen Link to this
Does the Minister find it acceptable that in the Attorney-General’s report on the bill, dated 15 November 2010, he clearly said: “I have considered this bill for consistency with the New Zealand Bill of Rights Act 1990 and report it separately to the House that in three respects it appear to be inconsistent with the rights affirmed by section 25 of the New Zealand Bill of Rights Act.”; if so, is the Minister prepared to resubmit the amended bill as reported by the Justice and Electoral Committee for further vetting by the Attorney-General?
I believe that the first part of the question related to the acceptability of the Attorney-General’s report. I find all of the Attorney-General’s reports to be acceptable. I note that I am advised that the issues the Attorney-General raised in respect of those reports were generally resolved at the select committee.
Hon John Boscawen Link to this
Is he aware that the departmental report for the Justice and Electoral Committee dated 16 May 2011 described several submitters, including the New Zealand Bar Association and the Criminal Bar Association, as being in support of the bill, when in letters provided by those organisations and tabled in this House on 16 August this year each confirmed its opposition; if so, will he take action to correct that select committee report?
The report is a matter for the select committee, not for the Minister in charge of the bill. I have to say that although I read the report at the time, I have not read it recently.
Charles ChauvelWill the Minister confirm to the House that he has the Labour Opposition’s assurance of support to pass the bill, provided he is willing to make only eight changes to it?
Yes, I am aware of the changes that the member refers to. He has written to me about these matters, and I thank him for his constructive approach to this legislation. As my office informed him yesterday, I am taking a close look at the points he raised in his letter, and I expect to be in a position to respond shortly. I think that in the interests of good-faith discussions that is all I am prepared to say at this stage.