10. CHRISTOPHER FINLAYSON (National) Link to this
to the Minister Responsible for the Law Commission
Does he have confidence in the judgment of the president of the Law Commission; if not, why not?
Hon MARK BURTONChristopher Finlayson Link to this
Does the Minister agree with the former Minister of Justice Geoffrey Palmer that the Law Commission will be more independent of the Government than any other Law Commission in the Commonwealth; if so, in how many other Commonwealth countries does the president of the Law Commission donate almost $11,000 to the governing political party that appointed him or her?
To the first question, yes, because it is; that is a matter of legal fact. Secondly, this Law Commission president was appointed on his undeniable competence, qualification, and high integrity. I suggest to that member that the president was appointed for the same reason that the former Prime Minister the Rt Hon Jim Bolger was retained as an ambassador in a highly sensitive position—because he was competent and his integrity was beyond reproach. It was equally appropriate. I say to the junior Opposition whip, who is rubbing his little fingers together, that the difference is that in the case of Geoffrey Palmer we know transparently what he has given in terms of donations. We have no idea about the secret donations that are smuggled into the National Party through its secret trust accounts. That is the difference; this is open and transparent.
Rt Hon Winston Peters Link to this
I raise a point of order, Madam Speaker. I know there are certain rules about what members can say in this House. Most of them, without pointing it out clearly, require members to back their comments up. I think Mr Tau Henare’s comment about a former Prime Minister being a hack is really unbecoming of parliamentary behaviour, and I ask him to apologise. If he has any reason why he should say that, then perhaps he should ask a question to back it up. Calling former Prime Ministers hacks and stoolies and things like that is really not something to be encouraged in this Parliament.
Madam SPEAKERIt is unfortunate such comments are, in fact, used from time to time, and they probably reflect on the various members who actually use them. I ask for the next supplementary question.
Hon Tau HenareWould you like to leave the Chamber, Mr Henare, thank you very much. You can come back for your question.
Hon Georgina te Heuheu Link to this
How can the public have confidence in the independence and impartiality of the Law Commission when it next considers electoral reform, when that independence and impartiality appear to have been compromised by the president of the Law Commission donating almost $11,000 to bail out the Labour Party’s breach of the Electoral Act when it illegally spent over $800,000?
People can have confidence because the president of the Law Commission is a man of high integrity and reputation, unlike some of the members asking questions in this House.
Hon Dr Nick SmithMr Smith over there is chirping away. That same criticism could be levelled at Jim Bolger but it should not be, for the same reason—he is a man of integrity. Jim Bolger had a highly sensitive position and was possessed of information highly damaging potentially to this country. This Government trusted him because it had reason to. His integrity is beyond reproach; so is Sir Geoffrey Palmer’s. I think using this matter to try to score political points reflects appallingly on those members who do that. It will do them no good.
Hon Georgina te Heuheu Link to this
Has he seen reports from Andrew Ladley, the former coalition manager for the Government, who said: “… it would be unwise for someone in Sir Geoffrey’s position to make political donations.”, and: “Ordinarily a senior person in public service would exercise their judgement very carefully before making a substantial donation because of the perception that could be around that they would not carry out their public service duties in a politically neutral fashion.”; if so, why does the Minister insist that the president of the Law Commission should be exempt from standards of independence and neutrality that apply to all other public servants?
We seem to have a trend today of selective quoting. I will go on to say what Dr Ladley actually concluded: “… there’s unlikely to be any question of judgment, given that Sir Geoffrey’s background was well known before he took up the role.” Look, the question is this: is this man, this former Prime Minister, someone of high quality, high confidence, and integrity? The answer is “Yes.” He is undeniably a highly appropriate appointment to this position.
Christopher Finlayson Link to this
Does the Minister not agree that the real issue here is not Sir Geoffrey’s competence, high reputation, honesty, or transparency, which I for one do not question, but his judgment, or in this case the lack of it?
No, I do not. Had Sir Geoffrey chosen to donate a few hundred dollars less, this matter, of course, would not have required a declaration. He knowingly made an open, transparent donation to a party that he was the Prime Minister and leader of.
Hon Dr Michael Cullen Link to this
In the light of the question from Georgina te Heuheu, does the Minister intend that before appointing anybody to any office he will ask whether that person has made any donation to any political party—for example, the former Governor of the Reserve Bank to the National Party—and will recommend his colleagues also do the same; if not, why not?
It is a tempting proposition but, of course, as I have indicated in earlier answers, the question is whether people will be appropriate appointments. I have no idea, for instance, whether any judge or any head of any agency has made donations this year or any other year to the National Party, nor do I care, because it is their competence and their integrity that is the issue at point.
Rt Hon Winston Peters Link to this
I seek leave to table a number of articles from newspapers at the time of the appointment of Sir Keith Holyoake to be Governor-General of this country that indicate that National was outraged when some members of the Labour Party accused him of being a hack—inappropriately so on that occasion, as well.