week six

Question 1

what are the 4 types of bills

Answer 1

government bills, members bills, local bills and private bills

Question 2

every statute begins life as?

Answer 2

a bill

Question 3

what is a government bill

Answer 3

the most common type of bill, originating within the political executive.

It starts at the top and then is passed down to the relevant ministries to put something together and they pass it back up to the minister. A pool of bills is made from which the Cabinet Legislation Committee considers the proposals and assigns priorities. This list is submitted to Cabinet who confirms this priority order via a vote and the governments legislative program is born.

Question 4

what group of lawyers helps the government and member of the house draft bills

Answer 4

the Parliamentary Counsel Office

Question 5

why is there internal scrutiny within cabinet of proposed bills

Answer 5

so that government draft bills are introduced into parliament more refined, allowing them to be pushed through faster since Parliament has limited time

Question 6

what is a members bill

Answer 6

they are introduced into Parliament by independent members of parliament, usually from a non-majority party.

the priority of their introduction is assigned based on ballot (random chance).

members bills are much less likely to be seriously considered under a single party majority government, but under MMP a particular members bill might be able to get a majority without the major party

Question 7

how is the priority of members bills assigned

Answer 7

by ballot

Question 8

how is the priority of government bills assigned

Answer 8

Cabinet Legislation Committee considers the proposals and assigns priorities, which Cabinet then votes on to confirm

Question 9

what two examples of members bills did we look at

Answer 9

the End of Life Choice Bill and the Crimes (Substituted Section 59) Amendment Bill

Question 10

the voting on the End of Life Choice Bill was an example of?

Answer 10

participatory government

Question 11

what was the Crimes (Substituted Section 59) Amendment Bill addressing

Answer 11

introduced by Sue Bradford (Greens) and known as the ‘anti-smacking’ bill

Question 12

what change to the Crimes (Substituted Section 59) Amendment Bill got National on board

Answer 12

a limitation was introduced that Police wouldn’t prosecute where it was super insignificant (e.g. small tap in the supermarket) - this is political compromise

Question 13

what are local and private bills compared to members and government bills

Answer 13

bills of a narrower effect

Question 14

what is a local bill

Answer 14

an answer to a localised issue intending to only have effect in one region or locality e.g. validating something done at a local government level

they are not a local government issue because they seek to do something a local council doesn’t have authority to do (something they cannot do through the machinery that already exists)

a local bill will be promoted by a particular local authority who has to give notice (publicise the subject matter to those who will be effected by it)

if the bill passes its first reading, it will be referred to the local government and environment committee rather than a select committee

Question 15

why are local bills not just done by the local government

Answer 15

because a local bill seeks to do something that cannot be done through the machinery that already exists (no authority)

Question 16

who introduces a local bill into Parliament

Answer 16

it has to be introduced by a member of parliament putting it through the house

Question 17

who promotes a local bill and what are they obliged to do

Answer 17

it will be promoted by a particular authority and they must give notice of the subject matter to those who will be effected.

Question 18

where will a local bill be referred if its passes its first reading rather than a select committee

Answer 18

it is referred to the local government and environment committee

Question 19

what are private bills

Answer 19

the least common type of bills, these seek to secure some special benefit or right to an individual or organisation.

they are the opposite of ad hominin legislation.

there are similar constitutional issues because parliament should make general laws and things to do with individuals are generally handled by the judiciary.

a parliamentarian promoter gets it into parliament but the promoter themselves face additional hurdles to get it passed because they need to show that legislation is the only appropriate remedy for their issue (they can’t fix it elsewhere) and that there is something unfair/unjust about the application of the general law as it is.

Question 20

what are private bills the opposite of

Answer 20

ad hominin legislation

Question 21

what are the constitutional issues with private bills

Answer 21

Parliament should make general laws and generally individuals should be handled by the judiciary

Question 22

what does the parliamentarian do for the person (promoter) wanting a private bill passed

Answer 22

they just get it into parliament

Question 23

what does the promoter (person themselves) have to prove to show why they should be given the private bill

Answer 23

that legislation is the only appropriate remedy for their issue (they can’t fix it elsewhere) and that there is something unfair/unjust about the application of the general law.

Question 24

what is the first step of a bill becoming a statute

Answer 24

introduction and first reading - clerk announces the bill has been introduced after the Leader of the House informs them of the introduction by 1pm on a parliamentary sitting day - now it is part of the business of parliament

the copy has an explanatory note attached. there is a short debate and then a vote.

Question 25

what is the second step of a bill becomming a statute

Answer 25

select committee process - the public has the greatest input.

the particular committee reflects its subject matter. there are 12 subject matter committees (e.g. health, justice) and an additional 5 specialist committees (e.g. Regulations Review Committee and Standing Orders Committee).

Parliament can also create ad hoc committees.

members sit on the committees and arrange for the calling of public submissions.

they vote among themselves whether to put amendments in and prepare a report to parliament.

Question 26

what situations are the select committee processes not used for?

Answer 26

for bills relating to the parliamentary function of raising money or where a bill is progressed through the legislature process under urgency

Question 27

do government ministers sit on committees?

Answer 27

yes

Question 28

the select committee is designed to be _____. to achieve this it takes public submissions and recommendations from the law commission

Answer 28

neutral

Question 29

what happens at the second reading and committee of the whole house

Answer 29

2 hour debate and 10 minute speeches by relevant members and there is vote again in principle on the bill.

if it passes it moves to the committee of the whole house who the next day moves to looking at the provisions and whether they bring about the aims or objectives. the bill is debated part by part and amendments can be made by a vote based on a motion. if a motion for an amendment fails they just move on.

Question 30

what happens in the third reading and royal assent

Answer 30

the bill is now in its final stages. there is a 2 hour debate with 10 minute speeches and a final vote is put which is now ‘should the bill come into law?’

if the bill passes this vote there can be no more substantive changes, only typographical/formatting errors can be changed. if there are to be other substantive changes it will have to go back to the committee of the whole house.

the clerk then makes a fair copy (that is clean) and the Attorney-General checks it and gives it to the Prime Minister who puts it before the Governor General for assent.

Question 31

what happens to the bill after it has passed the 3rd reading and has been given to the clerk

Answer 31

they make a fair copy and the Attorney General checks this, hands it on to the Prime Minister and then puts it before the Governor General for assent

Question 32

can substantive changes be made after the 3rd reading vote

Answer 32

no, only typographical/formatting errors. if they want to make substantive changes it will have to go back to the committee of the whole house.

Question 33

is the Governor General legally binding to give the Royal Assent

Answer 33

no, but they are constitutionally bound and has yet to decline to do so

Question 34

bills passed under urgency are usually what type of bill

Answer 34

government bills

Question 35

how does the process of passing a bill under urgency begin

Answer 35

it begins with a government minister, who puts the motion to the house that it be passed with urgency. this must pass with a bare majority and the government minister has to provide a general reason of why urgency is required. where they intend to move to extraordinary urgency the reason must be even more apparent

Question 36

what notable stage is excluded where a bill is to be passed under urgency or extraordinary urgency

Answer 36

no select committee stage which means there is no opportunity for public submissions or detailed amendment revision

Question 37

what do Standing Orders require in terms of breaks for bills passed under urgency

Answer 37

sleep break - midnight to 9am

lunch - 1-2pm

dinner - 6-7pm

Question 38

what do Standing Orders require in terms of breaks for pills passed under extraordinary urgency

Answer 38

they can work all through the night, they only break from 8-9am and have very short lunch and dinner breaks

Question 39

what may dealing with law under a matter of urgency compromise

Answer 39

making good law through a throughly considered process

Question 40

what are 3 examples of bills passed under urgency

Answer 40

1. where a government makes a final scramble before an election to finish their legislative programme
2. policing (constable’s oath validation) amendment bill
3. Covid-19 Public Health Response Bill

Question 41

what was done in the urgent Policing (Constable’s Oaths Validation) Amendment Bill

Answer 41

it fixed an error where officers were sworn in by the wrong person than was designated under the 2008 police act. this could’ve had huge implications for these officers’ ability to arrest, charge etc.

this bill retrospectively said they were sworn in effectively for those past 5 years.

this was a minor procedural error and therefore the solution was simple and justified.

Question 42

what did the Covid-19 Public Health Response Bill introduce

Answer 42

S20 - gave police extensive powers of warrantless search on all sorts of premises with the exception of private dwellings.

they could search a private dwelling without a warrant if they had reasonable belief people were gathering in contravention of Covid-19 protocols.

the act gave very broad powers to the Director General of Health.

there was no other realistic choice - the law just had to be made quickly here

Question 43

what is the argument against urgency

Answer 43

efficiency isn’t the most important aspect of creating law - efficient law isn’t the same as good law.

the regular slow process allows for consultation for well-thought out law

its biggest implication is the removal of the select committee stage, which gets rid of people’s ability to be heard

Question 44

what is general political accountibility

Answer 44

through debate, questioning and rhetoric in the debating chamber the executive can be critiqued and this can be watched publicly on Parliament TV

Question 45

how are government ministers accountable

Answer 45

they are accountable to Parliament both individually as ministers with particular portfolios and ministries beneath them and secondly they are collectively accountable with the other ministers in Cabinet acting as a unified political executive

Question 46

why does Cabinet have collective responsibility

Answer 46

they have this to parliament because they act collectively - confidence, confidentiality and unanimity are important.

Question 47

cabinet must maintain the confidence of?

Answer 47

the house - the majority on the things that matter

supply - a governments ability through Parliament to approve the appropriation of money and its expenditure

confidence - a confidence vote

Question 48

if a government failed a confidence vote, what would they have to do and what would happen after

Answer 48

they would have to resign because if they can’t get money through resources the government is useless.

the governor general would dissolve the government and a general election would be held if the parties couldn’t get together a government

Question 49

supply and confidence agreements are made my minor parties, what are they agreeing to do?

Answer 49

vote with their majority party on supply (money) and confidence issues.

Question 50

by convention, cabinet must act?

Answer 50

unanimously

Question 51

all government ministers must defend and back what which body does

Answer 51

cabinet

Question 52

because of the doctrine of collective responsibility, cabinet ministers are all responsible for anything who does

Answer 52

Cabinet

Question 53

how are ministers individually responsible to parliament

Answer 53

for both their actions and the staff beneath them in their ministries etc.

Question 54

what is the debate around a minister resigning when something bad happens (themselves or in one of their ministries)

Answer 54

them resigning is a form of political accountability but not of constitutional accountability because that would be to do the things necessary to fix the problem.

where they have no knowledge of it they should show accountability by making things better. ministers should only resign where they have a personal connection to what has gone wrong.