Upston Louise: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
Upston Louise: Education (Freedom of Association) Amendment Bill — In Committee Speaker Recalled In Committee Speaker Recalled In Committee 
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LOUISE UPSTON (National—Taupo) 
: 
 I have been following this debate very carefully from my office as a member of the Education and Science Committee who heard the submissions on the Education (Freedom of Association) Amendment Bill. I am somewhat staggered at some of the comments the Opposition members are making. Clause 9 is about the commencement and the transition date of 1 January 2012. I think more than anything else this evening members opposite are petrified that this bill might actually pass and come into force. They have spent more energy fighting this than fighting any other bill. 
Hon Trevor Mallard 
: I raise a point of order Mr Chairperson. I would like you to rule whether the word “petrified” is an appropriate term to use about members. We are not allowed to say “frightened”; there is a whole list of things we are not allowed to say. That is a much worse word. 
The CHAIRPERSON (H V Ross Robertson) 
: I did not even flinch at the word. Much stronger language has been used. Members make disparaging remarks all the time about things like this. It is not a personal reflection. I will let the word stand. 
Hon Trevor Mallard 
: I raise a point of order Mr Chairperson. I noted the member said we were referring to the commencement of the bill. That I think is in clause 2. 
LOUISE UPSTON 
: No you are incorrect. 
The CHAIRPERSON (H V Ross Robertson) 
: Order! 
Hon Trevor Mallard 
: I think she correctly referred to “transition”. It is clause 9 we are referring to and you should bring her back to that. 
The CHAIRPERSON (H V Ross Robertson) 
: Thank you. Can the member speak to clause 9. 
LOUISE UPSTON 
: Thank you Mr Chair. I was talking about the fact that the transitional arrangements come into force on 1 January 2012 and that is also the intended date for when this bill would take effect. That of course is what Opposition members do not want to happen. Clause 9 is a fantastic clause and I will tell members why. It means we are coming to the end of all of the Committee stage of this bill which is great news indeed. 
One of the things that has been sadly lacking in this debate has been the voice of the students. We have heard all about the students associations but not much about the students which is very common for members on that side of the Chamber. If we talk about education they talk about the teachers. They do not talk about the students and they do not talk about the parents. 
I want to talk about the students because I think they are big enough ugly enough and wise enough to make their own choices about whether they become members of a students association. Unfortunately members on that side of the Chamber do not trust students enough to make that kind of decision. Some simple transitional arrangements are built into clause 9 but the wider issue is the fact that students are entitled to have their choice just like with any other organisation whether it is a union Greenpeace or the Automobile Association. Voluntary membership does not stop those organisations from delivering the vital services that I know students associations provide. It is not about some ulterior motive that you guys think there is in relation to getting rid of students associations. 
The CHAIRPERSON (H V Ross Robertson) 
: Order! 
LOUISE UPSTON 
: Sorry Mr Chairman. It is about the fact that clause 9 puts in place some sensible transitional arrangements for this legislation when it comes in on 1 January. 
Hon Trevor Mallard 
: You’ve been here for 5 years and you still can’t get it right. 
LOUISE UPSTON 
: I am pleased that Mr Mallard thinks I have been here for 5 years; he has obviously taken lots of notice. He is taking lots of notice of this particular bill today because he is one of the members who so desperately do not want it to pass. 
We should talk to students and I bring members the voice of one student in particular. This Committee has talked about students who oppose this legislation and about the fact that there was overwhelming opposition to it in the select committee. Well I will tell the Committee about what happened with some students and I felt sorry for one student in particular. I got an email from this person about the legislation and I emailed in response. She then came back to me and said that she did not actually put her name on any email nor did she give information about her opposition to the bill; somebody else had done that. I was quite curious. I would be interested to know just how much of the supposed opposition to this bill came from that kind of email. 
I am bringing the voice of real students who are saying they want to be able to choose which organisations they are members of just like anyone else. Members on this side of the Chamber trust them. We believe they have the freedom to choose. If an association is delivering services that they value the students will continue to support the association. They will continue to support the association that is delivering services of value to them. That is why we do not have a concern like Opposition members do about the services that students associations or student unions provide. That is one of the things that has been so sadly missing in this debate. 
It is so important for us on this side of the Chamber to trust students to trust their choice to enable them to make decisions about whether they are members of a union and to ensure that they are able to make sensible choices of their own free will about how and where they spend their money. They should not be forced into a situation where they have to be members of a student union when they would not otherwise choose to be. 
A lot of people have been discussing this issue particularly on social media channels over the last few months while the filibustering has been going on with the Royal Society of New Zealand Amendment Bill. Those voices have been coming through loud and clear.