Brown SimeonSIMEON BROWN (National—Pakuranga): Thank you Mr Speaker for the opportunity to take a call on this terrible piece of legislation the Education and Training (Teaching Council Fees and Costs) Amendment Bill. Members on the other side who are getting up and saying how proud they are—I heard Jamie Strange from Hamilton saying this is an elegant solution an elegant solution to be passing retrospective legislation to impose a tax an unlawful tax on to teachers. The High Court ruling said that the Teaching Council decision to set a fee for issuing a practising certificate amounted to an unlawful tax. They should be hanging their heads in shame but no. They come into this House and they call this an elegant solution". Hear Jamie Strange—how proud he is of his Minister to be introducing retrospective legislation. This legislation is retrospective. This legislation is basically trying to turn back the tide—turn back the tide—on a case which the Teaching Council has lost.We have to remember that this is the Government that said they were going to turn the Teaching Council into a representative body which was representing teachers last Parliament passing legislation where they were saying they were going to give democracy back to the Teaching Council. Well here we are where we've got this Government running roughshod over teachers imposing fees on teachers imposing unlawful taxes on to teachers increasing costs on our teachers and then passing legislation clause 5 which says the Teaching Council fees and costs may basically set whatever they like because one of the things the High Court found was that the Teaching Council failed to consult before imposing annual certification. So let's not worry about consultation; let's just put clause 5 in there which lets them do whatever they like.I'm looking forward to hearing from the submitters on this piece which is around do the teachers unions—are they happy with the fact that the Teaching Council under clause 5 is essentially going to be able to just put in place whatever fee structure they want over whatever time frame they like and whatever way they like? [Interruption] Well is there a select committee process? I hope there is because actually this needs to go to a select committee—SPEAKER: Order! Order! The member should listen to the speeches at the beginning.SIMEON BROWN: Absolutely—absolutely. Thank you Mr Speaker. Well look I look forward to the submissions from the teachers unions and the teachers on that exact point because actually are teachers going to be happy with the Teaching Council being able to essentially set fees and costs in whatever way or fashion that they feel like? Because that is what clause 5 reads to me. I'm sure they're going to have very very strong views over that and what seems to be taking away the ability for actual proper consultation to be taking place and the consultation—because actually what this is about is the Teaching Council effectively being able to fund their affairs. Actually if it's a democratic institution which is what this Government in the last Parliament said the Teaching Council should be where teachers should be in control and they should be able to run it why would this Government now take away the ability for that consultation to be taking place? This High Court found the Teaching Council wasn't acting in accordance with the law. This High Court case found that they were failing to consult when setting fees. So what's the Government's response to that? "Well actually maybe they just shouldn't have to consult at all. We'll just take away any consultation." What's the need for consultation? Because apparently according to this Government the Teaching Council knows best. The Teaching Council knows exactly what the fees should be what time period they should be and actually who cares about what the teachers think about how much the fees should be and how the governance and the affairs of the Teaching Council should be run and what that money should be going towards?This legislation is a massive overreach not only retrospective—retrospective legislation from this Government. This is retrospective in the fact that it's overriding a High Court case but then going the next step and saying "Well actually we're not only going to override the court case but the fact that they were having to consult in the first place—we don't really like that and we're just going to get rid of that requirement into the future." Well that's unacceptable and I think our teachers up and down the country are going to have a lot to say on that very point because they can see what is going to come if the Teaching Council because of what they've already tried to do running roughshod over teachers—if they've already tried once pass this legislation and you will see more and more of the Teaching Council imposing its own views on a whole range of issues and a whole range of matters and that is something which is incredibly concerning.This is a Government which stands up and says that they're kind and caring. Well it's not kind and caring to get rid of the consultation requirements which the teachers of New Zealand should have in place and should be able to have their say on what a body which this Government says should be their body—well it's not theirs any more. This is Chris Hipkins' Teaching Council so that Chris Hipkins can effectively run roughshod over the teachers and I think this is something which is completely unacceptable. I'm proud to be on the side of the House where we're saying "No we're not going to accept this retrospective legislation. We're not going to accept the Government just coming in and undoing a High Court case just because they feel like it and then basically saying 'Well actually the teachers' council was right all along. We're going to get rid of the consultation requirements.' "So I'm proud to be on the side of the House where we're saying no to this piece of legislation and my message to teachers and to the teachers unions and the organisations up and down this country and to parents is to make sure they have their say because this is probably the last time they'll ever be able to. We oppose this piece of legislation."