Jackson WillieHon WILLIE JACKSON (Minister of Employment): Tuatahi e tika me mihi ki a koe e Te Māngai i tēnei wā. E tika me mihi ki a koe e tahuri koe i tō korowai rangatiratanga i runga i ā tātou i tēnei wā. Ngā mihi ki a koe e Te Māngai. I tēnei wā e tika me hoki ki a koe ki taku hoa Ron. Ngā mihi ki a koe e hoa i kōkiri i tēnei kaupapa i ngā wā katoa. Ngā mihi ki a koe mō tō whawhai mō ō tātou hōia i ngā tau kua hipa atu nei. Ngā mihi ki a koe e te hoa e te hoa tawhito koutou katoa ā tēnei te mihi ki a koutou ā tēnā anō tātou.[Firstly it is fitting that you are acknowledged Madam Deputy Speaker at this time. It is apt that you are congratulated as you turn your leadership cloak upon us at this period of time. Compliments to you Madam Deputy Speaker. At this moment it is right to go back to you my friend Ron. Compliments to you friend who championed this scheme at all times. Acknowledgments to you for your battle on behalf of our soldiers over the past years. Congratulations to you the friend the companion of old so to all of you I thank you and all of us once again.]First of all Madam Deputy Speaker I haven't had a chance to congratulate you on your new appointment. So congratulations well done ngā mihi. I stand here today to pledge Labour's support for the bill. I was going to say it's got a great taint now because Mr Mark is advancing it but I don't want to be ungracious to the Opposition and so I certainly acknowledge what the Minister of Defence Ron Mark said in terms of the work that the former Minister of Defence Mark Mitchell did. It's only right and appropriate that we acknowledge some of that work. We're certainly not ungracious on this side of the House. It was a non-controversial piece of legislation introduced into the House in August this year which I think reflects the importance of having cross-party support. As the Hon Ronnie Mark pointed out the bill introduces new elements of fairness and equity to the military justice system by amending the Armed Forces Discipline Act of 1971 the Court Martial Act of 2007 and the Court Martial Appeals Act of 1953. In introducing these new elements of fairness and equity can I say that I expect everyone in this House will wholeheartedly endorse these amendments. As the honourable member said the amendments will create a closer alignment between the military justice system and the broader criminal justice system. At the same time the bill enhances the rights of the victim which of course we know is really really important and is something that many of us have worked at out there in the communities in past years. This Government has a strong belief and an equally strong commitment to victim's rights whether they be within the civilian sphere or the military sphere. That's what any Government irrespective of its political bent would expect and this Government is committed to ensuring that we deliver on this expectation. I want to pay homage to our armed forces and on behalf of the House express our gratitude and deep appreciation for the way in which they serve without question our country and its well-being. Sacrifice is not unknown to them—as Minister Mark knows more than anyone else—especially when they're called up to serve on foreign soil. Often that means leaving behind their respective families and friends for months on end and for some who are posted to hostile environments that sacrifice is even more poignant. They serve in the proud tradition of those who served our nation in the theatres of war that our forces have been involved in: the Boer War the two World Wars and Vietnam to name but a few. When we talk like this—as Minister Mark knows—we often reflect on the proud history of Māori and their service. The 28th Māori Battalion is something that is dear to many of us who are grandsons and mokopunas of soldiers who fought in the Second World War—my own grandfather served as a captain with the 28th Māori Battalion—and it's appropriate that we acknowledge that. We acknowledge that because what this is all about is the effort and the history behind all of this. Besides on the battlefield our military have such a proud history of serving in a peacekeeping capacity and their reputation for how they carry out this role is acknowledged internationally as being second to none. So we have much to be proud of as a nation in the calibre and quantity of our defence forces. I just needed to take that opportunity to acknowledge them. Ngā mihi nui e rau rangatira koutou rā hei hiki hei kawe i te kaupapa o Tūmatauenga.[Huge acknowledgments esteemed ones of a hundredfold you collectively are the ones indeed who will raise and bear the god of war policy.]So on the basis and sentiment that we agree with the principle that the military justice system should ensure that our armed forces personnel have the same rights enjoyed by civilians in the criminal justice system the right to a fair trial and to be treated accordingly through this process and fairly is paramount. At the same time we recognise the importance of keeping the nature of the military justice system intact because of the unique mahi—unique work—they are required to undertake including the risks disciplines and expectations that characterise the military environment. The honourable member who is moving that the bill be read for a first time has covered off the range of issues for review in this important piece of legislation with a view to updating the system and at the same time making sure that the right to a fair trial is respected through the judicial process. Whilst not wishing to reiterate some of the issues I'd like to just single out one or two for further comment. The first one of course is this court martial procedure. The current legislation as it stands is unfair with regard to an accused who is deemed unfit to stand trial particularly in the light of the rights that exist for those who are subject to the civil law and who are considered unfit to stand trial. This is a major anomaly that needs to be addressed and this bill provides for the opportunity to do that. The other matter I want to highlight because I think it's important to the whole issue of fairness that I've been talking about is the powers that this bill gives the Director of Military Prosecutions to object to the assignment of a particular member to the court martial in the event that there is an inappropriate relationship—as Minister Mark talked about—between members of the court martial and the accused. As the honourable member said unless the legislation is changed to deal with this the potential for a miscarriage of justice remains a major risk. I want to also put the spotlight on the onus of proof issue. Under the current system there is an unfair and unequal burden of proof on the accused in comparison to what exists in the criminal justice system where the onus of proof is squarely on the prosecution. The bill provides the opportunity to address this anomaly and to ensure that the military justice system abides by the principle of being innocent until proven guilty. I commend Minister Mark for bringing this forward. He has been a fighter for our people in the military for many many years—having served overseas—and it's wonderful today that we're able to advance this issue alongside National. It's good that we're able to work in such a collaborative way to advance something that is very very important in terms of not just our military but the whole of New Zealand. New Zealanders—Kiwis—are watching us at this time. They see the disagreements and sometimes the behaviour in the House—probably from both sides—that they don't always approve of. But when these types of bills comes along it's good that we can work in unison and advance this sort of kaupapa for the benefit not just of our military but of our communities who are looking at us as leaders and representatives for them. So it was only right that Minister Mark acknowledged Minister Mark Mitchell—sorry; former Minister of Defence Mark Mitchell—and of course former Minister Gerry Brownlee. This Government looks forward to feedback through the select committee process and to further considerations of this bill when it comes back to the House. I'm sure that at all times we'll be looking to acknowledge the work of our brothers and sisters in the military who don't always get a good rap and don't always get the support that they should get but today we're on track now in terms of according them the same types of rights that so many of us enjoy from day to day. So in conclusion we on this side like on the other side support the bill being referred to the Foreign Affairs Defence and Trade Committee and we hope to refer it there for consideration. Nō reira tēnā koutou katoa.