McAnulty KieranKIERAN McANULTY (Labour): It's an absolute delight to stand here and speak in favour—just like my comrades here on this side of the House—of the Commerce (Criminalisation of Cartels) Amendment Bill. This bill seeks to address the mistake—yet another mistake—that was made by the previous Government. Here we are yet again: another example of this Government cleaning up the mistakes of the previous Government. This was touched on by Andrew Bayly—Old Yeller" himself—who stood there and said that this is essentially a National Party bill. And he was right because when this bill was first introduced to this House back in 2012 it proposed the criminalisation of cartels and they backed off. They fluffed it up and here we are having to fix their mistakes. Madam Deputy Speaker if you would indulge me let me read this quote please: "I believe that with the introduction of criminal sanctions"—in relation to cartels—"New Zealand stands to benefit in three ways. First is the increased deterrence of hard-core cartels due to the severe sanctions associated stigma and possible restriction of an individual's freedom. Second is the increased detection of hard-core cartels from improving the effectiveness of the leniency regime by increasing the value to the individual applying for leniency. The leniency regime is administered by the Commerce Commission and encourages cartelists to come forward in return for leniency. Third is an improved ability to cooperate and detect cartel conduct." That wonderful quote which outlines exactly why we need to criminalise cartels was made by the National Party Minister who introduced the bill in the first place: Craig Foss. Hon Ruth Dyson: What happened to him? KIERAN McANULTY: What happened to Craig Foss? I spend a lot of time in Hawke's Bay. The Wairarapa electorate goes up to central Hawke's Bay just above Waipawa—in fact I'm going to be there tomorrow—and what do I hear whenever I walk around Central Hawke's Bay? They say "Bring back 'Fossy' ". They say "Bring back Craig Foss. At least he lived in the electorate and at least he worked hard." DEPUTY SPEAKER: First of all you must refer to people by their proper name—KIERAN McANULTY: And that's what I tell them Madam Deputy Speaker. DEPUTY SPEAKER: —and second of all I'd like you to speak to the bill. KIERAN McANULTY: Dead right—what a great bill. This bill will fix the mistake that the previous Government mixed up because what it will do is it will increase penalties and make them a criminal matter when having them as a civil matter simply does not fit the bill. Craig Foss thought that I think that and my comrades on this side of the House think that because of course a civil matter—[Interruption] All I hear from the other side of the House is jealousy—jealousy. When they look to their left and their right like I do now—when I look to my left I see my mates and when I look to my right I see my mates and then when they look to their left they see knives and daggers. That is not a very safe environment to be in. But over here we're getting things done like looking to pass this bill. In a civil matter if found guilty of course the company will pay or the insurance will pay and in a situation when cartel behaviour can significantly benefit a business a fine that is disproportionate to the potential profit is not a fair deterrence. Dr Duncan Webb: No. It's just a tax. KIERAN McANULTY: It is just a tax. My learned colleague from behind me Dr Duncan Webb who knows about these things and who spoke in favour of this bill says that this is where we should move. They say that this will have a chilling effect. I say that what will have a chilling effect is behaviour that works against the interest of consumers. This Government stands here proudly introducing bills that will help consumers so that people can have faith that businesses are acting in good faith within the rules and so that we as consumers can operate within a system that gives us confidence. I have no hesitation in commending this bill to the House."