10. Electoral (Integrity) Amendment Bill—Consistency with Existing LegislationHon Dr NICK SMITH (National—Nelson) to the Minister of JusticeElectoral (Integrity) Amendment Bill—Consistency with Existing Legislation10. Hon Dr NICK SMITH (National—Nelson) to the Minister of Justice: How is his Electoral (Integrity) Amendment Bill enabling a member of Parliament to be dismissed consistent with section 23 of the Parliamentary Privilege Act 2014 that states (1) The House has no power to make a member's seat become vacant by expelling the member (whether to discipline or punish the member to protect the House by removing an unfit member or for any reason or purpose) from membership of the House" and "(2) Subsection (1) overrides any law to the contrary"?Hon ANDREW LITTLE (Minister of Justice): The Government's Electoral (Integrity) Amendment Bill is consistent with section 23 of the Parliamentary Privilege Act because it does not provide for any member to be expelled by the House.Hon Dr Nick Smith: How can the Minister say it does not allow a member of Parliament to be dismissed from the House when section 55B explicitly says that a leader of a political party serves a notice to a leader and at that point the member's seat becomes vacant?Hon ANDREW LITTLE: The actions of a leader of a political party and indeed members of the caucus of a political party represented in Parliament do not constitute the House.Hon Dr Nick Smith: Does his Government continue to support the principle established 330 years ago with the Bill of Rights and codified unanimously by this Parliament in 2014 that voters alone get to dismiss MPs?Hon ANDREW LITTLE: Yes.Hon Dr Nick Smith: If he agrees with the principle that voters alone get to dismiss MPs why is he promoting a bill in this House that gives the power to party leaders for a member's seat to become vacant?Hon ANDREW LITTLE: That member is yet again wrong when he says that the Electoral (Integrity) Amendment Bill provides for a leader of a political party represented in Parliament to remove a member of the House. The leader of a political party represented in Parliament under the Electoral (Integrity) Amendment Bill has no such power.Hon Dr Nick Smith: How can the Minister claim that the leader has no power to dismiss a member of Parliament when section 55B in his bill specifically sets down the process for a leader to do just that when his own officials before the select committee say that that's what it does and when over 21 constitutional experts have said that is what his bill does?Hon ANDREW LITTLE: That member has misunderstood or mischaracterised the provisions of the Electoral (Integrity) Amendment Bill. No leader of any political party represented in Parliament under the Electoral (Integrity) Amendment Bill has the power to remove a member of Parliament.Hon Dr Nick Smith: Why is his Government refusing to release the advice of officials on whether his bill is compliant with the important bill of rights?Hon ANDREW LITTLE: I'm not quite sure what the member is referring to. The Attorney-General has provided a section 7 certificate in relation to the bill and finds that it is consistent with the New Zealand Bill of Rights Act."