Pillay Lynne: Crimes (Provocation Repeal) Amendment Bill — First Reading 
Pillay Lynne: Crimes (Provocation Repeal) Amendment Bill — First Reading 
[Volume:656;Page:5660] 
LYNNE PILLAY (Labour) 
: 
 Along with other members in the House I am pleased to stand and speak in support of the Crimes (Provocation Repeal) Amendment Bill. I first acknowledge the work done by my colleagues Lianne Dalziel and Charles Chauvel who worked very hard on the recommendations. In fact I also acknowledge the work done by the Law Commission over a considerable period of time on this really important issue. The principles of this bill were originally brought to this House not very long ago in Lianne Dalziel’s member’s bill. I think that it has been a very sensible pragmatic approach for the Government to acknowledge how important this issue is. I can see Simon Power nodding his head in acknowledgment of that. This bill is now before the House—and certainly not before time. 
I do not want to be negative but I noted when reading the Law Commission’s report the comment that the repeal of the provocation defence would have been enhanced by the provision of a guideline. I think the recommendation at that time was for a guideline from the sentencing establishment unit. If there is one thing I am sorry about it is the disestablishment of the Sentencing Council. I think that in these circumstances it would have added value. 
However we are not here to languish for the council; we are here to look forward. In doing so I say this measure is very much about justice. It is really important that many organisations and in particular I acknowledge Women’s Refuge have been very vocal on this issue. I acknowledge the work that that organisation and other victims organisations have done in advocating for the rights of not only the victim the person who has been the subject of a murder but also the families and friends who have lost their loved one in such a ruthless way and who have then had to go through another re-victimisation process in terms of sitting through the court process and hearing the provocation defence. I know that nothing will relieve the anxiety and pain associated with that and none of us can really realise how devastating that is for families. No one can repair that. 
But I know it will certainly be of some reassurance to people who have been in that situation that all parties in this House except for the ACT Party are at this stage supporting the referral of this bill to the select committee. I note that the ACT Party although it gave a supportive speech has made it very clear that it is supporting only the bill’s referral to the select committee. But I am convinced that through the submission process through hearing submissions from the families and organisations that will have their say those members will become absolutely convinced about the merits of this bill. The bill deals with an injustice within our justice system and it offers the ability to correct it. We have before this House a bill that I hope will attract support from every party although that does not happen often in justice matters. I think that would be a very good message to give to victims in this country. It would tell all perpetrators of crime that this Parliament does not believe that a provocation defence is acceptable in this day and age and it would give the message that the re-victimisation that happens through that process is just completely unacceptable. 
I stand along with my colleagues and other members of the House in commending this bill. I am very pleased that it is to come to the Justice and Electoral Committee. I know because this always happens with regard to bills of this nature that we will have many submissions and that many people will come and tell their stories. That will be very painful for them and it will be very moving for the members of the committee but it is something that is important. It is important to our justice system and it is important to all New Zealanders. I am very proud to commend this bill to the House.