Mallard Trevor: Questions for Oral Answer — Questions to Ministers 
Mallard Trevor: Questions for Oral Answer — Questions to Ministers 
[Volume:669;Page:15827] 
6. 
Hon TREVOR MALLARD (Labour—Hutt South) 
 to the  
Minister of Education 
: Which Ministers if any did she personally consult on the question of removing the requirement for police checks for employees of limited-attendance early childhood centres before she introduced the Education Amendment Bill (No 2)? 
Hon BILL ENGLISH (Deputy Prime Minister) 
 on behalf of the  
Minister of Education 
: The Minister consulted all her colleagues in the normal Cabinet process. 
Hon Trevor Mallard 
: Why is she proposing to remove the primary protection against paedophiles working in gym and shopping mall creches? 
Hon BILL ENGLISH 
: That is not correct. As has been explained in the House by the Minister a number of times the advice is that the Education Act 1989 is not the appropriate place for regulation of an activity that is not related to education. Laws such as the occupational health and safety legislation cover this situation. There is a legitimate argument about the extent to which Parliament should try to legislate for police checks on anyone who is caring for children who are not in the care of their parents which includes everybody from Sunday school teachers through to sports coaches. That is a legitimate argument but the Education Act 1989 is not the place to legislate for it. 
Hon Trevor Mallard 
: Who is the Minister who will be responsible for the limited-attendance centres when the legislation is passed? 
Hon BILL ENGLISH 
: I do not have that information in front of me but I am happy to go and get the answer for the member. 
Hon Trevor Mallard 
: In light of the fact that she will be the Minister responsible when the legislation is passed will she take responsibility for ensuring that paedophiles do not work in gyms and shopping mall creches? 
Hon BILL ENGLISH 
: That responsibility as it should be is primarily the responsibility of those who have responsibility for those workplaces. It is the same responsibility that is given to sports coaches people who run Cubs and people who run swimming lessons and music lessons. I appreciate that this is a legitimate issue about which we may be concerned but Parliament would need to consider pretty carefully how far it went in requiring police checks of anyone who was not a parent and who was looking after a child. 
Hon Trevor Mallard 
: Did she read the advice from the Ministry of Education prior to introducing the Education Amendment Bill (No 2) that warned her that an effect of it was to remove police checks from staff at limited-attendance early childhood centres? 
Hon BILL ENGLISH 
: Yes the Minister did read the advice and she considered that advice in the context of the wider issue that we have been discussing which is that these centres are not providing early childhood education; therefore they will not be regulated in the same way as an early childhood education centre. There is a legitimate issue about the extent to which Parliament would require police checks of any adult who is supervising a child. In this context the occupational safety and health law puts responsibilities on people in charge of those workplaces to ensure that they take all practicable steps to make sure of the safety of the people in them. 
Hon Trevor Mallard 
: Having received and read the advice prior to introducing the bill why did she then tell the House during the first reading of the bill that it was not her intention to remove police checks from staff at limited-attendance early childhood centres? 
Hon BILL ENGLISH 
: I am not sure that the member is representing the Minister’s comment correctly. The Minister was commenting to the effect that the Education Act 1989 was not the place for regulating these types of centres any more than it is the place to write rules for sports coaches in whom many of us parents commit the trust and care of our children for many hours a week as we also do with music teachers and people who run any kind of youth group. The Minister has considered those issues and believes—as I think Parliament would—there is a legitimate issue about how far Parliament goes to require police checks on any adult who is not a parent and who is in charge of children. 
Hon Trevor Mallard 
: I seek leave to table a document that indicates that at the first reading the Minister said that it was not— 
Mr SPEAKER 
: What is this document? 
Hon Trevor Mallard 
: It is my  
Hansard 
. 
Mr SPEAKER 
: We do not do that.