Donnelly Brian: Civil Union Bill — In Committee Procedure 
Donnelly Brian: Civil Union Bill — In Committee Procedure 
[Volume:622;Page:17584] 
Hon BRIAN DONNELLY (NZ First) 
: 
 On 16 May this year the people of Switzerland were confronted with a referendum on a proposal to reduce income taxes. The people voted the proposal down. I kid members not; they voted against a proposal to reduce taxes. The Swiss are used to referenda. Indeed their system is built upon binding referenda a system that formally goes back to 1848 when the Swiss federation was being established. So fiercely independent were the cantons that they would not agree to federation unless all powers rested with the cantons unless specifically stated in the constitution and more important the constitution could not be changed unless changes were agreed to by the people. Indeed a double majority is required: a referendum has to be won by a majority of the people and a majority of the cantons. But the Swiss also have what is known as legislative or facultative referenda. Any law that is passed by the Swiss Parliament has to go to a referendum if 50000 people sign a petition within 90 days of the law being passed. Karl Buerkli the father of the legislative referenda that started in 1874 said: “The people will find the right way to social freedom because they feel themselves its daily sorrows and the need for change.” 
Earlier this year I did a week’s study tour examining the way the Swiss use the referenda. One of the people I met was Yves Christen a Mayor of the city of Vevey for 16 years and an ex-Speaker of the Swiss Parliament. When talking of referenda he said time and time again: “The people are very clever.” What he meant was that if we trust them the people will get it right. 
That brings me to my amendment the effect of which will be that this law will not come into effect presuming the bill is passed unless it passes a referendum at the next election. It is my contention that this bill to create civil unions changes the nature of our society. Therefore it should go to a national referendum. The people should have the opportunity to have their consciences recorded on this issue. I can understand why some people do not want to have a referendum. I can understand that it would enable another round of blatant bigotry from some quarters. However I am convinced that a referendum would uncover the true face of New Zealand and that it is a face of tolerance and acceptance of difference. The sad feature of the passage of this bill is that the true face of our people is not being exposed. I have faith in the people of New Zealand and in their sense of fairness. The reason that no MP who opposes this bill has put up a bill to recriminalise homosexuality is that MPs know that there is no such call from the community. 
I respect the consciences of those who oppose this bill. In most cases it is not hostility towards homosexuality that drives their actions. However it would seem to me that all those who oppose the bill would logically vote for the referendum clause because if they genuinely believe the bill should not become law then that is the only way to prevent such an outcome. So I call upon Taito Phillip Field John Tamihere Clayton Cosgrove and Damien O’Connor to vote for my amendment. If they are to be true to their consciences they will vote for the referendum clause and if they do so it will be won. The ultimate power lies in their hands and it is their voting on the referendum clause that will determine the result. The question is: are they being whipped over this vote? If they are being whipped then it makes a mockery of the conscience vote. 
I come back to the statement by Buerkli: “The people will find the right way to social freedom because they feel themselves its daily sorrows and the need for change.” I have been overwhelmed by the response to my speech yesterday from a number of people who have recounted similar family experiences to mine. I say to them and to this Committee: have faith in the people. If we put our faith in the people they will get it right. I believe that they will support this legislation and that that will put the matter to rest forever more.