Prebble Richard: Electoral (Vacancies) Amendment Bill — First Reading Second Reading Instruction to CommitteeCWH In Committee Third Reading 
Prebble Richard: Electoral (Vacancies) Amendment Bill — First Reading Second Reading Instruction to CommitteeCWH In Committee Third Reading 
[Volume:610;Page:7730] 
Hon RICHARD PREBBLE (Leader—ACT NZ) 
: 
 I raise a point of order Mr Speaker. I now raise a different point of order but a very serious one which I believe you should give very serious consideration to because it concerns the reputation of the House and indeed of yourself. You told the House—and I am not questioning it—when you were referring this matter to the Privileges Committee: “I will be guided in my actions under the Electoral Act by the committee’s report and the House’s conclusions on it.” I think that in doing so you were mindful of the fact that the way that vacancies in Parliament used to be declared actually required a resolution of the House. If you look at  
McGee 
 you will see that it sets out that the Speaker can do so only on being ordered by the House; the Speaker then issues warrants. That of course is a matter that caused some debate within Parliament and Parliament decided to change the law. We decided that it was not appropriate that a vacancy be declared as a result of a party vote and we changed the law so that it now is not a question for Parliament; it is actually a matter of statute law. The instruction to you in the statute is quite clear; section 129(1) states: “If the Speaker is satisfied that the seat of a member elected to represent an electoral district has become vacant the Speaker must without delay publish a notice of the vacancy and its cause in the  
Gazette 
.” 
Mr Speaker you quite properly said that you as Speaker did not feel that you could do that until you had heard from the House. Well you now have heard from the House. The Government cannot manipulate the Order Paper. It is not that you said you would wait until you had heard from the Privileges Committee debate; you said you would wait until you had heard from the House. We are now in a position where you as Speaker have heard that the Privileges Committee listened to this matter and after listening to it every single member of that committee I think actually thinks the seat is vacant. The National Party members on the committee Mr Carter and Mr Mapp were quite clear in their minds. The Green member of Parliament who actually turned up to the Privileges Committee saying she did not think Mr Duynhoven’s seat was vacant listened to the submissions from the Solicitor-General and from the Clerk of the House—who you have told us is the best Clerk in the Commonwealth—who were quite unanimous that there is no ambiguity: the seat is vacant and has been from at least 11 June. The United Future member of Parliament who also arrived at the Privileges Committee saying he did not think the seat was vacant listened to the argument and said that yes it was. I was of the view when I read it— 
Mr SPEAKER 
: Will the member come to the point a little more quickly. 
Hon RICHARD PREBBLE 
: I am making this clear to you Mr Speaker because you know all those facts. You know them from the House. They have been recorded; they are now in  
Hansard 
. Your statutory duty is to act without delay. It is not a matter that you do in the House and I am saying to you that your duty for the integrity of this Parliament and for your own integrity is to go from this place to your office right now declare the seat vacant and issue the writs. Not to do so gives the impression that in fact you are colluding with the Government in trying to prevent this part of the Electoral Act from taking place. I just say Mr Speaker that I am concerned about your reputation but I am also concerned about the reputation of this House. That is your duty and you should go and do it.