Smith NickHon Dr NICK SMITH (National—Nelson): The next amendment that this committee needs to consider relates to the important role that the Electoral Commission has. What we propose to do with this amendment is to extend the functions of the Electoral Commission to include reporting on the use of the new vacancy provisions where a leader can sack a member of Parliament. I think this Parliament has a great deal of respect for the independence of the New Zealand Electoral Commission. They conduct our elections and actually I'm very proud of the fact that in the last general election we got one of the highest rankings in the world for the conduct of our elections and for the standing of our democracy. In fact The Economist magazine last year ranked New Zealand the third-best of 170 democracies in the world.Our concern is that this bill is going to take us backwards. Why do we know that? Well we know from reputable organisations like the Inter-Parliamentary Union that these measures are described as political party dictatorships". In fact the Inter-Parliamentary Union goes even further and says the free mandate of members of Parliament is essential to any parliamentary democracy. So what we're saying with this amendment is that we need the Electoral Commission to independently report on the use of these new provisions.I am deeply worried that these amendments are going to be used in the words of the Government's own Attorney-General to chill the expression of views of dissenting members of Parliament. That's what the Government says the bill will do. So I would say that we need someone somewhere to act as a check on this extraordinary power that is being created. We think the appropriate check should be a new requirement in new clause 5(g) of the principal Act for the Electoral Commission to have to consider and to report to this House on those new measures that allow a party leader to dismiss a member of Parliament.What sorts of things would I expect to be covered in those reports? Well I'd expect the Electoral Commission to look at whether there was fair process because there's very widespread concern about the processes in this bill: the fact that it breaches the New Zealand Bill of Rights Act in the views of 21 constitutional lawyers; the fact that there is very little definition—as we've debated—around the issue of what constitutes acting in such a way that a leader of a party is entitled to dismiss you.It would enable the Electoral Commission to report on the issue of a by-election because where a member of Parliament is dismissed the Electoral Commission will then have the responsibility for organising the by-election in that particular area. Can I tell you why it is a real question and why the Electoral Commission does need to report? It is this: anybody that's been involved in a by-election—do you know what the public asks first? "Why are we having a by-election?"—they do. They're surprised and they will be surprised when they find that their democratically elected member of Parliament has been dismissed—CHAIRPERSON (Poto Williams): Can I just remind the member that this proposed amendment will not have anything to do with the conduction of by-elections.Hon Dr NICK SMITH: Well Madam Chair—CHAIRPERSON (Poto Williams): No. I know that member is—Hon Dr NICK SMITH: Well Madam Chair what this provision does is it requires the Electoral Commission to report to the House on any use of vacancy provisions that are created under section 55 and new section 55AAB. Let's be honest about what happens in new section 55A: an MP gets dismissed and there's a by-election. So in my view it is entirely appropriate.What's more than that is this: if the member is a list member it is the Electoral Commission that has the responsibility for approaching whoever is the next member of Parliament on the list and with them being returned as the new compliant member of Parliament—having been able to get rid of a dissenting one. Now my view is it is entirely appropriate that this Parliament requires the Electoral Commission to regularly report to Parliament. I put it to the committee that there is a long list of matters and functions of the Electoral Commission: section 5(a) (b) (c) (d) (e) (f) and now (g)."