Appointments — OmbudsmanText is incorporated into the Bound VolumeAppointments — Ombudsman[Sitting date: 11 October 2007. Volume:642;Page:12308. Text is incorporated into the Bound Volume.]AppointmentsOmbudsmanHon Dr MICHAEL CULLEN (Leader of the House): I moveThat pursuant to sections 3 and 5 of the Ombudsmen Act 1975 this House recommends His Excellency the Governor-General appoint David Graham McGee CNZM QC of Wellington as an Ombudsman for a term commencing on 19 November 2007.I would like to place on the record our appreciation of Mr McGee’s 22 years of service as Clerk of the House of Representatives. The Office of the Ombudsmen in New Zealand has a long history by international standards. With the passage of the Parliamentary Commissioner (Ombudsman) Act 1962 New Zealand became only the fourth country in the world to establish an Ombudsman position and the first country outside of northern Europe to do so. The office provides an avenue of redress for NewZealanders who feel that Government agencies have made unfair or inappropriate decisions. In providing this avenue the office has a healthy impact on the ways that agencies make decisions in the first place.In establishing the position 45 years ago Parliament was underlining the importance of openness and transparency to the health of our democracy and to the sound functioning of our Government. This has contributed not only to New Zealand’s sustained reputation as one of the most transparent and corruption-free nations in the world but also to the health of other Commonwealth democracies that have used our model as the basis for their own ombudsmen positions. Today approximately 200 ombudsmen are serving in 100 or more jurisdictions and territories.In recommending the appointment of an individual as Ombudsman this House has a responsibility to ensure that any candidate is able to appreciate the history and importance of the office and to put into practice the values upon which it was created. In recommending the appointment of the Clerk of the House Dave McGee this House is without question fulfilling that responsibility.Mr McGee arrived in New Zealand in 1972 as a ten pound immigrant from England. Following work in the old Legislative Department he became a Clerk-Assistant in 1976 and Deputy Clerk in 1984. The following year 1985 brought two important milestones in his career. The first milestone was the publication of his bookParliamentary Practice in New Zealand which was immediately—and in its subsequent editions it remains—the standard reference work on the operation of our Parliament. The second milestone was his appointment as Clerk of the House following the retirement of the long-serving Charles Littlejohn.The longevity of Mr McGee’s service as Clerk is a mark of distinction in and of itself but it is his contribution in guiding this House through a period of significant change that is his most important achievement. The creation of the Parliamentary Service; major changes of the Standing Orders which he helped to draft; and a reorganisation of select committees occurred within the first weeks of his tenure. These changes had significant implications for the Office of the Clerk requiring a refocusing of the role away from many of its administrative functions and on to its constitutional responsibilities.The most significant changes however came with the electoral reforms of the 1990s. As a member of the Electoral Referendum Panel Mr McGee played an important role in making sure the public could make an informed choice about whether to change our electoral system and about how we might change it. Following the decision to adopt MMP the Clerk had a major role to play in advising members on how the procedures of the House needed to change. This included a further—and indeed a very substantial—reform of the Standing Orders formal recognition of political parties in the House and further changes to the operation of select committees.It was without question the greatest period of change in this House’s history and our largely smooth transition through it is in no small part a credit to Mr McGee’s guidance. What distinguished his service through that period of significant change however was not the zeal of amoderniser but the traditionalism of someone with a great respect for the institution of Parliament and its history. He has understood that Parliament must change with the times but must not lose sight of the traditions that have served the House well in its over 150 years’ history and of course reaching back further into the history of Westminster.In recognition of Mr McGee’s service he has already been made a Queen’s Counsel and a Companion of the New Zealand Order of Merit. He is recognised as a leading expert on parliamentary practice throughout the Commonwealth. It is fitting as he moves on from the role of the Clerk that this House recommends his appointment to aposition where his considerable skills and knowledge and his respect for our democratic institutions can be put to good use.On a personal note it has been a great pleasure to work closely with Dave over many many years especially in my role as Leader of the House and indeed previously as senior Government whip. We have not always agreed on every point. Sadly for tribal and genetic reasons he remains a supporter of Sunderland whereas I remain for the same reasons a supporter of Spurs but his intellectual strength and integrity have always had my respect. When we have not agreed I have tried not to lose sight of the challenges of his very difficult role.New Zealanders as we have seen just this week are not always fond of the referees in our society and sometimes with very good reason. Many forward passes and occasional fouls occur in this House that are not actually seen by the referees. There is no question that in helping the Speaker to referee the House on a daily basis his speed in writing notes and passing them is something to behold. The role of the Clerk is one of the most difficult officiating positions in Parliament. Sustaining his trademark calm and thoughtful demeanour in the middle of question time—indeed on occasions he is almost the only person to maintain a calm and thoughtful demeanour during question time—for over two decades has been no small achievement.It will be a sad day for this House to see Mr McGee move on from the role of Clerk. Only a very few of us in this Chamber have served with another Clerk of the House. None of us has served in this House as long as he has. I thank him for his service. I wish him well in his new role as Ombudsman; I suspect we will have occasional differences of opinion in that role as well. New Zealanders are fortunate that his talents will continue to be put to good use in the service of the New Zealand public over the next 5 years.Hon BILL ENGLISH (Deputy Leader—National): I stand to wholeheartedly support the Government motion and to join with the Government in recognising the long service of David McGee. I congratulate him on his appointment to the Office of the Ombudsmen.I support everything Dr Cullen said. Dr Cullen would be acknowledged as being probably one of the few parliamentarians who has a long and deep knowledge of the procedure of Parliament so he is an expert acknowledging the superiority of another expert in David McGee. That is a compliment in itself.As a measure of David McGee’s length of service I tell members that he has had 33 years in the Office of the Clerk. He has served under six Prime Ministers—Lange Palmer Moore Bolger Shipley and Clark—some of whom have lasted longer than others. He has also served under eight Speakers. Just to remind Parliament how far back that goes there is yourself Madam Speaker; Jonathan Hunt; Doug Kidd; Peter Tapsell; Robin Gray; Kerry Burke; Gerard Wall; and going back to Sir Basil Arthur. If there was ever a collection of people who had the combination of idiosyncrasy as well as political understanding it is that line-up of Speakers. Though I was not present in the room for any discussions between the Clerk and any of those individual politicians I know from watching David McGee in action that at all times he would have been politely directional when it was required and totally professional in his opinions and advice.Dr Cullen remarked that sometimes the Clerk has been the only person in the House who has kept his head. I think that is David McGee’s outstanding characteristic. Not only does he have a sufficient grip of complex constitutional and parliamentary issues that he has published three editions ofParliamentary Practice in New Zealand—which is far and away the most authoritative source on these matters in New Zealand and probably close to the most authoritative source on these matters in the Commonwealth—but also he has the personal disposition that has allowed him to be thecalm professional in this political pressure cooker day after day week after week and as it has turned out decade after decade.As Dr Cullen pointed out it was David McGee who shepherded this Parliament through the changes to MMP. I am very pleased that we had with us someone of exactly the sort that Dr Cullen described—someone who understood the traditions conventions and philosophy of this Parliament. In my view David McGee enabled this institution to survive the design of the idealists who were behind the MMP system. I think some of them imagined that MMP would transform politics; it was never going to. David McGee helped us to find the right balance between change that reflected the public mood and the requirements of the new system with at the same time managing that instinctive balance of rules flexibility and understanding of our flawed humanity that makes this institution work from day to day.He exercised judgment reasonableness and in my view some vision. It is difficult particularly for someone in a procedural job to understand that things can and should change. Changes have happened in this Parliament that I did not like and that I am sure David McGee did not like but he was able to see what was required to ensure that the institution maintained its credibility and did not lose its past when our electoral system changed. I thank him for that.I also thank him for advice he gave me in my role as leader of a political party and occasionally at other times when I have required it. I like the way that he does not really humour politicians too much. When a politician goes down to see him he is pretty straightforward. Often a politician goes to see the Clerk only when something really matters which means that he or she is in a state of some excitement about some wrong that has been done or about some procedural opportunity the politician thinks he or she has found that no one else has found. David McGee stripped down the arguments very quickly sometimes in a matter of a few minutes. One went away with the best advice one could get and sometimes slightly calmed down by his reasonableness.We wish David McGee well in his transition to Ombudsman. If I were to give him just one piece of advice as a new Ombudsman—which of course he may not need and may not take any notice of whatsoever—it is that between himself and others he should use his thorough background in the political and parliamentary system to give us some advice about the Official Information Act. The Act is pretty old legislation by our standards and the Ombudsmen’s office is now in a constant state of wrangling between the Opposition and Government about how the Act should be used. Some of the Act is simply quite dated. It has no provisions to deal with electronic information. That is one contribution that David McGee could make to the ongoing process of executive accountability which is the primary function of Parliament.We wish him well. I just hope he does not get bored over there. I know that we are generally a humble lot but I think we have made his life pretty exciting. That is why he has stayed for 33 years. We do things that are unpredictable we try to change the rules and we are allowed to write our own rules. I do not think there would have been too many days when he has come to the office and gone home thinking it was not worth it. So I say to David: “Please stay interested; don’t get bored.” I hope that we see the extent of the contribution he has made here to this Parliament now made to the Office of the Ombudsmen.PETER BROWN (Deputy Leader—NZ First): On behalf of New Zealand First let me say that we endorse absolutely the motion. It was always the intention of my leader the Rt Hon Winston Peters to take a call in the debate on this motion. Though I intended to do so also I am probably occupying the slot that Winston would have taken. Unfortunately due to the overrun of question time and a pressing engagement he has had to go. I would like to record inHansardhis thanks to David McGee for his effortsand I wish him well on behalf of Winston. Winston is the first to say that David McGee has done an outstanding job.David McGee has not only done an outstanding job in his role as Clerk of this House; he has done an exceptional job. He is not only highly regarded here by I suggest all MPs—current and former—but he has served this institution so well that he is respected internationally by Parliaments well away from New Zealand. He has a reputation when it comes to the administration of Parliament that is second to none. He has written a book as has been stated calledParliamentary Practice in New Zealand and it has been updated twice. It was written in 1985 updated in the 1990s and updated again in 2005 to encompass MMP. It is a tremendous book. It is a book that should be on every MP’s desk. I would describe it in succinct terms as being an MP’s bible. It tells one what happens in this place why it happens and all of the procedures—just about everything one can think of.However he has chosen to move on. He is now set to become an Ombudsman. We in New Zealand First have no doubt that he will become a very competent Ombudsman. He has all the qualities in abundance. He has an analytical mind and an inquiring mind. He has the ability to explain—as the Hon Bill English said—some very complex issues to break them down and to explain them very straightforwardly in everyday language. That is an exceptional gift. He has patience and a marvellous ability to concentrate. If anyone doubts that they should take note—and I am sure you do Madam Speaker—of the many many thousands of questions he has sat through and listened to intently. When there has been a glitch or a hiccup he has been quietly but swiftly to his feet giving written advice on how the matter or the glitch should be handled. For that attribute alone he deserves a medal.However he has chosen to become an Ombudsman. It is my understanding that in that role he will be addressing a number of problems. One of those I believe will be sorting out the problems of prisoners. Some would assert perhaps that having worked over many years with MPs he might well be well qualified for the part of his role dealing with prisoners. Other MPs may well take umbrage at my even suggesting that and say possibly that it is irrelevant. But prisoners are volatile people. They have their highs and their lows. They know what it is like to be at the bottom of the heap. I say this in jest because Dave McGee knows exactly that—not because of his dealings in Parliament but because he is a lifelong ardent Sunderland Football Club supporter and that football team knows what it is like to be at the bottom and to be volatile.To conclude on a more serious note I say that Dave McGee has served this House exceedingly well. He most certainly will leave a very difficult pair of shoes to be filled; it will be an enormous task. We have no doubt that he will become an excellent Ombudsman. He is a very fair-minded man with the patience of Job and he has the intellect to simplify as I have stated the most difficult and complex problem. I know he will do exceedingly well. On behalf of my colleagues in New Zealand First I take this opportunity to thank him for his service and his invaluable guidance from time to time. I wish him and his family all the very best. Thank you Madam Speaker.NANDOR TANCZOS (Green): Like other parties the Green Party warmly supports this motion. I will begin our speech in support by talking about the importance of the Ombudsmen first of all. I thank Dr Cullen for his brief history lesson on the office of the Ombudsman in this country. The Ombudsman is an independent Officer of Parliament and has an absolutely crucial role in helping to ameliorate the imbalance of power between the State and citizens and to hold Government departments to account in their treatment of citizens. I do not think the importance of that role can be overemphasised—particularly in a world where the powers of the State are increasingly encroaching on the lives of citizens.Just very recently we have had an excellent demonstration of the importance of that role in relation to the inquiry into prisoner transportation following the killing of Liam Ashley in a prison van. We need only think about the range of difficulties that have been faced by the Department of Corrections—not just in recent times but over a long period of time—to see how important it was that that inquiry was conducted by an independent and credible agency and that it was done with a level of rigour and fearlessness. I have to say that the Office of the Ombudsmen did an excellent job. It produced a comprehensive and authoritative report. The crucial thing was that the Ombudsmen did not do the investigation only by reading the papers and looking at the policies; they actually got out into the real world and really saw what was going on—even to the extent of actually getting inside prison vans to see for themselves what those were like on the inside. So the role of the Ombudsman is enormously important and as a result is highly respected by most New Zealanders.In that context it is a pleasure to speak in support of the appointment of David McGee to that role and first of all to agree very strongly with the words of members who have spoken very warmly in relation to David McGee and his time here. Like most members I have had the opportunity to seek the advice of David McGee as Clerk of the House. I have found him to be authoritative in his pronouncements and to be impartial in the way he approached matters. I want to really thank him for that because that is enormously important particularly when one is a bit of a young fresh MP trying to find one’s way around the Standings Orders and things like that. So as a result of those qualities I think he makes an excellent candidate for Ombudsman and I welcome the motion.In particular I want not just to acknowledge his personal conduct which members have already spoken warmly about but also to touch upon the leadership he has given in his role of Clerk and on his importance I think in developing a culture within the Office of the Clerk—a culture of professionalism and impartiality. That is enormously important. I have sat on the Justice and Electoral Committee since 1999 and have seen the clerks who have come through and serviced that committee. The level of service that members get from clerks in the committees and in the House is very very high. Certainly the current committee staff in the Justice and Electoral Committee are extremely good and I do not think we can underestimate the importance of the culture of the Office of the Clerk in supporting and promoting that culture of professionalism of impartiality—in fact of excellence. We know that David McGee is internationally respected for his work as Clerk of the House in this Parliament and his advice has been sought by people from other Parliaments because of his internationally recognised expertise. I think the clerks of our select committees have demonstrated and developed the same qualities and that his leadership has been crucial in that.I think David McGee is well placed to bring the same level of authority professionalism fearlessness and impartiality to the role of Ombudsman and to help maintain and strengthen that culture in that office. I am not saying that that is necessary—I think that that culture is already there—but I think he is a good person to enhance it.It is obvious that David McGee is highly regarded by members in this House and that is a very good basis for his taking up the role of challenging the Government and holding it to account in this role. The respect we all have for him means that any of his findings will be difficult to belittle—as Governments under pressure from adverse findings are sometimes tempted to do—as will be his advice. Really all I can say in finishing is that I offer him our best wishes. Kia kaha; go hard bro!Dr PITA SHARPLES (Co-Leader—Māori Party): Madam Speakertēnā koe. When one walks into this Chamber one sees the cameras which are often focused onthe drama intrigue and spectacle that is called politics. But when one walks out of the Chamber one sees the many distinctive and equally impressive people who make this place work. There is the Scottish wonder of Ellen the cheery conversations ofClarry the respectful protection of our security staff and the incredible resources of the library services—and many others. But there is one person who absolutely stands out amongst many. He is Parliament’s top official the head of more than 100 staff and the key adviser to you Madam Speaker: the Clerk of the House of Representatives.It is my honour on behalf of theMāori Party to support this motion to endorse the comments made this afternoon and to acknowledge with our utmost appreciation the outstanding contribution that David McGee has made to this Parliament. For over 34 years he has been a pivotal player in guiding Parliament and in monitoring the extent to which Parliament should be at the forefront of public debates.We stand also to mihi to a man who has not been afraid to make his mark on parliamentary practice in Aotearoa. In doing so he has never shied away from controversy or conflict. It was this man who backed the Privileges Committee in censuring Television New Zealand’s treatment of former chief executive Ian Fraser describing its behaviour as an egregious breach of privilege. It was David McGee who criticised the way that New Zealand enters into international treaties as being fundamentally undemocratic.It is the Clerk of the House who gets to deal with any evidence or reports that may adversely affect somebody’s reputation. Examples in recent years include the accuracy of home addresses for the Leader of the Opposition or our own HoneHarawira’s 2-day visit to the Northern Territory.It is the same person who in 2004 issued a scathing 24-page submission in response to the Public Finance (State Sector Management) Bill. His opening two lines bear repeating as an example of the clarity of the advice he has presented over the years: “Democracy entails accountability for the exercise of power. Accountability has a number of facets one of which is the executive being answerable to Parliament for its use of public resources to achieve specified outcomes.” I am sure that David as a student of democracy knows only too well how fragile the existence of the institution of democracy can be in any society—a view we in theMāori Party are also acutely aware of.Within everywhānauhapū and iwi there are wise elders who inspire and challenge us all as much by what they do not say as by what they do say. Their lifetime legacy is demonstrated in the art of understatement. Lessons are learnt by trying to interpret the stories told and by struggling over the meaning of past experiences. David McGee reminds me very much of these same wise elders. The impact of his institutional knowledge is immense. He has an enormous capacity for being able to look into history and to draw upon precedent to assist us in understanding the issues of the day. It is a quality that theMāori Party has come to attribute the highest value to.We have all appreciated the expert opinion he has shared so generously with us never venturing past the boundaries of political impropriety but adhering firmly to the conventions and procedures of the parliamentary process. He is truly a professional.As a new party the source of institutional wisdom theMāori Party found in David McGee has been particularly crucial in establishing a sound foundation for our future as a strong and independentMāori voice in Parliament. The institutional knowledge and memory he takes with him will be sorely missed. And we all know what happens to an institution when its memory goes. We just need to look at our Public Service and the difficulties that currently exist there as a result of the corporate juggernaut that marched through its ranks in the mid-1980s. Let history be our constant reminder.As an example of the imprint of his institutional memory I recommend that members of the House look at a paper from David McGee entitled “Concerning Legislative Process” which was published in theOtago Law Review earlier this year. In that paper he revealed a rather amazing fact. From analysing the speed of lawmaking over a 50-year period starting back in 1954 he found that the 2002-05 Parliament produced the lowest total of sitting minutes to pass each page of legislation. Whereas in 1984 for example the House required 22.4 minutes to pass each page of legislation in 2002-05 the time required had reduced dramatically to 12.3 minutes. As we consider the undue haste in which the House proceeds through its legislative programme we can only surmise that the speed of lawmaking for this 2005-08 Parliament will no doubt drop off the tally sheet.I have taken the time to outline some of these other distinctive characteristics from the reign of David McGee because I see them as having the right foundation for his next role as the third Ombudsman. The candidate specification outlines the fact that independence credibility and impeccable integrity are essential to that role. It is my humble opinion that we would be hard-pressed to find a better person than David McGee to fulfil such characteristics. Indeed his leadership is acknowledged throughout the Commonwealth. Perhaps his greatest legacy will be the 770 pages ofParliamentary Practice in New Zealandwhich occupies pride of place on any reputable MP’s bookshelf.The role of the Ombudsman is an essential facet of the democratic process. It is critical to the maintenance of public confidence in the bureaucratic system and public administration in Government. The Ombudsman provides a critical watchdog capacity to ensure that the machinery of Government operates in a fair and reasonable manner.As I have pondered on David McGee’s suitability for this position I was drawn to a comment he made in the submission I referred to earlier challenging the substance of the Public Finance (State Sector Management) Bill. David McGee drew upon an example established byGaiusPetronius in the year AD 66 who said: “I was to learn later in life that we tend to meet any new situation with reorganising and a wonderful method it can be for creating the illusion of progress while producing inefficiency and demoralisation.” As I said the wisdom of our olds is a gift to be treasured.TheMāori Party is confident that our support for David McGee to be appointed as the third Ombudsman will reap rewards for the very nature of the democratic process. We believe that he will provide excellent and expert advice to those who seek his services—those who seek to relitigate their grievances against the administration of Government those who seek to outline their evidence of the mistreatment of prisoners those who are considering making a protected disclosure those who appeal requests declined under the terms of the Official Information Act and all those New Zealanders who simply seek justice.We congratulate David McGee on his appointment we acknowledge his distinguished contribution to the House of Representatives and we are very happy to support this motion. Thank you.Hon RICK BARKER (Minister of Internal Affairs): A large part of me personally hopes that this resolution fails simply because if it fails then Dave McGee would stay here. Dave McGee has been in this House as long as I have been in Parliament—that is since 1993—and I have often had the feeling that he is almost inseparable from this place. I am left with the impression that should Dave McGee finally walk out the door across the forecourt of Parliament a crack will open up which will run through the building as well.I say that because Dave McGee has been a very powerful force for keeping this place together. I have seen this debating chamber in full rage on various issues and the veryinstitution we have here being pushed to the absolute limit. Its conventions and its procedures have been under pressure from every quarter but Dave has been the quiet calm person at the centre always with reason and logic always compelling and always fearlessly promoting the interests of this House and the rights and privileges of the House of members of the Government and of the Opposition—the rights and privileges of all—but making sure that this institution was untarnished no matter what happened.Dave has been a marvellous person in refurbishing this Parliament in all its ways and institutions. I had the privilege of being here when we had the transition from first past the post to MMP and what a remarkable transition it was. Many many questions had to be answered and many many issues came up that no one had actually foreseen. On every particular occasion Dave came to the discussions with suggestions that were well-thought-out and well prepared and with impeccable logic and great respect for the institution.It has been well said before that Dave has been a great writer about this place. His book is quite remarkable. It is extensive and it is exhaustive. It throws light on the dimmest and darkest recesses of this place and is all eminently readable. It is quite remarkable. I personally think that it should have been nominated for a Montana New Zealand Book Award but I am not sure that the readership was quite wide enough. But it is a fabulously well-written book. I have often referred people to it for answers and they have been very surprised at how easy it is to find those answers.Dave has helped all of us and I want to narrow my contribution primarily to the personal relationship that I am sure each MP has in dealing with Dave McGee. As a senior Government whip I had many dealings with Dave McGee. There would have been quite a number of occasions when we were confronted by a problem. Similarly I went to see Dave on many occasions when I was in Opposition confronted with a problem and seeking advice. I would go into Dave’s office where the desk was surrounded by books—a very scholarly and bookish place it was indeed—and I would sit down and talk to Dave. I would outline the situation I had and seek advice from Dave on how I could outmanoeuvre the Opposition trick it and do other things or outmanoeuvre the Government—whatever the strategy was. I knew that I received absolutely impeccable advice from Dave McGee. When I left I often had the impression that I had either been in ahead of or after the Opposition whip who had been asking similar questions and who would have been given absolutely impeccable advice. Dave would never ever let the advice he gave to one be reflected in the advice he gave to others. I have this wonderful impression of Dave McGee that he is probably the only person in this building who did not leak. This place is known for leaks but I have always felt that Dave would never leak and that he was always a person of unquestionable integrity. Any confidence one gave to him was trusted and respected.In my opinion Dave has also been a very fearless advocate for this House and for its privileges—fearless in his advice regardless of whom it was he was giving it to and what the reaction would be. I recall one particular occasion in the Standing Orders Committee when we were discussing the changing role of the executive with regard to Parliament. In the past the executive had simply signed off on international conventions and international orders without any due reference to Parliament. But under MMP Dave said we would have to refer the matter to Parliament because the executive was no longer guaranteed to have an absolute majority and therefore the matter would have to be referred to a select committee which it was. We talked about the timing and so on and people raised the issue of what would happen if a convention or an international agreement had to be signed within so many days the select committee did not have time to completely consider it and the executive was about to sign—what would we do then?Dave’s advice was simply that the select committee should stare down the executive—as blunt as that. I thought: “Gee this is a person whom I would rely on in any situation for advice.”The other thing I felt about Dave McGee was that he was not just an umpire; I always thought he was the equivalent of the television match official—the video umpire—for the Speaker who had to make the rulings. And he was a video umpire who did not have the opportunity to look at all the replays. I will recount a story that describes what I think are the incredible qualities of Dave McGee. I was sitting in the senior whip’s chair where Mr Barnett is sitting now it was late at night and we were in one of those set-piece debates where people were tediously reading well-prepared and boring speeches on legislation that was not impressive in itself. As this white noise was droning on and droning on I was struggling like the rest of the members to maintain consciousness. But sitting in the Clerk’s chair was Dave McGee. He was reading as he usually did a large thick esoteric book on the law of goodness knows which jurisdiction—he was carefully reading through it. In the middle of this boring speech someone suddenly leapt up and said: “Point of order.” I thought: “Point of order? What can this be for?”. I was trying to figure out who was speaking and what was going on. As I looked over at Dave McGee I saw that he had looked up from his book reached forward pulled out a notepad and was starting to write the recommendation to the Speaker. He had not only been reading the book; he had been listening to the debate had recognised what the point of order was and he was writing out what the Speaker’s response was to be with reference to the Standing Orders and the Speakers’ rulings. That is an incredible quality—he could follow so many different conversations and have a wonderful analysis of them.Dave McGee has been an outstanding servant of this place. He has given outstanding service in every way both in terms of his intellectual ability his professional ability his integrity and in the way in which he has dealt with individual members of Parliament and the select committees. He has been a fearless advocate for this place and a great defender of it. He will be sorely missed. He has been a great servant. But in our loss I think that the Ombudsmen’s service will have gained an outstanding individual. If we were ever to nominate one of the best people we could nominate for that office we could do no better than Dave McGee. He leaves this place with my very best wishes and I place on record my appreciation—and I am sure the appreciation of many many other members of Parliament who are here today and who have gone before—for the advice the support and the integrity in the way in which he has conducted his job and the support he has given to members the Speaker and every part of the institution of this fine Parliament of New Zealand. This Parliament is in such good heart today because in part of the outstanding service of Dave McGee. Dave I want to say: “Thank you very much.”HEATHER ROY (Deputy Leader—ACT): It gives me great pleasure to rise and support this Government motion today on behalf of the ACT party. It is a shame that Dave McGee is not sitting in the Clerk’s chair today although it certainly would not be his style to do so. But I do hope he is listening to all these very kind but very accurate reflections on his abilities and his time in this Parliament.I think pretty much everything that there is to say has been said but I would just like to add a couple of things. From a personal perspective and as many other members have noted I would like to thank our Clerk for his assistance and for all the great advice he has given to MPs over the years. Certainly when one turns up at Parliament as a new MP one finds that David McGee’s reputation precedes him. Everybody is very quick to say that he is the point to go to when sound advice and a sympathetic ear are needed and I have certainly been the beneficiary of such on occasion. In looking forward to hisnew job we can feel assured that he will fill his new shoes very ably and that he will be a great third Ombudsman.When I thought about what to say in this speech today knowing that I would be well down the list of speakers I went back to the parliamentary website and looked at the history of Clerks of this House. There has been a Clerk of the House since 1854 and certainly it has become something of a tradition. We inherited the position of Clerk of course from the British Westminster system. Dave McGee is somebody who is greatly respected both here in New Zealand and internationally for his abilities in his job and for the great advice and respect he has brought to the position. The shoes that the Clerk had to fill when he set out along this course 22 years ago were pretty big shoes to fill because we have had only 12 Clerks since 1854. Two of those held the job for a combined period of 52 years so this Parliament has been very fortunate in the people who have occupied that position. As I say several long-serving Clerks have steered Parliament through many important changes and as Mr McGee himself commented the other day his great challenge was steering Parliament into the new MMP environment. I imagine that that really was quite a challenge and has brought huge changes to our Parliament.Mr McGee commented—I am reading from a press release from Tuesday this week—that he had been here in Parliament for 34 years and Clerk for 22 years and he wanted a fresh challenge before he became “past it”. I hardly think that Dave McGee will ever be “past it” and we look forward to many years of his continued service in the Ombudsman’s office from this point forward when he takes up that position. He said that over his period of service he has sat under eight different Speakers and all of them have been very different I suspect but challenging and good to work with in their own ways. But he did comment that the major change he had had to contend with had been the transition to MMP. He said that Parliament has changed immensely as a result with outcomes becoming less predictable and with more diverse points of view getting heard. That has been in my view anyway a very very good thing.Just to conclude I thank Mr McGee for the service that he has brought to the New Zealand Parliament. I congratulate him on the respect that he has—which is well deserved as I say both here and internationally—and wish him on behalf of the ACT party all the very best in his new job. He will be greatly missed. Thank you.Hon CLEM SIMICH (National): I am pleased to support the motion that seeks to recommend that David McGee be appointed an Ombudsman. Most things that need to be said have been said. There have been some wonderful tributes to David; I of course endorse them all. He has been here as the Clerk of the House for longer than just three or four of the members of this House and he has of course been a servant of this Parliament for far longer than any of the members whom we have in the current Parliament.I remember him from his early days. I have worked with him as a member as a Minister and as a presiding officer of the House. I know that all members would agree that he has been invaluable. He is the most helpful person one could wish to have in the position he has held. His advice his encouragement and his counsel have been invaluable to all members.From the position of a presiding officer I would just like to say—if I may be so presumptuous—on behalf of the eight Speakers whom he has served under and on behalf of the many deputy speakers and assistant speakers whom he has served with we say thank you to him. Our job has been much easier and we have been able to perform our tasks much better because of his presence. Over all the turmoil that is this place the ups and downs of politics the highs and lows David McGee has been the one constant and we have all relied on him in that position. On behalf of the presiding officers DavidMcGee I say there is no one better qualified to be an Ombudsman. We thank you for your service and we say that we will miss you.CHARLES CHAUVEL (Labour): I will speak just briefly as a member of the Officers of Parliament Committee in favour of the motion. As is known the committee exists to manage the interface between the three Officers of Parliament and this House. As you know Madam Speaker earlier this year we resolved in the committee to recommend the appointment of a further Ombudsman. At the same time we recommended the devotion to the office of some additional resource to recognise the increased workload the office was under. I would like to note that those recommendations were agreed to without demur and to congratulate the executive on that because in my view the fact that there was no such objection demonstrates a good level of respect for the operation of the rule of law at a practical and everyday level.I also acknowledge with respect your work Madam Speaker as chair of the committee and also of the subcommittee that conducted the search for the additional Ombudsman. I also acknowledge the work of the other members of that subcommittee: the Hon Mark Burton Darren Hughes and Nathan Guy. I should also acknowledge the work of the recruitment team that was led byLilias Bell because I think everyone on the committee would agree that we were ably assisted. Finally I acknowledge the very high calibre of all the persons who expressed an interest in the role and in particular those whom we interviewed.I will just briefly point to the practical reasons for the increase in the work of the Ombudsmen. Obviously when the role was first created under the 1975 legislation it was confined to the investigation of complaints about central government and its organisations but very quickly the Ombudsman began to build public confidence. In 1982 when the Official Information Act was passed quite a substantial level of additional work was placed on the Ombudsman in recognition of which the facility was created for the appointment of additional officers. Then in 1988 the Local Government Official Information and Meetings Act came into force—it was 1987 legislation—giving the ombudsmen further work. In 2001 the protected disclosures legislation augmented the workload and then of course in January 2005 the Crown Entities Act provided further work for the ombudsmen.The last piece of legislation to increase the jurisdiction of the office came with the enactment of the Crimes of Torture Amendment Act 2006 where the obligations that New Zealand accepted under the Optional Protocol to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment were brought into legislation. Clearly designating the Office of the Ombudsmen as one of the agencies to visit prisons mental health detention facilities residential care facilities such as those existing for at-risk children and youth and immigration detention facilities will create substantial additional work for the office. So it is appropriate that that additional resource has been supplied.Very briefly I will acknowledge the calibre of the existing Ombudsmen: JohnBelgrave a former Secretary for Justice and Secretary of Commerce a former member of the State Services Commission and a former Comptroller of Customs; BeverleyWakem a former chief executive of Radio New Zealand a former president of the Asia-Pacific Broadcasting Union a former executive chair of Hill and Knowlton (New Zealand) Ltd and a former member of the former Higher Salaries Commission; and Mel Smith a former chief inspector a former Secretary for Justice and a former Deputy Secretary for Internal Affairs. The fact that there are such illustrious appointees in the existing office is a tribute again to Dave McGee in that he is seen as worthy of joining those people and also of joining the ranks of those who have held the office in the past—notably Sir Guy Powles Sir GeorgeLaking Sir John Robertson Sir BrianElwood andNadja Tollemache and perhaps most notably of course our current Governor-General the Hon AnandSatyanand.Madam Speaker when you spoke at the launch of the third edition ofParliamentary Practice in New Zealandyou said that in the short time you had been Speaker you not only had had many occasions on which to rely on Mr McGee’s advice but also had observed that internationally he is respected as the doyen of Clerks who serve parliamentary democracies. I was able to see for myself that that was the case when the Justice and Electoral Committee recently visited the Victorian Parliament and we were told by the Clerk of the Legislative Council WayneTunnecliffe that as far as he and the other Clerks of the Parliaments of Australia were concerned the third edition ofParliamentary Practice in New Zealandwas as essential a reference work on the Tables of the Clerks as Erskine May’s work. I think that is a very eloquent demonstration of the fact that Dave McGee has gained the level of international recognition that has been referred to by previous speakers.It is also very refreshing to have heard that at the Youth Parliament Mr McGee had some interesting views as to how the controversy over reporting of parliamentary affairs might be dealt with given the fact that the media will be substantially part of his new clientele in his new role. I understand that he said it might be a good thing to send photographers into the gallery after question time every day just to see how many journalists were yawningtexting or sleeping or had simply disappeared through lack of interest. More power to his elbow on that sort of advice!In conclusion I can say on a personal note that Mr McGee is kind and considerate to new members. That will certainly be something that will be missed but hopefully Dave McGee’s successor will also exhibit those characteristics. Mr McGee will make an excellent Officer of Parliament. Asa femmeje dis: “Bonne chance!” and to him: “Bon courage!” in his new role. I offer my respectful good wishes to him.Madam SPEAKER: I thank members. On another occasion I will make my own tribute to the Clerk.Motion agreed to.