Adams Amy: Human Rights Amendment Bill — Second ReadingText is incorporated into the Bound VolumeAdams Amy: Human Rights Amendment Bill — Second Reading[Sitting date: 11 March 2015. Volume:703;Page:2190. Text is incorporated into the Bound Volume.]Hon AMY ADAMS (Minister of Justice): I move That the Human Rights Amendment Bill be now read a second time. Can I begin by thanking the members of the Justice and Electoral Committee for their thorough consideration of the bill. The committee has recommended that it proceed with amendments. The Human Rights Amendment Bill is about strengthening the performance of the Human Rights Commission by giving it greater flexibility to respond to emerging human rights issues. The bill clarifies the commission’sfunctions and powers and enhances New Zealand’s ability to comply with our international and domestic human rights obligations.Currently the Human Rights Act requires there to be commissioners for race relations and for equal employment opportunities. However it does not allow for the creation of new formal leadership positions in other areas of human rights such as disability rights. To address this inflexibility the bill provides for the appointment of a chief commissioner and up to four other human rights commissioners. Commissioners will be allocated portfolio responsibilities that must include race relations equal employment opportunities and disability rights.Having a commissioner who is formally responsible for disability rights is a new move and will enable the commission to exercise more effectively its role of promoting and monitoring the implementation of the United Nations Convention on the Rights of Persons with Disabilities. The Minister will continue to appoint commissioners in the three areas specified in the Act but the bill will enable the chief commissioner to designate commissioners to lead work in other areas. This important change will allow the commission to establish without further amendments to the Act other formal portfolio responsibilities in the areas that it considers to be most important.I note that submitters to the committee generally supported the objectives of the bill and the addition of disability rights as a formal portfolio responsibility. I am aware that some submitters were concerned that the changes would dilute the commission’s role in leading and promoting race relations and equal employment opportunities. I can assure the House that this is not the case. In fact the changes will enhance the commission’s leadership role in protecting and promoting human rights. There will still be a statutory focus on these and an identified commissioner leading the work in race relations and equal employment opportunities. Added to these areas will be disability issues and any other areas that the commission identifies as a priority.Specialist criteria linked to each priority area must be considered before a commissioner is appointed. This ensures that a commissioner appointed to lead work in a priority area holds the relevant specialist skills. This further enhances the commission’s leadership role in these areas. The bill moves some functions of the Equal Employment Opportunities Commissioner to the general functions of the commission giving the commission a clear focus on equal employment issues. The bill also clarifies the functions of the commission. It states explicitly that the commission’s functions include promoting racial equality and cultural diversity equal employment opportunities and the rights of persons with disabilities.Submitters were concerned that requiring the commission to consult with the Minister about its priorities would compromise its independence. The requirement to consult with the Minister about strategic priorities is not new. Clause 11 carries over the exact same requirements to consult the Minister as already exist in the Human Rights Act. The independence of the commission has continued to be recognised internationally as demonstrated by its receiving the highest level of accreditation from the International Coordinating Committee of National Human Rights Institutions and this bill does nothing to diminish that.This continuing requirement to consult with the Minister does not mean that the Minister may direct the commission. The commission will remain independent and its strategic direction will continue to be set by the commissioners acting together as currently set out in the Act. The bill also revives the commission’s functions to ensure that commissioners are able to express freely their views on relevant matters including commenting on State sector practices bills before the House and Acts passed by this Parliament. The bill also revises the commission’s functions to ensure that commissioners continue to be able to express freely their views on relevant matters including commenting on State sector practices and the like.I would now like to touch briefly on some of the changes to the bill that the Justice and Electoral Committee has recommended. The committee has recommended changes to the bill to clarify that the chief commissioner can now designate new priority areas only in accordance with the commission’s strategic direction as determined by the commissioners collectively. This was always the intention of the bill and I support changes that will make this clear. This change addresses I think submitters’ concerns that the chief commissioner is being elevated above the other commissioners.After considering concerns raised by the Regulations Review Committee the committee has also recommended amendments to the commencement and transitional provisions of the bill.The bill as introduced was to come in to force by Order in Council. This was so that if the existing number of commissioners exceeded the maximum allowed in the bill commencement could be delayed until the term of one or more of the commissioners expired. The committee has recommended however that the bill be amended so that it comes into force on the day after it receives the Royal assent. To make this possible the transitional provisions have been amended to allow the number of commissioners to exceed the maximum set in the bill initially. This will allow existing commissioners to finish their term and will ensure that the three priority areas are always covered.I am pleased to support the committee’s changes to the bill which I believe are sensible and well considered. I would like to thank them once more for their work and also thank the Human Rights Commission for engaging constructively with the committee throughout its consideration of the bill. The changes made by the Human Rights Amendment Bill will lead to a stronger-performing Human Rights Commission. It will give the commission a clearer focus and will enhance its leadership role in protecting and promoting all our of fundamental human rights. I commend the bill to the House.