Fenton Darien: Questions for Oral Answer — Questions to Ministers 
Fenton Darien: Questions for Oral Answer — Questions to Ministers 
[Volume:656;Page:5454] 
9.  
DARIEN FENTON (Labour) 
 to the  
Minister of Labour 
: Does she agree with the Minister for Social Development and Employment that the Employment Relations Amendment Act 2008 will not apply to workers employed under her Government’s youth opportunities package; if so why? 
Hon KATE WILKINSON (Minister of Labour) 
: 
 Yes I understand that 90-day trial periods will not be available for employers making use of the Job Ops and Community Max packages. In order to receive the subsidy employers will need to agree not to use a 90-day trial period which I remind the House is not compulsory nor is it automatic. It is entered into only by mutual agreement. 
Darien Fenton 
: If for any reason a young person employed through the youth opportunities package is fired using the 90-day trial period will her Government take action to retrieve money or subsidies given to those employers and what action will she be willing to take as Minister of Labour to protect the employment of those young people? 
Hon KATE WILKINSON 
: That does not fall within my responsibility. The Department of Labour is not administering the subsidy. That question should be directed to the Minister for Social Development and Employment. 
Darien Fenton 
: I raise a point of order Mr Speaker. There were two parts to that question. The second part asked what action she would be willing to take as Minister of Labour to protect the employment of those young people. That does fall within her responsibilities. 
Mr SPEAKER 
: Sadly as the member knows when the member asks two parts to a supplementary question the Minister needs to answer only one of them. The Minister has done that so I cannot assist the member further. 
Jacinda Ardern 
: Did the Minister or her department advise the Minister for Social Development and Employment prior to question time yesterday that the 90-day trial period would not apply to young people on the Job Ops scheme; if not why not? 
Hon KATE WILKINSON 
: I understand that our respective departments did have discussions about the implementation issues including the trial period. 
Darien Fenton 
: Is the Minister satisfied that all fixed-term contracts to be created under the Government’s youth opportunities package will be for genuine reasons as required under the Employment Relations Act; if so why? 
Hon KATE WILKINSON 
: This Government unlike the Opposition believes that it is bound by the law and it is covered by the law. It is not above the law. Fixed-term contracts are provided for in the employment relations legislation as that member should know. They are not per se illegal. If there are illegal fixed-term contracts then action will be taken accordingly. 
Hon Trevor Mallard 
: I raise a point of order Mr Speaker. As a member of the previous Government I take offence— 
Mr SPEAKER 
: No. The member will sit down when I am on my feet. The member cannot litigate that issue under a point of order. If he believes there is inconsistency he can ask supplementary questions to point that out; if he has taken personal offence he can make a personal explanation but he cannot litigate the answer by way of a point of order. 
Hon Trevor Mallard 
: I raise a point of order Mr Speaker. Repeatedly in this House over the last 25 years when members take personal offence at comments made about them or a group that they are part of or responsible for they have been able to raise points of order on that. I am very offended by the suggestion that I— 
Mr SPEAKER 
: The member will resume his seat. I cannot assist the member if the House has not complied with its own Standing Orders in the past. The member is welcome to bring forward a change to the Standing Orders if necessary. When members disagree they can ask supplementary questions or if they take offence they can make a personal explanation. But they cannot litigate answers by way of points of order. 
Hon Trevor Mallard 
: I raise a point of order Mr Speaker. 
Mr SPEAKER 
: I alert him to the fact that I have ruled on the manner. 
Hon Trevor Mallard 
: I seek leave to make a personal explanation with regard to allegations that I have broken the law. 
Mr SPEAKER 
: Leave is sought to make a personal explanation along those lines. Is there any objection? There is none. 
Hon Trevor Mallard 
: As part of her answer the Minister of Labour indicated that the previous Government—involving its Ministers as she is aware—disregarded the law and broke it. I take offence at that and it is not true.