Burton Mark: Crimes of Torture Amendment Bill — Third Reading 
Burton Mark: Crimes of Torture Amendment Bill — Third Reading 
[Volume:635;Page:6680] 
Hon MARK BURTON (Minister of Justice) 
: 
 I move  
That the Crimes of Torture Amendment Bill be now read a third time 
. This bill will enable New Zealand to ratify the United Nations Optional Protocol to the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment. The optional protocol entered into force in June 2006 and the first meeting of the State parties is scheduled for 18 December this year. 
This process marks another key milestone for the protection and promotion of human rights at the international level. It is a process in which New Zealand has played a crucial role and a role of which it can generally be very proud. New Zealand is among good company in taking the lead in respect of the optional protocol. For example the United Kingdom Sweden Spain and Denmark have already ratified the optional protocol. 
The protocol establishes a system of regular visits to places of detention. Visits will be conducted by both international and New Zealand experts. The visits are designed to prevent the occurrence of torture by providing objective assessments and enabling a dialogue to take place between visiting experts and the State. The bill will substantially bolster New Zealand’s already impressive system of monitoring places of detention. New Zealand inspection bodies under the bill will have a strong mandate to monitor and make recommendations in respect of the treatment of detainees. These bodies will also enjoy appropriate immunities to ensure that they are able to conduct visits in an effective manner without fear or interference. 
The focus upon prevention represents an innovative development within the United Nations human rights system. Because of its far-reaching physical and also psychological effects the harm inflicted by torture on the victim can often not be undone. Therefore prevention is of primary importance. The optional protocol provides for a cooperative approach to preventing torture and ill treatment based on transparency and the implementation of relevant legal norms. 
This preventive approach has been very successful in Europe. The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment has operated for a number of years. Most would agree that it has had a positive effect throughout the European continent in improving conditions of detention and in helping to prevent ill treatment. 
The optional protocol is therefore different from some other United Nations mechanisms that have a reactive focus to addressing human rights concerns. Further the optional protocol breaks new ground by setting out for the first time in an international instrument criteria and safeguards for effective preventive visits by national bodies. This aims to ensure the implementation of international standards at the local level. 
The New Zealand legal system already provides strong protection against torture under the New Zealand Bill of Rights Act and the Crimes of Torture Act. The optional protocol further complements this existing framework and provides concrete steps aimed at preventing crimes of torture from occurring. The bill itself provides for a regime that enables New Zealand to comply with its obligations under the optional protocol. It includes provisions that enable the United Nations subcommittee to visit places where people are deprived of their liberty in New Zealand that allow the designation of one or more New Zealand bodies—as national preventive mechanisms—also to examine places of detention and that allow the designation of a central national preventive mechanism to coordinate the activities of the New Zealand monitoring bodies and of course to liaise with the UN subcommittee. 
The bill reflects a carefully tailored balance between legislative and administrative compliance. It provides the core framework for the optional protocol to be complied with in New Zealand while ensuring that members of the executive must also take responsibility to ensure that the optional protocol is given effect. Key reporting requirements are also included to ensure transparency and accountability. 
This bill is an illustration of New Zealand’s strong commitment to the protection and promotion of international human rights. Most important the bill is an example to all countries of how to ensure compliance with the optional protocol with the goal of preventing torture. The bill not only is a measure to ensure that New Zealanders will continue to be protected against torture and other forms of ill treatment in the future but also is a strong signal to others around the world that torture must not and will not be tolerated and that with the collective efforts of the international community it can be prevented. 
I again extend my thanks to the members of the Foreign Affairs Defence and Trade Committee for their diligent and constructive consideration of the bill during both the parliamentary treaty examination process and the inquiry into the bill itself. I further extend my appreciation to members of the House who have supported this bill to date. I believe it has been a positive display of the New Zealand Parliament acting in a cohesive way to fight the global scourge that is torture. 
This Government is committed to ensuring that New Zealand continues to be a world-class nation in the development of human rights law. This bill is a clear illustration of that commitment. I am confident that the bill will ensure that for generations of New Zealanders now and in the future torture will remain a remote concept and something this country continues to treat with disdain. Accordingly I commend this bill to the House.