4. Question No. 4—Prime MinisterHon PAULA BENNETT (Deputy Leader—National) to the Prime MinisterQuestion No. 4—Prime Minister4. Hon PAULA BENNETT (Deputy Leader—National) to the Prime Minister: Does she stand by all her Government's statements policies and actions?Rt Hon JACINDA ARDERN (Prime Minister): Yes.Hon Paula Bennett: Does she stand by her statement earlier this year in the House when questioned about the referendum on recreational marijuana use: it will be a binding referendum for the public."?Rt Hon JACINDA ARDERN: Yes.Hon Paula Bennett: Does she agree with her Minister of Justice Andrew Little who in December said "we have a commitment that it is binding."?Rt Hon JACINDA ARDERN: Yes.Hon Paula Bennett: In that case why are you are not doing option four that—as the Cabinet paper says—gives the most certainty and is the closest to being actually binding?Rt Hon JACINDA ARDERN: Because the outcome is ultimately the same. The only way to ensure that people's decision in the referendum is upheld is if political parties commit to abiding by the outcome. All three parties that make up this Government have committed to abiding by the people's decision. My question is: will the National Party?Hon Paula Bennett: So in light of that has she seen advice from the Ministry of Justice provided to her Minister on 24 May 2018 that explicitly states "binding referendums require referendum legislation. This legislation both enables the referendum and sets out the law that will be automatically enacted in the event of a majority Yes vote."?Rt Hon JACINDA ARDERN: The member well knows it is not possible for any Parliament to bind a future Parliament. The only way to ensure that the people's decision is upheld is if a commitment is given by political parties to abide by the outcome of a referendum. All three parties in this Government are giving that commitment. My question is: will the National Party do the same?Hon Paula Bennett: So does she agree with the advice provided by the Office of the Clerk that in order for a referendum to be actually binding legislation needs to be passed through the House first and then have a commencement section stating that the Act comes into force when it has met the referendum conditions?Rt Hon JACINDA ARDERN: Again it still requires all political parties to commit to abiding by the outcome and to not repealing the legislation. It is not possible for any Parliament to bind a future Parliament. It is however possible for political parties to give a commitment to abide by the decision of the public. The Green Party the New Zealand First Party and the Labour Party are giving that commitment. Will the National Party?Hon Paula Bennett: I raise a point of order Mr Speaker. I can't remember the exact circumstances but last week I think it was the honourable Deputy Prime Minister was speaking on behalf of the Prime Minister and you said he could not ask the Opposition a question. I've now had one three times from the Prime Minister and I'd like consistency.SPEAKER: That was not helpful but it was accurate.Rt Hon Winston Peters: So could I just get this clear from the Prime Minister: there are three parties she expects—the Greens Labour and the New Zealand First Party—to keep their word with respect to a binding referendum and not as others would suggest double-cross that bridge when they come to it?SPEAKER: Order! Order! That's not a matter for which the Prime Minister has responsibility.Chlöe Swarbrick: Could the Prime Minister explain and help the Opposition to understand the difference between self-executing and binding?SPEAKER: No she can't because the question was out of order.Chlöe Swarbrick: How many times approximately has she invited the deputy leader of the National Party to engage in our cross-party group to answer all of these so-called questions about the cannabis referendum?Rt Hon JACINDA ARDERN: On many occasions and I do so again. Ultimately this is a process that we have decided to commit ourselves to but we leave the decision in the hands of the public. That is what we are committed to. We are making the offer for any member of Parliament to be involved in the drafting together of the draft legislation that the public will then vote on. They will have a draft bill on which to make their decision. If they decide that it should be enacted then we will abide by that decision.Hon Paula Bennett: Does she stand by the statement in the Cabinet paper that an enacted piece of legislation would provide the electorate with the greatest certainty about the consequences of their vote?Rt Hon JACINDA ARDERN: Of course the greatest certainty will come when the National Party declares whether or not it will abide by the public's decision. We are committed to giving the public their say we are committed to them having a piece of draft legislation to vote on and then we are committed to abiding by their decision.Hon Paula Bennett: Does she accept that having a select committee process—that has experts alongside of it and takes public submissions—and the committee of the whole House would actually mean that that piece of legislation is more robust and more suitable and would give more certainty to the public on what their vote means?Rt Hon JACINDA ARDERN: A select committee process does two things. It allows all members of Parliament to come together; we are providing that opportunity. The second thing is it allows people to have their say. There is no greater say than a public referendum."