Dyson Ruth: New Zealand Sign Language Bill — Second Reading 
Dyson Ruth: New Zealand Sign Language Bill — Second Reading 
[Volume:629;Page:1456] 
Hon RUTH DYSON (Minister for Disability Issues) 
: 
 I move  
That the New Zealand Sign Language Bill be now read a second time 
. The purpose of this bill is to promote and maintain the use of New Zealand Sign Language. To achieve this the bill declares New Zealand Sign Language to be an official language of our country. It provides for the use of New Zealand Sign Language in legal proceedings and it enables the making of regulations to set competency standards for the interpretation in legal proceedings of New Zealand Sign Language. The bill sets out principles to guide Government departments in the use they should make of New Zealand Sign Language. 
New Zealand Sign Language is used by approximately 28000 people. An estimated 7000 of those people are deaf. It is a language with a unique linguistic structure and it includes signs that express concepts from Maori culture. Deaf Maori describe New Zealand Sign Language as a tool for accessing their Maori language and culture. Deaf people comprise a distinct and dynamic cultural group. New Zealand Sign Language is central to their culture with its rich body of distinct customs mannerisms art humour and history. 
This bill is necessary. Consultation with the Deaf community has highlighted that a lack of recognition of New Zealand Sign Language leads to serious barriers to information and services which can result in injustices for deaf people. The bill will improve Deaf people’s access to information and services that hearing people take for granted and it will provide acknowledgment of Deaf people’s language and culture. 
The bill had its first reading on 22 June 2004 and it was then referred to the Justice and Electoral Committee which reported back to the House on 18 July last year. Before I outline the select committee’s findings I would like to acknowledge and commend the committee’s efforts to make the select committee process inclusive of Deaf people. For the first time videotape submissions of Deaf people using New Zealand Sign Language were accepted in place of written submissions because for many Deaf people English is a second language. New Zealand Sign Language interpreters were accommodated throughout the select committee’s processes. 
The Justice and Electoral Committee’s effective accommodation of Deaf people has set precedents for the use of New Zealand Sign Language in our parliamentary processes. I thank all members of the select committee and the clerks for their work. The committee received 189 written submissions on the bill. It also received six videotapes that recorded a further 104 Deaf people signing their individual submission on the bill. That means that a total of 293 people gave individual submissions. The majority of those submissions were from Deaf people including some Deaf school students and other people with an interest in the Deaf community. No submission opposed the bill. Many submitters expressed celebration at having their language recognised after years of stigmatisation and oppression. 
The select committee recommends a number of changes to the bill all of which I support. Although the changes are mainly minor and technical in nature they strengthen and clarify the bill. I would like to make particular comment on a few of those changes. The select committee recommends changes that the definitions of “interpretation” and “translation” be more closely aligned with the definition of those terms in the Maori Language Act 1987. Those definitions would now relate only to New Zealand Sign Language interpretations and translations into and from English and Maori. This will help to ensure that interpretations and translations may be practically implemented in courts. 
Some submitters asked that the bill provide a definition of a “competent interpreter”. The select committee noted that an interdepartmental working-group is looking into this area. I can advise the House that a group that includes interpreters Deaf people and Government officials will be reporting back to Cabinet shortly. The group will propose minimum standards for New Zealand Sign Language interpreters in courts and that the Ministry of Justice be responsible for the implementation of the proposed minimum standards. 
The select committee heard stories in which deaf people experienced problems in gaining access to competent interpreters in wider justice settings such as in police interviews in corrections settings and in gaining legal representation. The select committee considered that issue carefully. The New Zealand Bill of Rights Act 1990 provides a statutory basis for a Deaf person to access New Zealand Sign Language interpretations in connection with criminal proceedings. Therefore the select committee considers that the New Zealand Sign Language Bill does not need amending to confer a statutory right to have interpreters provided at all stages of the criminal justice process. However the select committee considers that further work is needed to ensure that competency standards for interpreters are available for those who work in the wider justice setting. The committee recommends that this further work should be undertaken by the working-group I referred to earlier and that it should be expanded to include the rest of the justice sector. I support this move and have asked officials to make arrangements for this wider membership particularly from both police and Corrections. 
The select committee proposes a new clause 10B to clarify that the bill does not extend rights to the Deaf community beyond those already provided in the New Zealand Bill of Rights Act. It does not limit those rights in any way. 
The committee noted that it is important for departments to engage directly with appropriate representatives of the Deaf community when consulting on matters relating to New Zealand Sign Language. To address this it has proposed a new subclause (1A) to clause 9 which provides that Government departments must endeavour to consult with people or organisations that the chief executive contends are representative of the interests of the Deaf community. 
The bill’s wider objectives include the promotion and maintenance of New Zealand Sign Language. The select committee considered that monitoring the effectiveness of this bill against its stated purpose should be the next step in identifying further work that may be needed to achieve its wider goals. To support this it has proposed a new clause 10A to provide that the responsible Minister must require a report on the operation of the Act and whether any amendments to its scope and contents are necessary or desirable. That report would be required as soon as practicable after 1 March 2009 approximately 3 years after the bill is enacted. The new clause also states that representatives of the Deaf community must be consulted in this review. 
A major theme in the submissions was the pervasive daily barriers experienced by deaf people. Submitters described problems in accessing information and services that hearing people take for granted in education employment health public information and marae family and whanau events. Providing for the use of New Zealand Sign Language in education settings was seen as a particular priority area. The problems of deaf people’s access to Government services and information are addressed by the principles of the bill and related work streams. This includes work to develop long-term plans for the removal of language barriers in education employment health and broadcasting. 
The work on the New Zealand Sign Language Bill provides a platform for understanding the inequalities that deaf people face. In a model society we would provide equal participation for deaf people immediately. The New Zealand Sign Language Bill is a substantial first step towards achieving our vision of an inclusive society. The next steps include developing the capacity of the interpretive workforce beginning with those in the justice system. The recommended review of the Act after approximately 3 years will also provide a means for monitoring implementation of the bill. 
The passage of this bill through the House is very timely. Members of the Deaf community have been seeking recognition of their language for 20 years. 
In conclusion I reiterate that this bill is a monumental milestone for the Deaf community. It gives due honour and respect to Deaf people and to their unique language and culture. By declaring New Zealand Sign Language to be an official language of our country this House is acknowledging the Deaf community’s presence its rights and its equal value in our society. I commend the progress of this bill to the House.