Andersen GinnyVIRGINIA ANDERSEN (Labour): Thank you Madam Chair for the opportunity to speak on the Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Bill. As a member of the select committee that considered this bill it's been really a great privilege to see it progress through these final stages and in particular knowing that the burden will be lifted off many shoulders of New Zealand men who have been wrongfully convicted in the past. What this legislation effectively does is it sets up a scheme that is open for individuals or a family member to be able to apply—an application for those that have been charged and convicted of specific offences that are listed in this piece of legislation; in particular sexual conduct between consenting men between 16 years and over. If someone is deceased it's able to be applied for by a family member of the person affected. It's important to note too that this application process is free and that's good to see.Many of the submissions that we heard at the Justice Committee raised the question of compensation under the bill and whether or not compensation should be provided. That's in clause 22 of the bill. It clearly stipulates that no compensation will be provided for those that had convictions that are expunged. While many of those submitters who had suffered wrongs would like to have been given consideration for that it's important to note that we're aware that men convicted of these offences suffered real harm as a result but to go further than that was not required. So there were submitters who agreed with that position of the committee and the resolution has been that clause 22 in fact provides that there will not be compensation able to be provided.It's important that we look at how this bill enables those to look at the case by case analysis. So in clause 8 the scheme requires a case by case assessment of the relevant facts to determine whether the conduct of a person was charged and whether that was in fact unlawful today. It's important to note that that decision is in fact made by the Secretary for Justice. So there's no need for applicants to appear in person for that. If a person's conviction is expunged the conviction will not appear on a criminal record or a check for any other purpose. It's also important to note that they will be entitled to declare if requested in any way—for filling a job application in terms of requiring to declare their criminal history—that there's no reason for that to be declared in that space. That is also great to see.There have been a number of comments made too around clause 9 General effects of expungement" and that was an issue that the committee also looked at very closely. So clause 9 confirms the effects of expungement and the person with that expunged conviction is entitled to declare they have no such conviction. The committee has made an amendment to that clause 9 to include that the expungement does not authorise or require the destruction of criminal records of expunged convictions as stated in the explanatory note in the official record. It's also important to note that there's been another amendment under clause 13 which notes that it is an offence to unlawfully disclose the information and the requirement to make sure that is concealed. So that's an important note too. We live in a small country and people are often accessing records so it puts the burden of proof on somebody else who for whatever official reason is looking through records to make sure that that is an offence to disclose it under this legislation to protect really the privacy of those people who have been wrongfully convicted in the past.It's been a real privilege to be participating in a bill at this stage after hearing those submissions first hand from people affected. I'm proud to see a strong bill that enables the wrongs of the past to be put right and to give people a sense of that justice. So without further ado I commend this bill to the House."