Smith NickHon Dr NICK SMITH (National—Nelson): The core issue with clause 2 that we are debating is the commencement date of this awful piece of legislation. I couldn't help reflecting as I walked into the Chamber after the dinner break—walking past the Bill of Rights that is in the painting which every member walks past each day as they come into this Parliament—on our rich heritage and those rights. The reason that is relevant to the issue of the commencement of this bill is that it is actually at the core of those freedom of speech issues that were provided for in the Bill of Rights 330 years ago that are being compromised with this bill in which we're debating whether they should have retrospective effect on this Parliament.Now Madam Chair and other members of this House were elected at the last general election under a set of rules under the parameters of which they could participate in this Parliament in which they have that guarantee of free speech. In fact my colleagues will recall that historic moment that is celebrated when Speaker Mallard goes to the Governor-General and we reassert the freedom of this House for members to be able to speak with privilege to say what they wish and to say so without constraint. That's why National members—Hon Ruth Dyson: What clause is this?Hon Dr NICK SMITH: —argue that the commencement of this bill this obnoxious bill should not be retrospectively coming into effect on top of the term of this Parliament. That view—I would say to Ruth Dyson who's raised the point—is shared by the New Zealand Law Society. The New Zealand Law Society made a submission to the Justice Committee.Hon Ruth Dyson: On this clause?Hon Dr NICK SMITH: Yes. If she'd bothered to wake up if she'd actually come to the Justice Committee a couple of times—but like all Government members she paid absolutely no attention to any of the 55 submissions that were concerned about and opposed to this bill. It is noteworthy actually that there was not a single submission to the select committee that took the Minister's view on this bill. But the submission from the Law Society said that to apply these provisions retrospectively to the current Parliament was wrong and that that should not occur and that is why I would invite members opposite.I'd also note—and I've just had a document that was provided to me over the dinner break. It was fascinating and I'd asked the Minister in the chair to reflect on it. It is that even the Labour youth have come out as opposed to this bill. The Labour youth have come out this evening as strongly opposed to this bill. So you have Young Greens you have Young Labour you have Young Nationals and you have a cynical Government ignoring the views of young people.I would put to members opposite that given that level of concern given the statements that you've seen from the Green Party that this bill is undemocratic and a threat to democracy and given the statement that we've seen this evening from—and I'll actually quote it for the benefit of the Minister in the chair where the Greens described it as a terrible bill" VicLabour described as a bill they were strongly opposed to and young ACT described it as "a nasty bill". When you have that level of concern from all of the political parties' young people surely it is time for Parliament to pause. Surely it is time to listen to that idealism of young people and say to the Minister of Justice: "You got this one wrong. You got this one wrong. You've got this one very cynically as part of a deal of a coalition agreement not based on any principle and that is a very good reason for these provisions not to apply to this Parliament."Again I would say to and urge members opposite to support my amendment which simply says that it is not proper to make these sorts of fundamental changes of a retrospective nature and I urge them to support my amendment. That would mean these provisions would not come into effect and would not commence until the beginning of the next Parliament. That is really a litmus test as to whether this is a change for the purpose of propping up this Government—[Time expired]"