Sowry Roger: Electricity and Gas Industries Bill — In Committee 
Sowry Roger: Electricity and Gas Industries Bill — In Committee 
[Volume:620;Page:15850] 
Hon ROGER SOWRY (National) 
: 
 I thank the Minister for that and now I want her to answer the other part of the question because what the officials have told her is what we already know. We heard through the Commerce Committee that the chair of the Electricity Commission is a member of the Commerce Commission and it concerns only Part 4A. The Commerce Commission appeared before the select committee and made plain to the committee the Government’s view that the cross-accreditation of appointments allows the appointment of an electricity commissioner who is also a commerce commissioner. 
The Government actually has its eye on one of those people. The Hon David Caygill is the name that springs to mind and he is deputy chairman of the Commerce Commission. I want to say to the Minister that I do not in any way want to bring David Caygill into the debate in terms of his skills and attributes because I have a great deal of respect for him. However the principle is one of an appointment—[ 
Interruption 
] The member should take the issue seriously because it is actually an issue that I know he takes seriously. The issue is one of—[ 
Interruption 
] The member would not even pretend to understand the issue. The issue is one of an appointment between the Commerce Commission and the Electricity Commission. I want to say to Mr Peter Brown that if the Government intends to appoint—it is not in the bill or in this part but this part implements it—the same person to the Commerce Commission and the Electricity Commission then the Minister directs the Electricity Commission as he is entitled to under this part and the Electricity Commission for example under new section 57CA(3) inserted by clause 30B states that it wants the Commerce Commission to consider this we then have the same Commerce Commission person also appointed to the Electricity Commission and there is therefore a conflict of interest. 
This issue has been raised by people it is an issue that is outside just the chair—and I am looking to the officials here for advice to the Minister—and it relates to commerce commissioners also appointed to be electricity and gas industry commissioners. I think the law is murky on that. I understand that the Government wants to appoint people to both jobs. It wants someone to sit on the Commerce Commission and also on the Electricity Commission. I think that is political I think it is unhealthy and I think it is wrong. I really worry about it. 
Mr Benson-Pope might not worry about it but I wish that the member—and I thank the Minister for her call—had time for the officials to see her. They are writing something for the Minister now and I know she cannot see because they are behind her. I just hope that the advice we get is that the Government is not allowed to appoint someone to both bodies. At the moment my understanding of this part is that the Government is allowed to do it. The talk around town is that the Government will do it and that talk is quite person specific. I think that is wrong. I think quite frankly that it exposes a Minister and it exposes the independence of the Commerce Commission. I heard someone from the other side say: “Oh well they can just opt out.” The Commerce Commission in this country has a history of fierce independence and I am worried that the Government is undermining that.