Penk ChrisCHRIS PENK (National—Kaipara ki Mahurangi): Thank you Madam Speaker. It's a pleasure to be able to speak to this bill as the legislative process wends its way towards a conclusion. I'd like to thank all those who have engaged in the process of considering the bill. I was involved at select committee stage and have spoken at various other stages in this House and do want to sincerely thank those who have engaged those who have advocated one way or the other all coming from a very genuine position of experience whether unfortunately in the case of those who have come to the select committee or otherwise engaged from a perspective of having suffered in the way of sexual violence but also to acknowledge with gratitude those who have shared their professional experience and can advise the way that they believe that this will play out in courtrooms in New Zealand.So the third reading is technically almost the final stage of the passage of a bill. Royal assent only remains at that point but I think in many ways this is unlikely to be the final word on the matter. To put a positive construction on it I think as colleagues of the Green Party have noted there is ongoing work to be done and I think that every member in the House would support the idea that we can do better and should do better. We must do better as a country in relation to sexual violence and in courtroom processes that is of course very important. But on a more negative note potentially I would be very surprised if there isn't ongoing discussion required as to the way that these trials are conducted. Of course no one wishes to have a system that could not be considered safe in terms of convictions that stand; so I very much hope that the fears that have been expressed are not borne out albeit that I think that in some cases those are well-founded.We've expressed those reservations in the form of a couple of Supplementary Order Papers and our minority view within the select committee. But ultimately as you've heard from my colleague our justice spokesperson Paul Goldsmith and others ultimately we have decided none the less to support the bill acknowledging of course its positive intent and the fact that it does contain many measures that are admirable and will indeed serve to improve the lot of complainants and victims without reducing fair trial rights.Of course serious consequences of sexual violence include not only the physical and emotional damage to human beings subjected to such abhorrent action but of course a loss of confidence in the court system to the extent where it has been said and where it can be claimed that people feel unable or unwilling to come forward for fear of being re-traumatised. Of course that is a great indictment on our legal system but actually also on our country. But obviously we should not throw the baby out with the bathwater and reduce fair trial rights in a way that would be problematic and might actually even be counterproductive in the sense of requiring appeals or trials to be lengthened actually by pre-trial cross-examination needing to take place or be replicated in the trial proper. So we've made those arguments. We've explored that and I think that we've done that in good faith on this side of the House and across the House too. I think that all members have been made aware of the particular aspects of the legislation that I'm now highlighting.So I'll just end my contribution with a couple of predictions if I may and then look to consider what the future may hold. In terms of predictions I very much hope that it's not the case that the dire warnings from some on the criminal bar will not be realised—I rather hope that they won't be realised in terms of a loss of quality of representation. I know that a number of barristers feel very strongly that this law will not enable them to do their job well and that's deeply unfortunate. They've also argued that there is a very strong possibility of a declaration of inconsistency with the New Zealand Bill of Rights Act notwithstanding that BORA vets so-called have been conducted as part of the legislative process and I do acknowledge that. The other fear that's been expressed and I think in quite compelling terms is the risk that Māori and others disproportionately affected by the exercise of discretion in our justice system may be impacted by the way that these processes play out. I very much hope that's not the case but we should all be alive to that possibility and prepared to review that in due course.So with those ringing as somewhat of a warning I do none the less express the hope that with the high level of engagement from all different aspects of the debate going forward we can continue to discuss and hopefully reach a better justice system for all those concerned going forward.