Ngaro AlfredPart 2 Amendments to other enactmentsHon ALFRED NGARO (National): Thank you Madam Chair. I also too want to take the line of the comments from the Minister in regards to seeking clarity and that's the intent of the committee stage. My comments then I want to relate to Part 2 section 27 which relates to a further commentary on sections 12 and 13. So section 27 relates to the Section 11 amended (Matters to which Commissioner must have regard in exercising functions and powers)"—this is in particular to the amendment to the Children's Commissioner Act 2003. I think it's critically important—and it will relate to the other parts I want to relate to and I'll be asking the Minister to comment on that. The Minister will know that the Children's Commissioner has quite a critical role to both review and to ensure that the system at large is adhering to the intent which is to provide the best provision possible in this regard and in regards to the youth justice system and especially in dealing with these cases to try and address issues around recidivist behaviour and so forth but more importantly trying to look at that. So the section 27 then for my mind in extending the powers relates to sections 12 and 13. This is in regards to section 15 amended with the amendment as "Granting of bail to defendant who is 17 years of age" and replacing "17 years of age" with "18 years of age or younger". Subsection (2A) indicates a court that remands a defendant at any stage of the proceedings for the offence with which the defendant is charged including for sentence must release defendant on bail or otherwise subject to such conditions as it thinks fit if: the defendant is 17 years old; defendant is charged with or convicted of any offence in the District Court; the defendant has not previously been sentenced to imprisonment. So my question to the Minister in regards to bail I suppose in a sense is the discretion that's been laid upon the court. The Minister made some comments around the safety and concern. Yes the victims are quite often our young people that this regards but also too we've got a wider brief in scope to ensure the safety and concerns of the general public. So my question is just in regards to the Minister having confidence that the legislation covers enough discretion for the judiciary to make the appropriate decisions around that both in regards to the granting of bail and also then in some cases staying in remand. We know that the Children's Commissioner had actually made commentary in regards to those in remand. I take the Minister's comment tonight about the Social Services and Community Committee hearing around Estimates and I applaud her for the provisions for youth justice residency that allows for those to be to be placed there. But there have been some comments by the Children's Commissioner which is that in some cases those that are occupying those residency places—there's a varying degree of severity of those who should be there and who shouldn't be there. So the two parts to that question are: the discretion for the judiciary in regards to those who will be granted bail to ensure that their safety is concerned and the general public's and also too when they are on remand whether there's the ability for the facility—in this case the youth justice residential facility—to be able to cope with the varying degrees of severity of the concern that may be raised in this as well. I also too want to make that comment to clause 13 which talks about "Section 17A amended (Restriction on bail if defendant charged with serious Class A drug offence)". I genuinely make this to the Minister because I have had constituent cases where there have been those in remand in those situations there. In one case there was a situation in which the young person was assaulted and again it's the mix of those who are currently in that residence situation. The victims of crime are varied because even those who are resident there have that happen to them. Then there's the challenge I suppose to the wider public and giving confidence that the legislation allows for discretion to ensure that the safety of the public is not jeopardised because we put on bail a situation where a young person potentially could go on to create further harm. So those really are just my questions from Part 2. Everything else I think in there from my mind I think I have a satisfaction with but I'd like to put those questions to the Minister."