Ardern Shane: Third Readings 
Ardern Shane: Third Readings 
[Volume:636;Page:7181] 
SHANE ARDERN (National—Taranaki-King Country) 
: 
 I thank the Minister of Health Pete Hodgson for his comments. This was difficult legislation for any select committee to have to deal with. The process was one of those rare occasions where Parliament worked in a totally multi-partisan way. There were no politics. It was difficult to find the politics in this legislation. I also thank the other members of the Government Administration Committee who spent numerous hours going through what at times were tedious recommendations and suchlike from various organisations. I thank the staff of the committee the Clerk’s Office and all those involved. Certainly I thank the officials from the Minister’s office who were very articulate in the way they presented the issues to us but were equally good at listening to the concerns of the committee then going away and coming back with alternative recommendations. I know that at times the parliamentary staff found the job quite difficult particularly parliamentary counsel and I thank them for their efforts. Sir Geoffrey Palmer and the Law Commission spent time going through some of the anxiety the committee had around the executive power we were giving to whoever is in Government in relation to this legislation. 
The legislation is potential law that we hope will never be needed but if we look at history I think it is easy to conclude that at some stage in the future it will be. In 1918 New Zealand had an epidemic the likes of which would trigger this legislation. Again in the 1950s a similar event occurred although it is not as well-known as the 1918 flu epidemic and there have been numerous other examples around the world. We all know the concerns worldwide about avian bird flu which as yet has not gone from one species to another species. According to scientists it is only a matter of time before it does. So something was necessary and it is only prudent to plan for such an event. 
The select committee spent some time on what is now clause 5 of the Epidemic Preparedness Bill which empowers the Prime Minister. In fact a lot of debate took place around what should be done in respect of how to trigger a pandemic notice and have it gazetted and who should make that decision. In the finish the committee came down on the side of the Prime Minister being the principal person who would make that decision having first been advised in writing by the Director-General of Health and having the support of the Minister of Health. The committee to try to bring balance to that executive power then looked at how the House could be involved not only in ratifying any decisions post the event but in planning for such an event. It came out with the final recommendation that the House should be notified as soon as possible and practical after such a gazetted notice of a pandemic and where practical and possible the House should be recalled—not necessarily in Wellington if that was deemed to be unhealthy or unwise. The Governor-General currently has the power to decide where Parliament sits so the committee decided that that was a reasonable balance. 
 During the discussions the other issue that arose was that of what would happen if there was such an event after Parliament had been prorogued and therefore we were in between Parliaments so to speak—either during an election campaign cycle which may not be able to take place as the result of the pandemic or after an election when the result was known but the new Parliament could not meet due to the pandemic. It was decided that further work needed to be done. I was heartened by the Minister’s comments in the first reading debate that the ministry was going to look at a way forward. 
The committee also asked whether there were any Standing Orders that would need to be amended and we were informed that there were. In fact the Regulations Review Committee spent some time looking at that. We have been informed that that will take place at the earliest opportunity. The committee was reasonably comfortable that we had arrived at a place where we had struck a good balance between the amount of executive power that would be necessary for the Government to manage a pandemic of some sort that had the potential to disable large parts of New Zealand to cause the deaths of thousands of people and to disrupt the economy and general business and the checks and balances on that executive power which are needed anywhere through a parliamentary process. I think we have the legislation about right. We will never know until it is tested. I hope it is not in my parliamentary time. I hope it never happens but I guess that is wishful thinking. 
Certainly when the legislation is tested the media will take an interest in it. There has been a deafening silence from those who would normally have a view on this kind of thing. Throughout this process there has been overwhelming media publicity of the work the select committee has done! I am not sure how the members of the committee can cope with the publicity we have had! However I am sure the media would be immediately interested in who was on the committee and what had been decided in the event that a pandemic did take place. 
This legislation is one of those rare occasions when Parliament has worked together. The public often screams—after watching 30-second sound bites of the most dramatic bits of what happens in here—about the childish and nonsensical way that this place operates. Now we have an occasion where Parliament has worked together and I guarantee that there will be columns written in all the major papers that the legislation will have at least 15 minutes of television time and that the media will pay attention to it like nothing else! 
With those few words it is my pleasure to support this legislation. I hope the legislation is able to achieve the goal that is set out for it to achieve.