Smith Lockwood: Diplomatic Privileges and Immunities Amendment Bill — In Committee 
Smith Lockwood: Diplomatic Privileges and Immunities Amendment Bill — In Committee 
[Volume:615;Page:11254] 
Dr the Hon LOCKWOOD SMITH (National—Rodney) 
: 
 I seek the indulgence of the Minister in the chair the Hon Marian Hobbs to come back to the new clause 2A that we are supposed to be debating which inserts a new section 9AB and especially subsection (5). Despite my best efforts to sort out what on earth this subsection is doing I still do not have a clear understanding. While I appreciate the Minister’s last attempt to explain it it did not clarify it. 
This is not really a big political issue—this is what Parliament is meant to be doing: scrutinising legislation. Too often legislation passes through this Parliament that no member understands. It goes through and we get into trouble because no one understood what the hell it meant and we end up with courts interpreting it and being surprised by them concluding things that we did not expect. 
Let me be specific. What I do not understand about new subsection (5) is this: as I understand new section 9AB inserted by clause 2A that section will give the Government the power by Order in Council to confer diplomatic privileges and immunities on European Commission delegates officials and their families etc. Subsection (5) in new section 9AB refers to an order made under section 9(2)(a). Now what I do not understand is that the very immunities and privileges that we would be conferring here are made under the new section 9AB. That is what we are inserting here—a new section 9AB to confer these diplomatic privileges and immunities. Why has subsection (5) been tagged on stating: “An order made under section 9(2)(a)”? I understand that section 9(2)(a) is considered inadequate to do the job. 
One reading of the current section 9(2)(a) (b) and (c) would suggest that maybe they could be used to confer the necessary diplomatic privileges and immunities on the European Commission delegation. Theoretically it would be possible to use those sections but in order to make it absolutely clear that there is no doubt that we can do this new section 9AB is being inserted by this clause 2A that we are debating right now. Why do we then have subsection (5) attached to the end of it which we gather has not been attached by the Government through policy but because parliamentary counsel suggested that it should be tagged on the end? 
Is it tagged there because we already have some diplomatic privileges and immunities granted under section 9(2)(a)? Have we already used section 9(2)(a) because we do not yet have new section 9AB to grant some diplomatic privileges and immunities? Why is: “(5) An order made under section 9(2)(a) in respect of the European Commission” tagged on there when at the moment we are putting in this new section 9AB in order to grant privileges and immunities to the European Commission? That is what I am just not understanding. 
As I say there is nothing big and political about this; it is just an MP trying to do his job to make sure that what we are passing in the Committee makes sense. I want to be sure that we are not putting into our law something that simply does not make sense. I am a little bit concerned because I gather this is not so much about policy but is something that parliamentary counsel has suggested should be attached. I just wonder how much scrutiny it has had. I suspect that a Cabinet committee has not actually seen that bit. 
I would really appreciate it if the Minister could explain why subsection (5) is needed—indeed why an Order in Council might be made under section 9(2)(a) when this new section 9AB is being inserted to enable us to make orders to cover the European Commission. I am happy to resume my seat to enable that explanation to be given because if that matter can be explained quite clearly then we have no opposition to new clause 2A at all. 
The question was put that the amendment set out on Supplementary Order Paper 190 in the name of the Hon Phil Goff to insert new clause 2A be agreed to. 
New clause 2A agreed to.