Huo Raymond: Electoral (Disqualification of Sentenced Prisoners) Amendment Bill — In Committee 
Huo Raymond: Electoral (Disqualification of Sentenced Prisoners) Amendment Bill — In Committee 
[Volume:668;Page:15200] 
RAYMOND HUO (Labour) 
: 
 Before I begin my contribution I would like to thank National MP Mr Paul Quinn for introducing his member’s bill the Electoral (Disqualification of Sentenced Prisoners) Amendment Bill because despite the fact that we are wasting the valuable time of the Committee on debating this silly bill by presenting it Mr Paul Quinn has clearly shown what this Government is up to. In a way the whole country has been saved a considerable amount of time because the Government’s veil of political correctness has been lifted. 
This bill is designed to look as though National is being tough on crime but the reality is that through this bill and a subsequent amendment recommended by the National and ACT members of the Law and Order Committee the bill will allow all existing prisoners including New Zealand’s worst criminals like Graeme Burton and William Bell to vote. The only winners should this bill pass into law seem to be Graeme Burton William Bell and Clayton Weatherston who are not permitted to vote under the current law. Graeme Burton and co. cannot vote. The very worst criminals are already disqualified from registering as electors under the current law. As a member of the Law and Order Committee I was amazed to see the National and ACT members who make up the majority of the select committee recommend amending the title of the bill and subsequently clauses 4 and 5. Mr Paul Quinn mentioned Supplementary Order Paper 174 in his name which has just reinforced my position. 
I take this opportunity to thank the Parliamentary Counsel Office for doing a great job because its staff are professionals and they are not responsible for any policy initiatives. It is not fair for Mr Quinn to try to blame them for any mistakes originated from the policy initiatives. 
There is a recommendation to completely repeal the current disqualification provision in section 80(1)(d) of the Electoral Act 1993 and to replace it with the new provision which I will read out. It states: “a person who is detained in a prison pursuant to a sentence of imprisonment imposed after the commencement of the Electoral (Disqualification of Sentenced Prisoners) Amendment Act 2010:”. It therefore repeals the legislative provision that disqualifies people who are presently serving lengthy prison sentences and instead only disqualifies people who are sentenced to prison after the bill is enacted into law. There would be nothing in law to stop anyone who is in prison at the time that the bill is enacted from applying to be registered to vote and consequently casting a vote at the 2011 general election. That includes the worst murderers rapists and violent criminals like Graeme Burton William Bell and Clayton Weatherston who are not permitted to vote under the current law. 
I do not agree with the view of the Department of Corrections that the disqualification would continue to apply to presently disqualified prisoners by virtue of the Interpretation Act 1999. Section 19(1) of that Act states: “The repeal of an enactment does not affect a liability to a penalty for an offence or for a breach of an enactment committed before the repeal.” The problem is that disqualification from voting is not itself a penalty; it is the consequence of a penalty being imposed. Under the Electoral Act 1993 all adult New Zealanders and permanent residents are eligible to be enrolled. Section 80 of that Act disqualifies some of those people by disqualifying prisoners who are serving 3 years’ imprisonment or more but the amendment to section 80 in clause 4 of the bill means that those people would become eligible to be re-enrolled. 
I agree with the Attorney-General that this bill is constitutionally flawed and is unjustifiably inconsistent with the New Zealand Bill of Rights Act.