Martin TraceyHon TRACEY MARTIN (Minister for Children): Kia ora Madam Assistant Speaker. Thank you very much. I rise on behalf of New Zealand First to address the Domestic Violence—Victims' Protection Bill in its second reading. Can I take this moment please to acknowledge all members of the Justice Committee because I have looked through all the submissions and I've been made aware of all the dialogue that took place at select committee and the work that the select committee did to come to a place of agreement. Can I acknowledge the work particularly of—I don't want to diminish the work of the National Party members of the select committee but I want to specifically acknowledge the work of the Labour Party members of the select committee around the suggested amendments they have made in the report back to the House. I think they are wise amendments.All members of the select committee took this seriously. Nobody was flippant with the consideration of this bill. But it is a reality that the bill has been reported back to the House without the select committee being able to agree. I want to acknowledge Parliamentary Under-Secretary Jan Logie to use her full title—Parliamentary Under-Secretary Jan Logie. If there has ever been a reason why Parliamentary Under-Secretary Jan Logie was originally elected to this House I would say this is one of those moments—to acknowledge that there are purposes in life and this is one of those for Parliamentary Under-Secretary Jan Logie. It's a very long title. We need to come up with some sort of acronym. New Zealand First actually shares the concerns of the National Party. New Zealand First shares the concerns around small and medium sized business. We don't share the reasons for their concerns. Business is not separated from community. Business owners are members of our community. Actually business owners—some of them are victims of domestic violence. So we don't see them being a disconnect and this is why there have been quite a lot of behind-the-scenes collegial conversations between myself and Parliamentary Under-Secretary Jan Logie and strangely enough the Minister of Finance. So if I go to the conversations in the first instance between New Zealand First and the author of the bill New Zealand First will be placing two Supplementary Order Papers on the Table in the committee of the whole House and they will be reflecting some of the concerns that have been addressed by some members of the business community. I want to acknowledge those members of the business community however who came into my office and said We don't even understand why there's a 10-day limit. We don't even understand why there's a 10-day limit. If an employee of ours walks on to our property and they have been beaten or they are scared out of their wits or somebody is following them and chasing them or trying to make them lose their job"—which is one of the other protections that is inside this bill that is not going to be supported unfortunately by the National Party—"then we will protect that person—not actually because they're a good employee. That is irrelevant if they're a good employee or not—it's because they're a human being." It's because they're a human being and it is part of what we do for each other and that is the change that this Government is trying to make. That is the change this Government is trying to make. So New Zealand First will be putting two Supplementary Order Papers on to the Table in the committee of the whole House and they have been agreed between myself and the author of the bill. Actually I was most interested in the women's submissions around this bill so I particularly read those submissions from women's organisations and one of the Supplementary Order Papers reflects the submission from the Rural Women of New Zealand. They're a group of women that often don't get a lot of credit for what they do about being the backbone of this country but they're a highly practical reasonable really hard-working group of women who know what it's like not only to be out there working on the land and making sure that you're running an appropriate business but also they're in small communities and they know what goes on. So the first Supplementary Order Paper will reflect that. The second Supplementary Order Paper will reflect some concerns we had about the fairness about—and I find that very interesting. The Hon Maggie Barry just argued that to an employee who says "I need to take domestic violence leave." any small business can say "Look I'm sorry but actually the business can't stand it right now."—right? The business can't stand it right now. She quite clearly articulated and she even went far enough to say that it would be almost impossible for an employee to argue against an employer of a small or medium sized business declining that leave on the basis of the financial vulnerability of that business but at the same time said that the business couldn't afford it so therefore they are going to vote against it. It was a confused contribution but there you have it. It was a confused contribution and it's a little bit like—the other suggestion is that victims should just use their sick leave. These people are not sick. They are being harmed by somebody else. They haven't got the flu. It's not the flu. They are being harmed and in some cases hunted by other people. This is about stepping up. But New Zealand First is also concerned around the fact that—we understand. It's not that we have put this in bottom lines around businesses but we understand that businesses are members of our community they're making a living and they've got to pay their mortgages and put food on the table and that is why we have had conversations with the Minister of Finance. We are continuing to have these conversations but in the first part of these conversations—and we'll be able to be clearer as we come towards the committee of the whole House—is that the Tax Working Group will be considering any leave taken under this piece of legislation as a tax-deductible expense. So that means that we are making sure that we recognise those business owners that are part of our community—the small and medium sized businesses—that absolutely—Hon Maggie Barry: So the taxpayer foots the bill. Hon TRACEY MARTIN: Oh and now we're hearing that Maggie Barry is shouting out that the taxpayers will foot the bill for domestic violence. I'm not quite sure who Ms Maggie Barry thinks is footing the bill right now for domestic violence. With the police numbers with the imprisonment numbers with the violence against children and with the violence against women and men inside their homes who does the Opposition think is currently footing the bill for domestic violence? Who does the Opposition think is currently paying? It is the taxpayer. It is the taxpayer but Ms Barry continues to harp on about the fact that it can't be the business owner it can't be the taxpayer—but then who is left? Who is left to take responsibility and be brave? All of us have to take responsibility and be brave over this issue. All of us on this side of the House are prepared to do so. All of us—Hon Maggie Barry: Tragic. Hon TRACEY MARTIN: Oh "tragic" she says now. Oh my goodness! Oh my goodness—and I'm repeating what Ms Barry says because it puts it on the Hansard and I want it there for history. I want it there for history that Ms Barry has said that the taxpayer should not pay for domestic violence business should not pay for domestic violence and she considers that while it's tragic with a tone—Hon Maggie Barry: I raise a point of order Madam Speaker. The member is totally misrepresenting my position. I am offended and dismayed by her inaccuracy and I would like her to withdraw and apologise. I take offence. ASSISTANT SPEAKER (Poto Williams): I thank the member and I apologise to the member for what has just occurred. There are some provisions within the Standing Orders that if you feel that you've been misrepresented you can follow those actions in order to correct that. So I encourage the member to do so. Hon Mark Mitchell: I raise a point of order Madam Speaker. Can I just clarify. Is the member able to correct the Hansard as part of that procedure because the member just clearly stated that she wanted it on the Hansard—something that she misrepresented in the—ASSISTANT SPEAKER (Poto Williams): There is a process that needs to be engaged in so I ask the member to engage in that process. As a result of that that may result in corrections but we cannot pre-empt that. So—Hon Judith Collins: I raise a point of order Madam Speaker. Thank you Madam Assistant Speaker. The Hon Maggie Barry has clearly taken offence. ASSISTANT SPEAKER (Poto Williams): Yes. Hon Judith Collins: She has said she's taken offence. I would suggest that the right action would be for the Hon Tracey Martin to withdraw and apologise. ASSISTANT SPEAKER (Poto Williams): I thank the member for her intervention. I've already given a way forward. On the matter of offence or the use or misuse of language and whether it is unparliamentary there are longstanding Speakers' rulings that state—and I will refer the member to rulings by the Rt Hon David Carter as well—that the House must take offence in order for that course of action to—[Hon Judith Collins moves forward in her seat] No Ms Collins I'm speaking and I'm ruling. I've given the member a course of action to undertake and the member has the opportunity to do so. I am now going to call the Hon Tracey Martin to continue with—Hon Judith Collins: I raise a point of order Madam Speaker. ASSISTANT SPEAKER (Poto Williams): I hope you are not going to relitigate what I have just said. Hon Judith Collins: When I am sitting in my chair and I have moved myself I don't expect to be told to sit down or to be quiet while you're about to say something—ASSISTANT SPEAKER (Poto Williams): I—Hon Judith Collins: —when I haven't actually said anything. ASSISTANT SPEAKER (Poto Williams): The member will resume her seat. The member will resume her seat. Hon Judith Collins: Point of order Madam Speaker. ASSISTANT SPEAKER (Poto Williams): Point of order—Hon Judith Collins: I have been a member of this House—ASSISTANT SPEAKER (Poto Williams): No I haven't called the member yet. Hon Judith Collins: Point of order. ASSISTANT SPEAKER (Poto Williams): Point of order the Hon Judith Collins. Hon Judith Collins: I raise a point of order Madam Speaker. I've been a member of this House for 16 years. I've dealt with a lot of Speakers and I have never been spoken to in such a condescending way as you have just done. Perhaps that's going to be the new standard from now on but I suggest it's not going to help this House.ASSISTANT SPEAKER (Poto Williams): I would ask the member to resume her seat and I asked the member to resume her seat before. I am the Speaker in this House. When I'm on my feet you will resume your seat and you will be silent. I have given the member a course of action to undertake and she is going to do so. That is the end of this matter. I call—Hon Member: Point of order.ASSISTANT SPEAKER (Poto Williams): No that is the end of this matter.Hon Mark Mitchell: I raise a point of order Madam Speaker. All I'd request you to do as the Speaker of the House is review Standing Order 110(1) in relation to this matter. Otherwise the member may lose her opportunity that she's entitled to under the Standing Orders.ASSISTANT SPEAKER (Poto Williams): I will review the matter thank you. Thank you and I will report back to the member—Hon Judith Collins: I raise a point of order Madam Speaker. Well when you say that the House must take offence are you the House for that purpose or should we have a vote?ASSISTANT SPEAKER (Poto Williams): For the purpose of this I will adjudicate whether the House has taken offence and the House has not taken offence. I'm going to now call the Hon Tracey Martin to resume her speech.Hon TRACEY MARTIN: Kia ora Madam Assistant Speaker. Thank you very much. Let's get back to the bill shall we? New Zealand First will be supporting the bill at second reading. We will be bringing two Supplementary Order Papers one to reflect the submissions by Rural Women New Zealand and a second Supplementary Order Paper with regard to assisting small business when it comes to the employee's opportunity to lay a complaint or express a concern about a decline around the request to actually change their flexible working hours. We will continue to work with the Minister of Finance who has said that this item will be sent to the Tax Working Group for them to consider that the amount of days taken under this particular leave provision could be made tax-deductible for business. We will continue to have conversations with the Minister of Finance's office around how we can ensure that small and medium sized businesses particularly are not penalised for doing what they want to do. They want to care for the people in their communities regardless of whether they are a good employee or regardless—they are just another human being that they are associating with. They want to do the right thing and we're going to try and support them to do the right thing. So again I honour Parliamentary Under-Secretary Jan Logie. Kia ora."