Cosgrove Clayton: Employment Relations Amendment Bill — Second Reading In Committee 
Cosgrove Clayton: Employment Relations Amendment Bill — Second Reading In Committee 
[Volume:651;Page:435] 
Hon CLAYTON COSGROVE (Labour—Waimakariri) 
: 
 I want to raise two points. The Minister in the chair the Hon Kate Wilkinson is bereft of any ability to answer questions for some reason. 
My colleague Lianne Dalziel who is a former Minister of Immigration as I am raised a very important point as to what the immigration status would be of migrants on an employer-specific work permit who are sacked and have no right to work. The Minister of Labour is also the Associate Minister of Immigration. She has very learned officials—I know that because they worked with my colleague and me—sitting around her. They are very professional learned legal officials. If she does not know the answer she has the ability to turn to her right and ask them. 
This issue will affect many thousands of migrants in New Zealand and it will determine the choices and decisions of migrants who are thinking of coming to New Zealand. A genius on the other side of the Chamber earlier in the day rubbished the point made by one of my colleagues—I think it was Lianne Dalziel—that there are migrants for whom this bill will determine their decision whether to come to New Zealand because if they are on an employer-specific permit their permit will be negated or in jeopardy if they are sacked. I would have thought that given that there is no select committee process the bill is being rammed through the House and there is an inadequate regulatory impact statement it was reasonable of the Opposition to ask a question about something that is incredibly important to the economy of this country and that is what happens to the status of migrants. I would have thought that was a reasonable question. A colleague put it forward and I put it forward again. 
The other question I ask goes back to the points made by Mr Carter and other people about teachers. We know that Anne Tolley made a commitment that this bill does not apply to teachers. I remember during the election campaign raising the same issue in my own electorate at the Rangiora War Memorial Hall with this Minister—or member as she was then. I think Mr Carter or Mr Mallard outed Ms Tolley and then outed Ms Wilkinson in respect of their responses on this issue. We got a lot of waffle from Ms Wilkinson as a candidate then; we never got an answer. If we look at the background we see that Ms Tolley the Minister of Education said that the bill would not apply to teachers we had an election campaign where Ms Wilkinson said it would apply and the bill itself makes no exemption for teachers. Then we read new section 67A(4)—in clause 7—which simply states: “ ‘Employer’ means an employer who at the beginning of the day on which the employment agreement is entered into employs fewer than 20 employees.” 
Well there is a school in my electorate called View Hill School. It is a two to three teacher school. I will have to go to that school next week and tell the board and the staff that this legislation will apply when they employ a new teacher. From time to time Ms Wilkinson resides in the same patch that I do. I would like to know whether she went to View Hill School and told them that. I am going to tell them and I am sure they will be shocked about it. I would have thought she would have a skerrick of decency and would get on her feet and answer that question. There are thousands of teachers trainee teachers and boards of trustees waiting for an answer—I think Mr Mallard said a third of schools have fewer than twenty employees—and I would have thought she would exercise her professional responsibility to get to her feet and clarify the situation. If she will not do that then she has answered the question and we know what to do on Monday morning before schools break up for the holidays. 
If it is the case that the bill applies to teachers it was never signalled. That is a broken promise made by this Government because the former spokesperson on education now the Minister— 
Hon David Parker 
: Add it to the list. 
Hon CLAYTON COSGROVE 
: —“Add it to the list.” my colleague says—made an absolute commitment on tape on YouTube or on whatever it was—[ 
Interruption 
] It was on Television One tonight? I did not see the news. If that is the case should not that Minister be exercising her professional duty to get off her backside get on her feet and actually clarify the situation? 
John Hayes 
: Come on have some decorum! 
Hon CLAYTON COSGROVE 
: I am sure Mr Hayes would like to go to his schools. I am sure he will have his teachers— 
Hon Parekura Horomia 
: They don’t know him over there! 
Hon CLAYTON COSGROVE 
: Oh they do not know him—OK. I would have thought those members would say that it was fair enough to put that question—and the immigration question—to the Minister. They have been put and put and put by Opposition members and we see the arrogance of the Minister who after only a couple of weeks in the job will not get up and answer those simple questions. There is no politics in them; these are questions that we need answers to.