Fenton Darien: Law Reform (Epidemic Preparedness) Bill — Second Reading 
Fenton Darien: Law Reform (Epidemic Preparedness) Bill — Second Reading 
[Volume:636;Page:6903] 
DARIEN FENTON (Labour) 
: 
 I am pleased to speak in support of the Law Reform (Epidemic Preparedness) Bill and want to echo my colleague’s comments about the constructive approach of the Government Administration Committee in working together on this bill. 
The bill is a critical part of New Zealand’s strategy to manage the effects of any pandemic that threatens New Zealand. The bill is forward-looking in that it not only establishes arrangements to manage the health effects of a pandemic but also enables other laws to be modified to manage other significant disruptions to Government or business activities that may arise from a pandemic. 
The widening spread of the H5N1 strain of avian flu means there is now a significant risk of another human influenza pandemic. Although we hope that will never be something we have to face history tells us something different. Last century New Zealand had three widespread influenza epidemics—in 1918-19 1957 and 1968. Like many in this House I grew up with stories about a family member who died in that early flu. My grandmother used to talk about her young Uncle Dan who went off and fought in the First World War made it home safely and then died in the great flu as she called it. Right up until my grandma died she mourned the loss of Dan. I never knew him but I witnessed the lasting grief that a pandemic can cause one family let alone the thousands who suffered during that dreadful flu. 
Although H5N1 may not be the one that eventually causes the next pandemic one will eventually arise. That is why this Government has introduced a whole-of-Government work programme to ensure that if a pandemic reaches our shores we are ready to deal with what could be some of the most serious social and economic challenges we have faced in recent times. 
The select committee was very conscious of its responsibility and also that a bill of this nature—that can use wide powers in emergencies—must have checks and balances. We were grateful for the advice of the Law Commission and Sir Geoffrey Palmer who assisted the committee with these issues. The bill now includes a number of measures to ensure that necessary emergency powers are established to deal with any future pandemic while at the same time including suitable checks and balances to ensure that those emergency powers are used appropriately. I commend the work of the Government Administration Committee and the Law Commission for their advice. 
My colleagues the Minister of Health and Shane Ardern have already described the checks and balances in the course of discussing this bill but it is worth spending some time focusing on these safeguards. The checks and balances provide that the Prime Minister can issue an epidemic notice only with the agreement of the Minister of Health and with the written recommendation of the Director-General of Health. An epidemic notice must be presented to the House of Representatives. If Parliament is not sitting when an epidemic notice is issued Parliament must be called together within 7 days of the notice being issued. An epidemic notice will remain in force for only as long as is necessary. The Prime Minister and the Minister of Health on the advice of the Director-General of Health must continue to be satisfied that the effects of an outbreak of a stated infectious disease are likely to disrupt significantly central government and business activity in New Zealand or the stated parts of New Zealand. 
The Prime Minister may issue an epidemic management notice to modify other laws only with the agreement of the Minister responsible for the administration of those laws. Where possible Orders in Council to modify laws when an epidemic notice is made should be prepared in advance. These advance orders can then be tabled in Parliament and referred by the relevant Minister to the Regulations Review Committee before being sent to Cabinet in accordance with current practice. Where orders to modify laws have not been made in advance of an epidemic notice and it is found to be necessary to modify certain laws immediate modification Orders in Council can be made. 
The bill establishes an amended scrutiny and disallowance process for Parliament to review immediate modification orders made after the epidemic notice. A modification order made under the bill may not modify the Bill of Rights 1688 the Constitution Act 1986 the Electoral Act 1993 the Judicature Amendment Act 1972 or the New Zealand Bill of Rights 1990. These laws govern fundamental rights and freedoms that can be amended only by primary legislation. The Prime Minister is required to declare by notice in the  
Gazette 
 which parts of an epidemic notice are no longer needed. 
The bill offers a measure of reassurance in the face of a threat posed by potential pandemics that we have this legislation enabling us to respond as effectively as can be planned and in doing that to know we have struck a responsible balance between the powers needed and the rights and freedoms of our society. We all have a responsibility in New Zealand to New Zealand families to do everything we can to prepare for this possibility. The select committee took this responsibility seriously and worked in a very constructive way to improve the bill. 
The unanimous report shows that MPs from all parties on the committee were committed to ensuring that New Zealand has sound measures in place to mitigate and manage the effects of any pandemic while at the same time ensuring that the wide powers that could be assumed under the bill are subject to parliamentary examination. 
The architecture of the bill has been simplified: it has greater clarity as to what will happen when an epidemic occurs; it ensures parliamentary scrutiny remains; and the ambit of the powers and restrictions are clearly stated. 
I congratulate the members of the select committee on the manner in which the consideration of this important bill was conducted and have great pleasure in supporting it.