Robertson Grant: Government Communications Security Bureau Amendment Bill Inspector-General of Intelligence and Security Amendment Bill Intelligence and Security Committee Amendment Bill — Third ReadingsText is incorporated into the Bound VolumeRobertson Grant: Government Communications Security Bureau Amendment Bill Inspector-General of Intelligence and Security Amendment Bill Intelligence and Security Committee Amendment Bill — Third Readings[Sitting date: 21 August 2013. Volume:692;Page:12695. Text is incorporated into the Bound Volume.]Government Communications Security Bureau Amendment BillInspector-General of Intelligence and Security Amendment BillGRANT ROBERTSON (Deputy Leader—Labour):New Zealand is a country that has been built on the values of democracy independence and transparency. We value our security. We value our privacy. A lecture from Bill English about the importance of security and independence when it is his Government and John Key who have undermined New Zealanders’ confidence in our security and intelligence agencies is something we on this side of the House will not take. The politics that have been played here have been played by John Key demeaning and diminishing any opposition to this bill and arrogantly dismissing agencies like the Human Rights Commission the Law Society MarieShroff who is the Privacy Commissioner Sir Geoffrey Palmer and Sir Bruce Ferguson—all of them dismissed out of hand by an arrogant out-of-touch Prime Minister John Key. We will not take that from this National Party.As we stand here today this Government Communications and Security Bureau (GCSB) legislation undermines those core New Zealand values of democracy independence and transparency. It damages our democracy and the Labour Party opposes this legislation absolutely. It has been driven through by John Key and a National Party that has lost touch with the concerns of New Zealanders—the thousands of New Zealanders who have marched up and down streets across New Zealand the 1500 or 2000 who showed up at the Auckland Town Hall and the 50000 who emailedCampbell Live . John Key dismisses those concerns as being wrong and irrelevant. He has lost touch with New Zealanders on this issue. He has lost touch and arrogantly dismisses all of the concerns raised by genuine people who say to him: “You John Key are destroying the trust and confidence of New Zealanders in their security and intelligence agencies.”John Key is not taking New Zealanders with him on an issue that is so serious for our future. He is relying on a one-vote majority to fundamentally expand and change the powers of the GCSB—a one-vote majority that the person giving it has acknowledged was bought; willing buyer willing seller. That is what changes the law today to expand the powers of the GCSB. The loss of confidence in New Zealand’s security agencies lies at the feet of John Key. It started with his evasions around Kim Dotcom his inability to front up to New Zealanders. He had to have every detail dragged out of him about that illegal spying and then when it emerged that there was more illegal spying the details of that had to be dragged out of John Key. He tried to cover it up for months.He loses touch with New Zealanders and he loses their trust and confidence when he does that.Then he appoints his childhood friend to run the GCSB. He pretends he did not contact him and then it emerges that he did contact him. He was the only person interviewed for the position Mr Key. That is not consistent with the values of New Zealanders. New Zealanders know it is wrong to appoint your mate to a job like that. That is so serious and important for New Zealanders and that is what reduces the confidence and trust of New Zealanders in our security agencies.Then John Key loses touch with the international events that are going on. We are not living in a vacuum here. There are things happening all over the world around the security of citizens and around how their privacy is treated. This was as David Shearer said an opportunity for New Zealand a moment for New Zealand to say: “We understand how much the world has changed in a decade. Yes this legislation needs to change and we’ll do that on the basis of the values of New Zealanders—on the basis of democracy on the basis of independence on the basis of transparency.” But John Key did not take up that opportunity. He did not take New Zealanders with him. If there had been a review that would have been an opportunity for a conversation with New Zealanders about what they want from their agencies. It would have taken New Zealanders with them and rebuilt that trust. But John Key ploughs on trying to put a Band-Aid over the political wound that is the GCSB and he does that at the expense of our democracy.The Government and John Key have failed to make the case for this legislation. He threw out the al-Qaeda threat onBreakfast withSi and Gary . We had him stand up in the House today and say: “I can’t tell you about all these terrible things that are happening but by the way when I was talking toSi and Gary I threw Yemen in.” That is how much respect John Key has got for this Parliament. He puts that out there toSi and Gary but he will not come to this House and be upfront with us. The work has not been done to build New Zealanders’ confidence and trust into this bill.John Key and Bill English have both said today that this bill does not expand the powers of the GCSB. That is wrong. It fundamentally does. It includes a brand new function for the GCSB. John Key chose to come to the House today and reinterpret section 8A inserted by clause 6 of the legislation. He tells us today that he can define how warrants will be put under that legislation. Well I say to Mr Key: “Put it in the law.” Put it in the law if that is what you believe because section 8A deals with something that New Zealanders are very concerned about—the question of whether or not the content of their emails and their communications can be looked at. It is clear that there is no clause in this legislation that provides that protection.John Key says that section 8A is about protection. Well how is he going to provide that protection? He is going to provide that protection by using the powers of the GCSB to spy and therefore New Zealanders deserve to be protected. But you know what? New section 14 inserted by clause 12 of this legislation which allegedly protects New Zealanders applies to only one of the three functions of the GCSB. It does not apply to section 8A. So New Zealanders are not protected in this legislation when it comes to the cyber-security and information assurance function. Today in the Privileges Committee Ministers from the National Government were horrified when they discovered that their metadata was suddenly going to be looked at. They were appalled by this. Well if they are appalled by that why will they not provide those same protections to ordinary New Zealanders whom they are so worried about? My colleague David Parker will talk more about that in the future.I also want to refer to another expansion of powers that John Key will not admit to. Section 8C inserted by clause 6 allows the GCSB to cooperate with other agencies andprovides support to them. Once upon a time when that power was in the Government Communications Security Bureau Act 2003 it was limited to the safety of any person and the prevention or detection of a serious crime. Those criteria those provisos have gone. They have gone. Section 8C says that the GCSB can support the SIS the New Zealand Defence Force and the Police in any of their functions. Anything that they do the GCSB is now able to work in that space. Remember that section 8C is not covered by new section 14 which protects the rights of New Zealanders.This was an opportunity to improve the oversight mechanisms. A lot has changed in a decade in this country. We do need to improve the oversight mechanisms that were in the 2003 Act but instead there is a tinkering around the edges that concentrates all the power in the hands of John Key the very man who has ensured that New Zealanders’ trust and confidence has disappeared from our security agencies. There is still an opportunity for a member of National to show some conscience and get up and cast their vote against this bill. John Banks could do it. He could listen to the libertarian part of his party—the ACT Party—that is telling him and saying to him that this is wrong and against the ACT Party’s principles. He could vote against it. Peter Dunne could actually come good on his word when he said this: “New Zealanders will never be spied on.” That is what he said. He said: “I would never vote for that.” but today he votes for that. He could turn it round.What we need in this House is for MPs to stand up for New Zealanders’ values of democracy and independence and transparency. The Labour Party is standing up for those values by opposing this bill today. When we are in Government we will get rid of this law and we will replace it with a law that will restore the confidence of New Zealanders in their security agencies. It will get the balance between security and privacy and it will support the values of New Zealanders. Labour will stand up for those values; today National trashes them.