Faafoi Kris: Bail Amendment Bill — Second ReadingText is incorporated into the Bound VolumeFaafoi Kris: Bail Amendment Bill — Second Reading[Sitting date: 02 July 2013. Volume:691;Page:11532. Text is incorporated into the Bound Volume.]KRIS FAAFOI (Labour—Mana):I am glad that Mike Sabin has had the opportunity to have his daily rant. There are some things that I have agreed with him on and there are some things that I have disagreed with him on. I will get to the stuff that I agreed with him on soon; it will be a very short part of my speech. What I did disagree with him on is that that side of the House has got some kind of longstanding record on law and order. It relies on it a lot but it is actually quite shallow. He says that on this side of the House any moves that we have taken in this area have been—I think he said we were sitting on our hands. But as Mr Goff pointed out in his speech the changes that the last Labour Government made in the areas of sentencing parole and bail aremuch more fundamental than the changes that are taking place in this bill the Bail Amendment Bill so I fundamentally disagree with Mr Sabin on that issue.I just want to begin by acknowledging the other members of the Law and Order Committee. I know we have had our challenges as of late but I do see Mr Mitchell; Mr McKelvie; you Mr Assistant Speaker Tisch; David Clendon; and also Richard Prosser. The process of listening to the many submissions on the Bail Amendment Bill I think as Mr McKelvie said was challenging. We had a lot of submitters who had very emotional stories to tell and I think that all those people who did come through with some personal stories are very very brave. I did want to point out two people—the first one being Tracey Marceau the mother of Christie Marceau and also someone who at the session we had in Auckland stood out for me and that was Charlie Borrell the father of Augustine Borrell a young man who was killed by someone who was out on parole.As has been said the Labour Party will be supporting the Bail Amendment Bill. One area that I do agree with Mr Sabin on is that we do support the reverse onus of proof operating in cases such as those with I think it was class A drugs and serious offences. We support—[Interruption ]KRIS FAAFOI: Excuse me?Hon Tau Henare: You heard.KRIS FAAFOI: I prefer not to listen. We do support that reverse onus of proof because that will put more of an onus on the judges to look more carefully especially at the high-risk cases when using their discretion about applying for or whether or not to give bail. I guess that in the case of Christie Marceau—and that is certainly one case we heard a lot about during the submission stage—that would have made a difference.Mr Sabin also talked about the discretion of police to arrest youths without an arrest warrant. We also do support that with a proviso and this is something that Youth Court judges said needs to clearly exclude the trivial while providing the police with the ability to be effective when faced with serious and significant breaches of bail with young people. As Mr Prosser said in his speech as well we think an issue that the Government does need to address is the serious delays in the court system which are creating long periods of time for people waiting for their cases to be heard and which are increasing the likelihood of offending while out on bail.Another thing—a practical thing—that the select committee heard was around a risk assessment tool that may be able to be provided for the judiciary. I understand that the Department of Corrections does have one called ROCROI and there was some talk about being able to see whether we could implement a similar risk assessment tool for the judiciary to use. Hopefully that is something that is followed up by the Government when it starts implementing some of the changes in the Bail Amendment Bill because we think that that is one practical way that could help.Just to finish up this is a bill that we hope will make a difference to a lot of people who we do not want to have the same experience as the people who came to us and submitted to the select committee.