Cosgrove Clayton: Bail Amendment Bill — First Reading Second Reading In Committee Third Reading 
Cosgrove Clayton: Bail Amendment Bill — First Reading Second Reading In Committee Third Reading 
[Volume:651;Page:534] 
Hon CLAYTON COSGROVE (Labour—Waimakariri) 
: 
 The commencement date is exceptionally relevant because once the Governor-General signs the Bail Amendment Bill and it is enacted certain impacts will flow from it. We should not bring and I do not intend to bring the Governor-General into the debate but we know that he is a former judge. I have been a Minister and have attended Executive Council and I know that the Governor-General is often wont to ask questions around legislation—certainly with Orders in Council—before he signs them off. As my colleague Annette King has said I suspect that being a former judge he may well have questions. As a judicial official he was required to make decisions on evidence. 
I too would like to know whether as the legislation is packaged and sent up to the Governor-General there will be an attachment of news clippings because that appears to be all the evidence the Minister of Justice Simon Power has for the effectiveness of the bill—news clippings hearsay and opinion. I ask whether the impacts of this legislation will be summarised and attached to it as it is sent up to Government House for the Royal assent because once that Royal assent is applied we know what those impacts will be. 
Of course this point about the consequent impacts is very relevant. We have heard Mr Garrett say this legislation being passed and signed off by the Governor-General will have little impact and that little will change. We now know from Mr Power that once the Governor-General signs off this legislation all that it will do will be to send a message and nothing will change. I ask whether Mr Power might take this legislation himself in the limousine to the Governor-General and ask His Excellency: “Would you mind signing this other document?” which would trigger the parole legislation regarding two-thirds of a sentence. That would have the dual effect of making people safer and of being tough on crime. 
Hon Simon Power 
: You said this didn’t have an effect. 
Hon CLAYTON COSGROVE 
: Indeed—is the Minister agreeing with me? Will he take it up to Government House and trigger the parole legislation? 
I would like to know whether the Minister will be prepared to tell the Governor-General why the Government is passing this legislation before he signs it and to explain the evidence that legitimises the legislation and the consequent impacts that will flow from it. I ask whether he is prepared to commit to His Excellency that every New Zealander will be safer and that as Melissa Lee pointed out the day after this is signed there will be no more breaches of bail—it is almost as if no more crimes will be committed if we listen to National members—and I ask whether he is prepared to give those commitments to the Governor-General as the legislation is signed and therefore enacted on its date of commencement. These are legitimate questions Mr Chair as you will know being the previous Minister for Courts. 
As I say the Governor-General being a former judicial officer may well want to query his responsible Ministers from whom he takes advice as to the consequent impacts of this legislation. I suspect His Excellency will look at this legislation and conclude as we do that it changes nothing and that once it is enacted and has the commencement date put in place the status quo will effectively remain. That is what we have heard in speeches from the learned gentleman Mr Garrett in the evidence from Justice Heath and in the evidence the Opposition has put forward. 
Before we move on to the next clause I would again ask the Minister whether he is prepared to answer Mrs King’s questions about parole and whether he is prepared to table the evidence or if he will not table it with us then to provide His Excellency with it as the legislation is signed and given the Royal assent. Maybe then Mrs King and I could write to His Excellency and ask him whether he would release it and mail it to us. 
There is no evidence. Not one shred of evidence has been produced. We know that the consequential impacts that will flow when this legislation is given the Royal assent will be none—zero. There are no impacts and there are no changes. The status quo will simply remain. We have heard that from Mr Garrett. A little bit will change but in effect nothing will change. This is not part of National’s “get tough on crime” policy but I invite the Minister as he pops up to Government House with this legislation to simply lean over and say: “Here is another piece of paper your Excellency. Could you trigger the parole legislation?”. 
The CHAIRPERSON (Hon Rick Barker) 
: Before I call the next member I advise members that they should try to resist the temptation to bring the Governor-General into this debate and to speculate about the Governor-General’s motives and about how he might approach this matter. I want to make sure that members are aware of that.