Brownlee Gerry: Questions for Oral Answer — Questions to Ministers 
Brownlee Gerry: Questions for Oral Answer — Questions to Ministers 
[Volume:637;Page:7960] 
6.  
GERRY BROWNLEE (National—Ilam) 
 to the  
Minister of Justice 
: Is he satisfied with the way in which the Parole Act 2002 has been applied by the Parole Board; if not why not? 
Hon MARK BURTON (Minister of Justice) 
: 
 I am satisfied that the Parole Board has generally operated within powers provided in the Act. However the Government is making further amendments to the Criminal Justice Reform Bill currently before the House. These will deal with the board’s right to receive information its power to call evidence or witnesses and its right to receive direct applications from the police for recall where they believe there is a risk to public safety. This will ensure that the Parole Board can make full use of all available information. 
Gerry Brownlee 
: Can the Minister confirm that section 28 of the Parole Act states that the Parole Board should release offenders only if it is satisfied on reasonable grounds that they do not pose an undue risk to the community; if so why did the Parole Board fail to meet that basic duty in the case of Graeme Burton? 
Hon MARK BURTON 
: As the member knows I cannot comment on individual cases; I do not have that responsibility. But I can confirm— 
Gerry Brownlee 
: I raise a point of order Madam Speaker. You cannot accept that from the Minister. Earlier this afternoon the Prime Minister stated that the reason she has been involved in this case the reason the Deputy Prime Minister has been involved in this case and the reason other lesser Ministers have not been involved in this case is that there is cross-ministerial involvement in it. For the Minister now to say that he is not going to answer that question because he does not deal with individual cases flies directly in the face of the advice the Prime Minister has given this House. 
Hon MARK BURTON 
: The Prime Minister’s advice was clear—that there was multiple ministerial responsibility: the Attorney-General for the appointment of the Parole Board the Minister of Justice—myself—for the policy of the Parole Board and the Minister of Corrections for operations. The member’s supplementary question has moved on to an operational matter around a certain case. I am happy to complete my answer however and comment on the area of policy the member has raised—but not this specific case. 
Madam SPEAKER 
: Would the Minister please complete the answer to the question. 
Hon MARK BURTON 
: The member’s reference to the Parole Act I believe is correct but I would add that the Government already has legislation with a select committee that further strengthens the provisions of the Parole Act—in particular ensuring that public safety will be the sole criterion for release on parole after a minimum of two-thirds of a sentence has been served. 
Ron Mark 
: Has the Minister read the guiding principles of the Parole Act of 2002 particularly section 7(1): “When making decisions about or in any way relating to the release of an offender the paramount consideration for the Board in every case is the safety of the community.”; if he has read that can he tell the House whether he believes that the Parole Board’s recent decision to put Mr John Clarke who is a recognised high-risk sex offender back on home detention despite the fact that the last time he was on home detention he breached all its terms and conditions was a sensible decision? 
Hon MARK BURTON 
: My recollection is that the member’s quotation is correct. As I said to the previous questioner I cannot comment on individual cases but I say that one of the driving purposes of the legislation the Government already has before Parliament is to ensure that the safety of the community not only is paramount but becomes the sole criterion to ensure that community safety is properly protected. 
Gerry Brownlee 
: Is the Minister at all concerned by the way in which the Parole Board had already come to a pro forma decision or view that Graeme Burton should be released subject to an updated psychological assessment when it was that assessment that outlined the allegations that Burton had beaten at least three prisoners had been segregated for hits on guards and had continued to rate as “high” for high risk of reoffending consistent with the five prior psychological assessments? 
Hon MARK BURTON 
: The member knows that I cannot comment on individual cases but as I have already pointed out to him the Government is moving to further strengthen legislation already before this Parliament to ensure that for the Parole Board in future there will be no doubt about the full range of information it can and will have available to it and will take into full consideration. 
Ron Mark 
: Does the Minister not recall in this House in 2005 the concerns expressed by New Zealand First to the then Minister of Corrections Paul Swain about Mr Clarke who was a man convicted of kidnapping raping beating and leaving for dead a 15-year-old child—a man who was released on home detention into a social services centre where he made victims out of a staff member and a client—and our concerns that he should be recalled to prison and does he not recall that Mr Clarke was subsequently recalled to prison from home detention; so what has the Minister now to say to the Parole Board that has put Mr Clarke back on home detention from which he has again absconded resulting in a manhunt to recapture and re-imprison him? 
Hon MARK BURTON 
: Yes I do recall that; and no I do not have ministerial ability to comment on that individual case. It is not appropriate for me to do so. 
Gerry Brownlee 
: If the Parole Board came to a pro forma view about a prisoner suggesting that prisoners should be released subject to an updated psychological assessment when that assessment stated the prisoner had beaten at least three prisoners had been segregated for soliciting hits on guards and continued to rate as “high reoffending probability” and had done so in five previous psychological reports would the Parole Board be operating inside his policy by releasing such a prisoner? 
Hon MARK BURTON 
: I have made clear to the member that whilst I am not commenting on individual cases this Government has already moved to toughen and strengthen the parole legislation. It will introduce a further Supplementary Order Paper which I look forward to the member supporting to ensure that all information is available to the Parole Board and will be taken into consideration. 
Gerry Brownlee 
: I raise a point of order Madam Speaker. I asked about a situation that could exist. If the Minister does not want to answer a question on the basis that it is hypothetical then I guess that is a way out but some of us would like to know how policy does actually operate inside his department in this particular responsibility. 
Madam SPEAKER 
: The Minister addressed the question. He does not have to respond to hypothetical ones. 
Gerry Brownlee 
: Can the Minister confirm that in addition to ignoring the psychological reports indicating that Burton was at high risk of reoffending the Parole Board released him in spite of the submission from his victim’s sister who was also concerned about his lack of remorse and his risk of reoffending; and does not this make a sick joke of victims’ rights provisions in the Parole Act when there is no direction to take their views into account? 
Hon MARK BURTON 
: Without repeating the obvious from my earlier answers I point out that the Government is already moving to put in front of this House a further Supplementary Order Paper in addition to the legislation— 
Hon Dr Nick Smith 
: That’s what they said after Bell. 
Hon MARK BURTON 
: The legislation is in front of the select committee. If the member opposite who chips and chips wants to support it he should do so. I look forward to that member and his party providing the support for this legislation to ensure that victims of crime are indeed well protected because that is precisely what this Government’s legislation will deliver. 
Gerry Brownlee 
: Is it the case that against all the best advice the Parole Board decided to release Graeme Burton knowing that he was at high risk of reoffending why are those same people still sitting in a position that sees them releasing the likes of Graeme Burton Kevin Neil Paul and John Clarke to wreak havoc and tragedy on the communities throughout New Zealand and why has not the Minister sacked them? 
Hon MARK BURTON 
: Had the member paid attention earlier in the afternoon to what the Prime Minister actually said he would know that I am not the Minister who appoints the Parole Board and therefore I simply do not have the ministerial responsibility for the issue he raises. The member really should ask the questions of the appropriate person.