Brownlee Gerry: Questions for Oral Answer — Questions to Ministers 
Brownlee Gerry: Questions for Oral Answer — Questions to Ministers 
[Volume:634;Page:5713] 
8.  
GERRY BROWNLEE (Deputy Leader—National) 
 to the  
Prime Minister 
: Does she stand by her response to question for oral answer No. 1 on 11 October 2006 that it is not her position to “express judgment one way or another” when asked whether she had confidence in the Controller and Auditor-General? 
Hon Dr MICHAEL CULLEN (Deputy Prime Minister) 
 on behalf of the 
 Prime Minister 
: Yes. 
Gerry Brownlee 
: Has she reconsidered in the light of today’s report her position—like her colleague Peter Dunne has done—and why will she not now apologise for her earlier intemperate and misguided comments regarding the Auditor-General? Why is she digging in and saying she does not have confidence in him? 
Hon Dr MICHAEL CULLEN 
: She is not saying whether she has confidence in him because it is a matter for Parliament. The Controller and Auditor-General is not an appointment of the Government. 
Gerry Brownlee 
: Does the Prime Minister recall seeing on page 30 of the drafts provided to her earlier that the Auditor-General makes it clear that by publishing his report in 2005 and warning parties to stay inside the rules in election year he expected MPs and parliamentary parties to be especially careful in that area; and does she now regret her decision not to meet with the Auditor-General to discuss her spending proposals for the 2005 election? 
Hon Dr MICHAEL CULLEN 
: On the latter part of the question I have no advice. I myself believe that the Controller and Auditor-General’s interpretation of his own report is open to question. I do not think it is as clear as he now in his 2006 report makes out it is. 
Gerry Brownlee 
: Can we assume from the answer the Prime Minister gave earlier to Dr Brash that it is the intention of the Labour Party to advance validating legislation to make legal the election overspend and the spending of Parliamentary Service funds on electioneering and does that mean that the Labour Party has no intention of paying the money back? 
Hon Dr MICHAEL CULLEN 
: I am now able to tell the member that the Labour Party will be paying the money back. I have been waiting for the Prime Minister to read the report and issue a response which she has now done. 
Hon Bill English 
: She’s not the Labour Party. 
Hon Dr MICHAEL CULLEN 
: Oh you have finally woken up to that! However validating legislation is still required. If the member cares to read the Speaker’s report—and I have received very similar advice from both Treasury and Crown Law—he will find that validation is required even if all the money is repaid by every party in the House. That is the only way of rendering the appropriation lawful—and that covers the spending by Katherine Rich and others. 
Gerry Brownlee 
: Will the Prime Minister concede that that answer is only technically correct because of course the expenditure has already been incurred and that there is an obligation on the Labour Party to pay the money back? 
Hon Dr MICHAEL CULLEN 
: It is clear that the member was so stunned by the answer that he did not hear it. I will say this very slowly for Mr Brownlee: the Labour Party—or perhaps the “Lay-ba Par-tee” to use the National Party form—should and will be paying the money back. This does not affect the need for validating legislation—it remains unlawful. 
Gerry Brownlee 
: I raise a point of order Madam Speaker. I do apologise for asking the same question twice. I was just shocked by the first answer but on behalf of the taxpayer also delighted. 
Madam SPEAKER 
: That is not a point of order. Is there another supplementary question? 
Gerry Brownlee 
: Will the Prime Minister accept the criticism— 
Hon Trevor Mallard 
: He’s one of their brighter ones! 
Gerry Brownlee 
: Sorry? 
Madam SPEAKER 
: Interjections are permitted. It was not an unparliamentary remark—unless the member objects in which case I will ask the member to withdraw and apologise. 
Gerry Brownlee 
: Does the Prime Minister accept the criticism of the Auditor-General when he says: “I find it hard to accept that despite my 2005 Report and the message to be careful about advertising expenditure in the pre-election period behaviour did not change.”; if she does not accept that why not? 
Hon Dr MICHAEL CULLEN 
: No the Labour Party and the Prime Minister do not accept that. The Auditor-General might have thought he was being clear; if he meant to be clear he should have been clear. 
Gerry Brownlee 
: When will the Labour Party pay the money back? 
Madam SPEAKER 
: That question is not within the Minister’s responsibility. 
Gerry Brownlee 
: I raise a point of order Madam Speaker. The two occasions today that Dr Cullen said the Labour Party would pay the money back were on the floor of this House. It is not an unreasonable— 
Madam SPEAKER 
: I agree with the member that the remarks were made on the floor of the House. But the Minister has no ministerial responsibility for the Labour Party. 
Gerry Brownlee 
: Has the Prime Minister been told by the leader of the Labour Party when the Labour Party intends to pay the money back and will she pass that message on to the House? 
Hon Dr MICHAEL CULLEN 
: I have no advice on that but I am sure it will be very soon.