‘Gagging’ clause criticised

CLAIMANT support group Acclaim Otago, which recently ended its longrunning membership of ACC liaison groups, is unhappy about a ‘‘gagging clause’’ that it says has limited its ability to speak out.

Acclaim spokeswoman Dr Denise Powell said she had represented Acclaim for 13 years on ACC community liaison groups and had always complied with ‘‘in committee’’ and other specific confidentiality restrictions within the groups.

ACC recently restructured its liaison groups and the new restrictions on public comment went well beyond the previous requirements, she said.

Draft terms of reference for a recently established ‘‘scheme advisory panel’’ said members ‘‘may comment publicly’’ on the panel’s work ‘‘with the prior approval of ACC and MBIE’’.

She had approached ACC officials in a bid to clarify the new restriction, which also applied to a renamed ‘‘legal representatives group’’ but not to three other new groups.

‘‘There should be somewhere to speak publicly about issues that we’re concerned about.’’

Acclaim felt the restrictions were not democratic and could prevent ACC lobby groups from speaking out on issues simply because they were also being discussed in a liaison group.

‘‘It could have had a chilling effect on debate,’’, she said.

Dr Powell said Acclaim had long provided information and feedback, initially to the Consumer Outlook Group (COG) and then to the Advocates and Representatives Group (ARG).

ACC said ARG was being replaced by the scheme advisory panel, coowned by MBIE, and by a legal representatives panel.

Dr Powell said Acclaim had decided not to apply for membership of the new advisory panel because of the ‘‘gagging clause’’ and its view it could achieve more by other activities.

ACC spokesman James Funnell said ACC rejected ‘‘suggestions that the clause gags members’’.

‘‘It is not unusual for such clauses to be included in terms of reference for groups closely involved with government policy development,’’ he said.

‘‘The clause enables us to share or test ideas that may be sensitive, and may or may not progress further . . . The clause does not limit the ability of group members to speak publicly on other ACC issues.’’

ACC was pleased that, overall, the new liaison groups had been ‘‘received positively by stakeholders’’, he said.