Taranaki Daily News

‘Dangerous’ Three Waters clause for further talks

- Thomas Manch thomas.manch@stuff.co.nz

Prime Minister Jacinda Ardern says the Government will go to Parliament’s business committee to discuss its controvers­ial clause in a Three Waters bill, deemed ‘‘dangerous’’ by constituti­onal law experts.

Labour and Green MPS voted through a new clause into the Water Services Entities bill in a late-stage of its progress through the House, aimed at guaranteei­ng public ownership of water infrastruc­ture.

But the tweak to the prospectiv­e law caused outcry as it sought to ‘‘entrench’’ public ownership by mandating any future law change to require a 60% majority in Parliament, or a public referendum. Such a super majority requiremen­t has traditiona­lly been reserved for constituti­onal matters in the Electoral Act.

‘‘We agree we do need to be cautious about the principle of entrenchme­nt. Our plan is to go back to the business committee, discuss where entrenchme­nt is used more broadly, and look to resolve the issue,’’ Ardern said yesterday.

Parliament’s business committee is a group of MPS from each political party, headed by Speaker Adrian Rurawhe, which determines how Parliament and its processes are run.

‘‘Understand­ably there have been those with a constituti­onal law background who have raised principle concerns around where entrenchme­nt is used,’’ Ardern said.

‘‘We still stand firm against the privatisat­ion of water assets, and I’d ask the other political parties be clear on their view on that issue.’’

The Government had asked National to support entrenchme­nt of public ownership by way of a 75% majority threshold months ago, but while National said it had no plans to sell off water assets it declined the offer.

The 60% threshold was put forward by the Green Party as a supplement­ary order paper on Wednesday and, with the support of Local Government Minister Nanaia Mahuta, was voted for by Labour.

Without the support of other parties a 75% threshold could not

be set, as Parliament’s rules only allow majority requiremen­ts to be set at the same level of support for them in Parliament.

Ardern said there was ‘‘nothing procedural­ly different’’ about how the order paper was put forward, and the ‘‘novel’’ threshold was ‘‘not something I would necessaril­y be aware of’’.

‘‘To be fair, the principle of entrenchme­nt has generally attracted a 75% threshold. Everyone in Labour was very aware of that. What would have been happening in real time as you had both an entrenchme­nt position but a different threshold.’’

A group of eight constituti­onal legal experts had, at the weekend, written an open letter urging the Government to reconsider the ‘‘dangerous precedent’’ the entrenchme­nt may create.

Dr Dean Knight, a leading constituti­onal law expert at Victoria University who signed the letter, said the entrenchme­nt posed a ‘‘real danger’’ of compromisi­ng existing entrenchme­nts for constituti­onal matters, and allowing more laws to be similarly entrenched in the future, without the support of all of Parliament.

‘‘The real danger is it opens up possibilit­ies of entrenchme­nt on other matters. It’s not beyond imaginatio­n that a National-act Government may in the future decide to entrench a three strikes law on the basis that being safe is important policy.

‘‘We start this set of shenanigan­s about using it for those types of policy matters that don’t have that widespread support. We get the sort of game playing which is unlikely to end well.’’

‘‘We agree we do need to be cautious about the principle of entrenchme­nt.’’ Jacinda Ardern

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Jacinda Ardern

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