Labour opts to keep waka jumping law

Labour will vote against a proposed repeal of the waka jumping law, killing off any chances of removing the controversial legislation.

The waka jumping, or ‘‘party hopping’’ law, allows parliamentary parties to remove their own MPs from Parliament in some circumstances, meaning leaders and caucuses have the power not just to expel MPs from their own party, but from Parliament itself.

The Electoral (Integrity) Amendment Act 2018 was passed with much controversy last term after NZ First won agreement for it in its coalition deal with Labour. The Green Party, which has long opposed such laws, swallowed the ‘‘dead rat’’ and voted for the bill – as the party believed it was bound to honour Labour’s obligation to NZ First.

Critics argue it stifles free speech, while proponents argue MPs should generally back the parties they were elected under, or the proportionality of Parliament is frustrated.

The Green Party’s disquiet with the law remained, and in the final months before last year’s election it backed a National Party members’ bill by Nick Smith which sought to repeal it.

At that point, National and the Greens had enough votes together to pass bills, so the bill passed its first reading. But at the election Labour won an outright majority, meaning no bill can pass if Labour votes against it.

Labour had voted against repeal at the first reading, but openly mulled a change in position following the election.

However, a report from the justice select committee which considered the bill makes clear that Labour’s opposition to repeal remains – with the Labourmajority committee voting to recommend the bill not be passed.

Labour MP and select committee chair Ginny Andersen said the committee heard no compelling new case to repeal the law.

At that select committee top legal and political academics submitted in favour of repeal, as did long-time Labour member John Anderson, who said it was an ‘‘affront to democracy.’’

National and ACT MPs wrote a scathing minority report saying the waka jumping law was ‘‘a stain on New Zealand’s proud democratic history’’.

They pointed out that ‘‘realignments’’ of parties was part of democracy and had led to the creation of many parties – including National, ACT, the Greens and the Ma¯ ori Party.