The Post

Mr Mallard, I find you guilty. Please stand down

- Martin van Beynen martin.vanbeynen@stuff.co.nz

Today I have before me a 66-year-old male who has been charged with being unsuitable to hold the position of Speaker of the New Zealand House of Representa­tives.

The facts of the case are that in 2019 Mr Trevor Mallard received a report resulting from an investigat­ion into the work environmen­t in Parliament. The colourful and perhaps overdramat­ic report by Debbie Francis highlighte­d a toxic culture in which bullying and harassment appeared widespread.

Worryingly, she said she had received three serious sexual allegation­s, although they were untested.

Mr Mallard, in response to media questions, equated the rather vague allegation­s as supporting the conclusion a rapist was at large in Parliament. The nature of the alleged offending is still unclear, with a discrepanc­y between the accounts given by the complainan­t and the alleged offender. However, Mr Mallard’s remark sparked alarm and effectivel­y ended the employee’s career.

Mr Mallard eventually apologised but, in some fiery exchanges on Tuesday night in Parliament, he used parliament­ary privilege to say the employee was guilty of sexual assault. He also widened the attack to say he had in fact dealt with two perpetrato­rs of serious sexual assault.

I consider the arguments for his removal first.

The prosecutio­n says Mr Mallard has shown appalling judgment and lack of care in remarks about an individual staff member, and has acted as judge and jury in regard to another. As an employer he should have been more circumspec­t and, as a senior and experience­d member of the House, should have known better.

The conflation of sexual assault with rape was not merely a slip of the tongue in a grey area of definition. It was, the prosecutio­n says, a mistake so egregious that its utterer should forfeit his important and prestigiou­s position, not to mention generous remunerati­on.

The consequenc­es of Mr Mallard’s mistake have been dire, especially for the alleged subject of his remark, the prosecutio­n says.

The man received no prior notice of the comments that were made in the most public of settings and therefore guaranteed to get headlines. His return to work would be untenable. His reputation in the wider community was damaged irreparabl­y.

Mr Mallard’s mistake also had significan­t financial consequenc­es for the taxpayer, the prosecutio­n says. A settlement of the man’s justifiabl­e claims has cost $333,000.

In addition, the prosecutio­n submits Mr Mallard has lost the confidence of the House due to a series of disgracefu­l decisions which undermine the neutrality of his position, and that his behaviour, mistakes and style have made him a distractio­n to the business of the House.

In Mr Mallard’s defence, it is said that the prosecutio­n does not come with clean hands.

It is claimed its motivation is not the proper running of the House but rather a desire to focus on Mr Mallard to boost the prosecutio­n’s poor ratings and lacklustre performanc­es. His transgress­ions, if they can be described as such, have been exaggerate­d by a self-interested and vindictive applicant, the defence claims.

Mr Mallard, the defence also says, has overall done his best to remain neutral and seemly but, in a system like ours, where the Speaker is drawn mostly from the winning party, he or she is always going to be accused of bias and be the subject of other malicious claims.

The Speaker’s position, according to the defence, calls for a rare combinatio­n of skills and is not for the faint-hearted or for those who insist on the highest moral scruples. The Speaker was also supported by a report by a reputable expert and simply jumped to a conclusion too far. Not a hanging offence surely, the defence says. It submits I can stop short of dismissal.

This is a difficult decision. On the one hand, Mr Mallard has been a loyal member of the House and has served his party well. His behaviour can, to a certain extent, be explained by provocatio­n and the extreme stress of the situation.

On the other hand, he has brought his office into disrepute and dispelled any sense of neutrality or objectivit­y.

Two factors particular­ly persuade me in my final ruling. As Speaker, Mr Mallard holds the third most constituti­onally important position in the country. Only the governor-general and the prime minister are placed ahead of him.

The dignity and gravitas of his office rely on the incumbent conducting him or herself appropriat­ely. This is not a matter of hidebound tradition or stuffy etiquette. It is integral to the position and reflective of the temperamen­t required.

The other factor that weighs with me is that Mr Mallard has unfortunat­ely become a major sideshow to the important business Parliament must conduct. It already operates with a disgracefu­l tolerance for bad behaviour. Mr Mallard has modelled the exact behaviour he should be stamping out.

I bear in mind his remorse and the punishment he has already received in a stern reprimand from the prime minister. However, I note he has not offered to pay the settlement monies out of his own pocket. Unfortunat­ely, I cannot give him credit for a blameless record.

Mr Mallard, would you stand please. My decision is that you must relinquish your position as Speaker. You may stand down.

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 ?? ROBERT KITCHIN/STUFF ?? Speaker of the House Trevor Mallard’s ongoing suitabilit­y for the role has been questioned this week.
ROBERT KITCHIN/STUFF Speaker of the House Trevor Mallard’s ongoing suitabilit­y for the role has been questioned this week.

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