Why We Are Here: The Purpose and Scope of this Seminar
Rt Hon Sir Geoffrey Palmer, Chair of the LAC
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The Legislative Process: A Seminar for Public Servants: 5 & 6 July 2006
Why We Are Here - The Purpose and Scope of this Seminar
Today’s Speakers: Presentation 2
David McGee QC
Clerk of the House
The Legislative Process in Parliament – An Overview
Today’s Speakers: Presentation 3
Catherine Parkin
Senior Parliamentary Officer
The Role of Select Committees in Legislation
Today’s Speakers: Presentation 4
Graeme Buchanan
Deputy Secretary, Legal, Department of Labour
How Public Servants should deal with Legislation in Parliament
Today’s Speakers: Presentation 5
George Tanner QC
Chief Parliamentary Counsel
The Role of the Parliamentary Counsel in relation to Bills in front of Parliament
Presentation 5 Continued
Professor John Burrows QC
University of Canterbury
Comments
Today’s Speakers: Presentation 6
Donna Tunnicliffe
Second Clerk-Assistant and Reader
Ivan Kwok
Treasury and LAC member
Presentation 6 Continued
What Happens at Committee of the Whole House Stage and Afterwards
Panel Discussion
David McGee QC
George Tanner QC
Sir Geoffrey Palmer
Graeme Buchanan
Ivan Kwok
Professor John Burrows
Why We Are Here
Constitution Act 1986, s 15:
Parliament has “full power to make laws”.
Why We Are Here
Legislation is important:
Foundation of most of our law and principal source of new law
Importance of Legislation
Must get legislation right
Hard to get it right
Today’s seminar:
Legislation in Parliament
Not looking at the Executive Branch
Today’s Focus:
The Legislative Process in Parliament
The Legislative Process
“Bills are made to pass as razors are made to sell”.
Lord Thring, 1869
The Legislative Process
“Once begin the dance of legislation, and you must struggle through its mazes as best you can to its breathless end – if any end there be”.
Woodrow Wilson, 1885
MMP and the Legislative Process
How the dance has changed
MMP and the Legislative Process
Process more complex since MMP
MMP and the Legislative Process
Reduced Executive control of legislation
MMP and Government Bills
Profound effects for Government bills – decline in number passed
Controversial legislation
harder to pass – needs cross-party support
MMP and Select Committees
Select committees increasingly important:
Government no longer controls select committees – no majority
MMP and Quality of Legislation:-Improvements
Slowed down law-making process – fewer bills passed
MMP and Quality of Legislation:-Fresh Perils
Accommodating a wide variety of political views within legislation
MMP and Quality of Legislation:-Fresh Perils
Risks to coherence and clarity
Too Much Law?
Single-chambered Parliament
Too Much Law?
Nearly 1100 general acts in force in New Zealand
Too Much Law?
Misplaced belief that legislation cures all
The Basic Question
The basic question in respect of every proposed bill should be: Why is this law necessary?