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Politicians get it wrong at a cost Sometimes Parliament simply gets it
wrong. It debates a bill, passes it into law and if no one's spotted the fish
hooks, or if MPs have chosen to ignore them, people's livelihoods can be
placed at risk. That is exactly what has happened
with changes to the Land Transport Amendment Act that came into force
yesterday. New provisions mean bus and taxi drivers who have been convicted
of murder or sex offences that attract a jail term of seven years or more are
banned from carrying passengers. It is not so much the amendment that is of
concern but the fact it is being applied retrospectively. The change affects
about 280 people who, until now, had presumably been doing their jobs without
problem. Now they find themselves at odds with a law that seeks to punish
them a second time -- in many cases years after the original offence. It is an embarrassing and
potentially financially punitive situation for someone to find themselves in.
If a person has been convicted of a crime they have paid the penalty. If that
information resurfaces a decade or two -- in the case of one Hamilton driver
40 years -- later and forces someone to give up their job, it contravenes a
time-honoured tradition in this country of giving someone a second chance and
makes a mockery of rehabilitative processes. There will be those who believe
having committed murder or sex offences revokes the right of people to live
normal lives. We disagree. In any case, some of the sex offences that now
prevent bus and taxi drivers from holding a licence relate to underage sex
when both parties were under 16. While it is true a bus or taxi driver is in
a position of trust and scrupulous work practices must be upheld, employers
should also be allowed some discretion -- particularly to offences at the
lower end of the scale that were committed some time ago. After all, their
reputation and that of their business is at stake and if they believe their
employee poses no risk to clients they should not be hamstrung by such a
rigid requirement. It is unfortunate that the law
cannot be swiftly undone now the Government has recognised the problem.
Transport Minister Harry Duynhoven is hopeful a solution can be found that
will enable appeals to be heard and has sought a legal opinion on the matter.
If that level of discretion is not permitted, another amendment will have to
go through the normal political channels to correct the situation. It appears that companies,
including one in the Waikato, are taking a sympathetic approach by keeping
affected employees on the payroll while the problem is sorted out. They are
to be commended for setting such a compassionate example. There is no doubt it will be a
costly exercise to correct this mistake. It is a pity the politicians failed
to properly think through the consequences -- and the effect on those
concerned -- before it became law.
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