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Scoop Mr Speaker, the Maori Party
commends the Minister on having the courage to identify the error of
law-making; and the commitment demonstrated in following through to address
that error. It is an act of courage that we
hope all Members of the Government will learn from; and we look forward to
supporting them in addressing other errors of law-making that have appeared
in this Parliament. In fact, Mr Speaker we have a
suggestion for their first priority. The Foreshore and Seabed Bill is another
example of a legal catastrophe that immediately comes to mind, and this Bill
provides a fantastic precedent. Like the other errors of
law-making passed in this Parliament, we know the huge impact that faulty
legislation has had on human lives throughout Aotearoa. In the case of the
Land Transport Amendment Act, the evidence is undeniable that whanau have
suffered through the removal of P endorsement from drivers of passenger
service vehicles. Over the last two months we have
heard some very sad stories about the traumatic impact families have
experienced in light of the retrospective provisions of the Land Transport
Act. Like others have expressed today,
we have heard of families being devastated by the impact of their father's
adolescent sexual exploits, some 35 years earlier, limiting his ability to
put bread and butter on the table in 2006. We have heard of drivers being doubly
discriminated, having been convicted of carnal knowledge forty years ago, and
now paying the price, again, by the loss of livelihood. We heard of an owner/operator in
Christchurch - happily married for 31 years - who lost his licence for six
months back in 1973 after he and all the young boys he had been mixing with
were arrested on the charge of sexual assault; and now has been penalised
again, 33 years after the original charge. Mr Speaker, the Maori Party knows
too well the price of being the last cab on the rank. We know the impact for generations
to follow of being told to get to the back of the bus. To that end, we want action. We have taken up each and every
one of our constituent's concerns with the Minister for Transport Safety,
asking him to revisit the legislation in order to prevent any further
distress for workers and their families. Now although in my earlier remarks
I commended the Minister for bringing this case to the House, the tragedy is
that it has taken this Government so long to act. Yesterday the Member for Te Tai
Hauauru brought to the attention of this House the inefficiency of the Crown
Law Office, the repeated and unjustifiable delays that have characterized
their business. Later this afternoon, if I get a
chance, I will talk about the incompetency and reckless inaction of other
Crown agencies in relation to the business of Treaty of Waitangi settlements.
And now with this Bill we are
considering the inexcuseable delays that families have suffered from, in the
nature of the Government's response to the error of their law-making. When the Transport and Industrial
Relations Select Committee presented their report on 18 April 2005, there was
unanimous agreement from all members of the committee that further
consideration should be given to the matters in this Bill. Why did it take ten months to
listen and to act? What part of 'unanimous' has
created uncertainty? It reminds me of that old song,
'Cab driver, once more 'round the block; Never mind the tickin' of the clock'.
The tickin' of the clock, I am
sure has been on the minds of the children, dependants, and family members
who stand to lose from livelihoods being compromised. This is the key concern for the
Maori Party. Who will compensate those who have been affected through jobs
being lost, licences revoked? We support this legislation to
provide an opportunity for the people affected by this Bill to seek approval
for a P endorsement in the future, despite their conviction. We do so, in the interests of
families and whanau who have the most to lose. But in doing so, we strike a note
of caution. The Maori Party in supporting this
Bill, nevertheless retains our position that people convicted of specified
serious offences such as murder, sexual and violent offences, should be
prohibited from carrying passengers. We have a whakatauki which guides
us in matters such as this: 'e hara taku toa i te toa takitahi, engari he toa
takitini'. The strength of the collective is
the main concern, the best interests of the wider group must prevail. Any question about the previous
offending of an individual which threatens the well-being of a group, must
therefore be given careful consideration. We are also very conscious of the
silent voices over the course of the last two months - the victims of the
original crimes - whether it be ten, twenty or thirty years ago - they will
have a perspective which we think needs to be heard. Mr Speaker, there are complex
issues associated with this legislation which we hope will be raised during
the discussions in the select committee process. What is the nature of compensation
that can be given to families who have been compromised by the effects of the
provisions of the Land Transport Amendment Act? Will the individuals who have been
affected by this unjust law be entitled to a formal apology? How will victims of the so-called
'lower level sexual offences' which feature at the core of this new Bill,
have an input into the discussion around measuring the scale of the offence? This Bill is all about responding
to the consequences of earlier actions, and the resulting effect it may have
on whanau. Finally, we think of the
philosophy behind the korero 'He moana ke ta matawhanui, he moana ke ta
matawhaiti'. We must always think of the big
picture. One accepts that some might say that these crimes were committed way
back and we should move on, but don't forget that the crime was committed. The over-riding factor influencing
the Maori Party in supporting this Bill, is that public safety and security
must not be compromised, whilst at the same time protecting the life-chances
of those family members that were placed at risk. Kia ora tatou
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