Fast-tracking an erroneous Bill is beyond reason
Auckland, April 11, 2020
It has been in the news that the government is considering to fast track the Electoral (Registration of Sentenced Prisoners) Amendment Bill in the coming weeks.
This move is an incomprehensible move during a global health crisis of unprecedented dimensions.
It is a move that stems from dubious intentions of giving rights to people who have violated laws, while denying the nation a reasonable opportunity to scrutinise the Bill in the public forum.
Timing of the Bill
Covid-19 is a crisis that has dwarfed all the global issues for the last few months.
At the moment, the only problem that is concerning humanity is how to combat this pandemic.
Many countries, including New Zealand, are in lockdown.
At a time when all non-essential travel is banned, public gatherings are restricted, most avenues for a healthy exchange of opinions in groups are severely limited, an attempt to fast track a Bill is being made, which has no urgency whatsoever.
Even after the Alert Level-4 lockdown is over, there is a real chance of an economic recession.
The current restrictions will leave many Kiwis without a livelihood, and they will be focusing on real issues like food for their whanau, job security, paying rent and supporting their community.
The only reason that any government would even think of bringing in such legislation at this time, would be that their priorities are totally mixed up.
At a time when it is feared that more than 100,000 law-abiding, tax-paying, New Zealanders will need additional government support, there is no reason to bring this Bill, which will affect less than 11,000 convicts serving time in correctional facilities.
Background to the Bill
In 1993, the New Zealand Parliament unanimously voted to ban voting for convicts serving sentences of three years or longer. In 2010, the scope was increased to all convicts.
I understand that the High Court and Supreme Court have subsequently ruled that the required majority to make such a change was not met, and hence the law was violating the Bill of Rights.
This Government had more than fourteen months to rectify the error by presenting the same Bill of 2010 and get it passed through the Parliament.
Instead, the Government has chosen to pass a Bill allowing prisoners to vote.
I have genuine concerns about the intent of the proposed law change.
Crime and Punishment
In our country, a person is sent to the correctional facilities only for serious offending as most convictions result in fines and/or community service.
I quote from a Ministry of Justice: “Adults convicted in 2017 were most likely to receive a monetary sentence (33%; 21,190 adults) or a community work sentence (22%; 14,171 adults) as their most serious sentence. 13% of convicted adults received an imprisonment sentence, 19% other types of community sentences, 6% ‘other’ types of sentences, and 5% had no sentence recorded.”
This clearly shows that imprisonment is reserved for severe offences like assault, rape, murder and the like. These convicts have violated the civil rights of their victims and traumatised their families, in some cases even snatching their loved ones forever.
Detestable provisions
Morally and logically, the provisions of this Bill are detestable as it gives those who have violated human rights, broken the constitutional provisions, and have scant respect for humanity an equal footing as the law-abiding majority.
Logically, there could be a time when convicts could influence the legislation in Parliament, as those who have completed their sentence do not necessarily become law-abiding citizens, given the high rate of re-offending prevalent in our country.
This Bill should be opposed at all levels and a ground swell should force the government to pass the 2010 amendment appropriately so that the voice of reason doesn’t get drowned in the over-enthusiastic din of liberal and pseudo-inclusive rhetoric that dominates the narrative in media and public life in present age.
Manish Tanna is Deputy Chair of the National Party’s Manukau East Electorate
Editor’s Note: From Parliament website: This Bill amends the Electoral Act 1993 to enfranchise people who are serving a sentence of imprisonment for a term of less than three years and better facilitate participation in the electoral system of prisoners who are to be released from prison following a sentence of imprisonment for a term of three years or more.
Editor’s Note: Justice Minister Andrew Little introduced the Bill to Parliament on February 25, 2020. It passed the first reading on March 18, 2020 and Parliament referred the Bill to the Justice Select Committee with its report due on June 24, 2020. This Select Committee comprises eight Members of Parliament, four each from the Labour Party and National Party. Public submissions are now open- until April 24, 2020. You can make your submission following this link.
https://www.parliament.nz/en/ECommitteeSubmission/52SCJU_SCF_BILL_94947/CreateSubmission
