Prime Minister Christopher Luxon. Photo: RNZ / Samuel Rillstone
Prime Minister Christopher Luxon won't say whether the suspension of Te Pāti Māori's co-leaders for three weeks is an appropriate punishment.
Parliamentary debate of unprecedented suspensions handed down to three Te Pāti Māori MPs has the potential to bring the House to a grinding halt ahead of Thursday's Budget.
The committee handed down 21-day suspensions for Te Pāti Māori co-leaders Rawiri Waititi and Debbie Ngarewa-Packer and a seven-day suspension for MP Hana-Rawhiti Maipi-Clarke.
The committee said the MPs were "acting in a manner that could have the effect of intimidating a member of the House" after performing a haka during the first reading of the Treaty Principles Bill.
Te Pāti Māori MP Hana-Rawhiti Maipa-Clarke was among those to perform a haka, at Parliament, after the first reading of the Treaty Principles Bill, on 14 November, 2024. Photo: RNZ/ Samuel Rillstone
The proposed suspensions will be debated in Parliament on Tuesday, which could take a few days.
If the debate is still running come 10pm Wednesday, it would be picked up on the next post-Budget sitting day, which would be 3 June. The three Te Pāti Māori MPs remain full MPs until a decision is made, which means, if debate is drawn out, they would still be able to participate in Budget day.
Parliament's Speaker Gerry Brownlee, who is also a National MP, said a proper opportunity for debate on the committee's recommendations must be provided.
"In my view, the severe recommended penalties placed before the House for consideration mean it would be unreasonable to accept a closure motion until all perspectives and views have been very fully expressed," Brownlee said.
Te Pāti Māori co-leaders Rawiri Waititi, Debbie Ngarewa-Packer hold a press conference after refusing to attend a Privileges Committee hearing. Photo: RNZ / REECE BAKER
Otago University Law Professor Andrew Geddis said as the Privileges Committee report is contentious in terms of what it is recommending and was agreed to by a bare majority, the Speaker has allowed debate to carry on for as long as it needs to.
"We haven't seen anything like this before but then again, we haven't seen a Privileges Committee report like this before," Geddis said.
Speaking to Morning Report on Monday, Prime Minister Christopher Luxon wouldn't say whether the suspension of Te Pāti Māori MPs was an appropriate punishment.
However, he said breaking Parliament's rules was a big deal and "we have to have rules".
"I've seen it reported in media that it's [the issue] is about haka and waiata in the Parliament, well that actually happens often. It's actually about not following the rules of Parliament - disrupting the vote, leaving you're seat... not engaging with the Privileges Committee," Luxon said.
"I think it's really important that the rules are upheld because we've got to be able to discuss difficult and emotional subjects in Parliament and debate them. But we've also need to make sure it doesn't degenerate into absolute chaos in the Parliament."
The government still holds a majority so when Parliament votes next week the coalition parties are likely to confirm the committee's recommendation, but Brownlee's move gives an opportunity for all parties to have their say on the matter and change the punishment if there's a change of heart.
Labour's Kieran McAnulty asked if Brownlee would consider allowing the final vote on the report and the punishment - which could be amended - to be a personal vote rather than on party lines, but Brownlee said no.
Risk of opening future floodgates - law expert
Geddis said there was concern about the precedent the punishment could set.
"There's a risk that if this gets adopted, it kind of opens the flood gates in the future for governing majorities... to use their power in the Privileges Committee and the House after to get rid of Opposition MPs who they think are misbehaving, or they don't like," he said.
"I think the Speaker is worried that that precedent, irrespective of how justified it is in this case, could open flood gates in the future."
He said in Fiji, government MPs have routinely suspended Opposition MPs for the entire length of Parliament.
"We're not, obviously, going to jump straight to that, but that's the sort of concern I think he [Brownlee] will have in the back of his mind."
