Enhancing Identity Verification and Border Processes Legislation Bill- Third Reading – Video 2
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Enhancing Identity Verification and Border Processes Legislation Bill- Third Reading – Video 2


members the questioners that the motion be agreed to Andrew Thank You mr. Speaker I rise to continue Labor’s support for this bill the enhancing identity verification and broader process legislation bill and this its third reading and as the minister has just pointed out the origins of this bill relate to the events concerning Philip John Smith or Philip John Traynor depending on which identity he wanted to use and it was the latter identity that he used to abscond from custody of the Department of Corrections and take off and found himself and Chile Chile before he was eventually detained by the authorities there and returned to New Zealand but I have to say mr. speaker we have to be honest with ourselves and ask ourselves why is it that an event that happened nearly three years ago has had its ultimate conclusion in the house just today the third reading of this bill after events which upon review at that time led to a report that said there are gaps that need to be filled and here we are three years later now finally putting the finishing touches on filling those gaps and I think the government is open to criticism justifiably a tired old government that had this matter that was considerable that put victims at risk that was a case of clear gaps in the management of prisoners and in the management of our correction system and has taken me three years to fix it and it didn’t have to take that long that report on the review of the failures of the system the primary conclusion of which was somebody from the Department of Corrections needed to phone up the person sponsoring the guys weekend release and that would have you know brought the whole thing to an end there I mean he wouldn’t have been released anyway we had the review we had that glare and failure pointed out and then we had the other systemic failures that the reviewer recommended filled we had all that within weeks of these events and it’s taken nearly three years to get them filled so you know good that it’s being done good at the time of this house has been used eventually to remedy this problem but actually a government that had a sense of urgency and priority about the threat to victims of crime would have acted on this pretty much straight away we should have passed this bill down it’s feared reading a good two years ago could have done it if we’d had ministers who were on the job but they were they dragged the chain because they weren’t interested they didn’t think they were under any pressure to do anything meaningful because you see mr. speaker as you will know from your background justice denied delayed is justice denied and in the time that it has taken us to review the events of Philip John Smith and do the review aim get this legislation up and get to the third reading there have been other crimes committed by people who have absconded and got through the very net that we are in the process of trying to close up so we had the case of Daniel tip CIM a UK citizen who was working here on a working holiday in Queenstown who ripped off his employer to the tune of $3,000 in 2016 sentenced in December last year 2016 and the very next day left the country because there was no border control advice there was no requirement as this legislation does or provides for customs and others to have information about those who own fines they have penalties outstanding and ought to be restrained from leaving the country and so because of the tardiness of this government the lackadaisical approach it has taken to this legislation more victims of crime have been created and they have not seen it’s done in the case of Daniel to come in 2016 is just the latest of those and you asked you ask Daniel chickens employer escape quest and Queenston how they feel well no they feel because a newspaper report made it pretty clear they are stunned and gutted that that criminal got away with what he did and because this house under this government’s stewardship has been too tidy and filling the gaps and remedying the problem mr. speaker and legislation of this nature which country cuts across inherent rights to privacy and human rights it is incumbent on this house to get the balance right between ensuring safety and protection of citizens and victims of crime and ensuring that the powers of the state are such that it can do its job properly of providing safety and security to the community without undue intrusion into innocent citizens lives and that was an issue that the New Zealand More society brought the attention of the Senate committee considering this legislation they were concerned about any erosion of privacy rights and the privacy principles and the legislation but nevertheless is this house ought to do it considered what the problem was that it was remedied and even though the legislation does entail erosions of those basic human rights it is possible to contemplate that if there are proper and effective safeguards in place and Mr Speaker the reason why the Labour Party will continue to support this bill and its third reading is because we believe that by and large it does get those checks and balances right one is that government agencies who will have the right to access information under this legislation will have to report on their annual reports the number of occasions of which they have done it and so that there is a level of transparency around they will also have to justify their actions in what would otherwise be a breach of privacy under the Privacy Act ensuring that the purpose for which they are seeking information or providing information is for the purposes set out in this particular legislation so those those checks and balances are right this legislation adds a power that doesn’t currently exist and that is the ability to collect biometric information from prisoners but also from mental health patients as well and that is about ensuring the safety and security of those patients and so that the authorities are able to track the movement of people as they go through with through borders or through other places where their identity is required and means the authorities can track people to make sure that safety and security of the public is maintained to the best extent possible Mr Speaker I would be remiss if I did not once again record the concern of the Labour Party in relation to the new six and 109f to the Privacy Act that has provided for in Clause 7 of this bill because that allows a chador to the legislation to be amended or altered and even to be completely replaced and that is a very very large power to have in the hands of the executive without having to come back to this house because of the principle that what this house does this house must be in a position to undo giving the executive the power to make those changes to a schedule to the legislation through an order and Council by the executive is a big step to take and and I just record mr. speaker once again Labour’s ongoing anxiety about that particular provision we will have to monitor that very carefully because it is not right the legislation passed by this house ought to be altered informed through processes that sit outside this house and and we have to be alert to that or the erosion of that constitutional principle mr. speaker is I see at the beginning the Labour Party continues to support will support disability and its third reading I do note also one of the other changes that it makes is in relation to victims rights and to victims of crime have notified the authorities that they have a representative who can be and ought to be the first recipient of information about the perpetrator of the crime against that victim that the authorities are justified and communicating directly to the victim in the case for example of an absconded prisoner where there was a real risk to the safety and security of that victim the authorities can go directly to the victim as opposed to the representative if they think that it is justified in doing so it is probably a sensible provision to have without causing any concern to to the victim in the end it is about doing the utmost to ensure the safety and security of citizens mr. speaker labor will support this bill in its third reading and we will monitor it very carefully about how the new provisions operate and to make sure their innocent citizens are not victimized by it mr. speaker how was it sing Bucky Thank You mr. speaker for opportunity

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