The only thing missing when Speaker Gerry Brownlee solemnly announced Darleen Tana’s political execution this week was the Black Cap Judges used to wear in the days of capital punishment when sentencing some hapless criminal to death.
While there will be little sympathy for Tana’s plight, because
of the way it was played out, and she herself seems relieved that after more
than seven months the saga is over, questions remain about whether the
Electoral Integrity Act is fit for purpose and desirable.
Whatever else she did, Tana did not vote against the Green
Party in Parliament, nor take positions contrary to the policies of the Green
Party. She was held to have breached proportionality because by leaving the
party she deprived it of one-fifteenth of its resources and allocated speaking
time in Parliament. Her actions had no effect on the stability of government,
nor did they reduce the number of votes available to the Opposition in the
House.
Tana was expelled because an internal argument with the Green
Party over her family’s business affairs led her to resign from the party.
This dispute led the Green Party to invoke the Electoral
Integrity Act’s provisions, despite its previous long-standing, principled
opposition to such legislation. When the crunch came, the party showed that
regaining access to the financial resources and speaking slots in the House it
lost through Tana’s departure was ultimately more important than the principles
it had paraded for so long.
Tana’s private affairs and how truthfully she may have
explained those to the Green Party certainly deserved investigation and raised
questions about her suitability as a Member of Parliament. But they were
matters for the Green Party to resolve directly with Tana, rather than rely on
a piece of dubious legislation.
It should never be forgotten that the Electoral Integrity Act
was utu legislation dreamed up by New Zealand First after the break-up of the
coalition with National in 1998, and the subsequent defection of many of its
MPs to the short-lived Mauri Pacific Party. New Zealand First has insisted on the
legislation being part of every coalition or government support arrangement it
has been part of since then. It has nothing to do with democratic or
Parliamentary principle, and everything to do with being a mechanism for
keeping potentially dissident members of the New Zealand First under control.
The Green Party, ACT and, in its day, UnitedFuture were right to oppose it as
anti-democratic and unnecessary.
The legislation is anti-democratic because it turns MPs into
mere ciphers, slaves to the dictates of their party, and unable to express
contrary opinions or views of their own, lest they be expelled from Parliament
for breaching proportionality. Until the politically awkward Tana situation
arose, the Green Party had been consistently the most strident opponent of the
legislation, arguing that the right to freedom of speech and opinion should
always be upheld for Members of Parliament. It is an unremovable stain on its
integrity that it should so readily abandon its principles the way it has done
in the Tana case.
From what we know now, the blunt truth is that the skeletons
rattling around in Tana’s cupboard meant she should never have been selected as
a candidate by the Green Party in the first place. Proper due diligence by the party
during its internal selection process should have identified the potential
risks Tana posed, long before she was selected. Proper scrutiny at that stage would
have identified the issues that were to sink her career and should have
prevented her selection in the first place. That they were not, is as much an
indictment on the way the Green Party went about things as it is on Tana.
The wider question this whole situation raises is the
appropriateness of the Green Party relying on legislation to resolve an
internal situation largely of its own making. Legislation should focus on broad
areas of policy or principle, and not be a device for helping political parties
to patch up their internal mistakes.
Tana is undoubtedly a major loser from these events. Her
Parliamentary career was abruptly ended before it really started, and her
reputation has been shattered. It will take a long period away from the public
eye for her to recover that. But she is not the only one – the Green Party is
also a big loser. Its actions have shown it to be just as craven and
opportunistic as it accuses its political opponents of being. They have
destroyed forever its unctuous, self-righteous claim to be the only party of
principle in Parliament.
The process has shaken the notion that Members of Parliament
are chosen by the people, not anonymous party delegates doing their
leadership’s bidding. It has left a tawdry shadow over Parliament, which the
sombre discomfort detectable in Brownlee’s announcement reflected. To recover the
mana it has lost, Parliament should now move to dump the repugnant and
draconian Electoral Integrity Act, as unceremoniously as Tana was.
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