A tense and intriguing political chess game is being played out in Parliament's Privileges Committee at present. It is a game none of those involved can afford to lose, yet inevitably someone will.
On
the face of it, the issue at hand is whether the spontaneous haka performed by three
Te Pati Māori MPs during the vote on the First Reading of the Treaty Principles
Bill last year was a breach of what is quaintly referred to as Parliamentary Privilege.
The
concept of Parliamentary Privilege dates back hundreds of years and devolves
from the procedures of Britain’s House of Commons devised to enable Members to
speak freely in Parliament without fear of legal consequences or loss of
freedoms (or their heads at that time). Anyone who inhibits in any way Members
of Parliament from freely expressing their opinions in Parliament or going
about their normal Parliamentary business is in breach of Parliamentary Privilege
and is therefore subject to the judgement of the Privileges Committee –
effectively Parliament’s court – for their actions.
In
this instance, the allegation before the Committee is that by performing a haka
while the vote was being taken on the Treaty Principles Bill, the Te Pati Māori
MPs were disrupting the free expression of Parliament’s views on the Bill at
that time and were therefore breaching Privilege.
However,
the issue now runs more deeply than that. Te Pati Māori’s ill-informed dismissal
of what it calls Parliament’s “silly little rules” about Privilege, potentially
poses an even greater challenge to the system. They say their actions highlight
Parliament’s lack of recognition of tikanga, and that simply must change.
On
the other hand, Parliament’s Speaker Gerry Brownlee in a somewhat rare and
unusual intervention on a matter still under consideration by the Privileges
Committee has described Te Pati Māori’s position as “complete nonsense.” He
says a distinction must be drawn between Parliament’s rules and procedures and
upholding tikanga.
Brownlee
says separate work is already underway through the cross-party Standing Orders
Committee to see how tikanga can be more fully integrated into Parliament’s
rules, with a report due before the end of this term of Parliament. For that
reason, he dismisses Te Pati Māori’s haka actions as “grandstanding”.
But
Te Pati Māori rejects the notion that the broader work around tikanga should be
treated separately from the haka protest. According to co-leader Debbie
Ngarewa-Packer the question of tikanga was central to the three MPs’ decision
to perform the haka. Therefore, she argues, they must stand up to the
Privileges Committee, which she fears wants to “criminalise the haka and
criminalise our tikanga” by finding against them.
For
its part, the Privileges Committee will want to steer a careful course. The
Committee is made up of senior MPs from all parties and is chaired by the
Attorney-General Judith Collins who is also a KC. Its focus will be on whether
the three MPs’ actions breached Parliamentary Privilege, and if it finds so,
what sanctions should be imposed on them. The committee is unlikely to delve
too deeply into the wider question of tikanga, leaving that to the Standing
Orders committee work already underway.
Should
the committee conclude the three MPs have breached Privilege, the delicate
issue will be what sanction it recommends Parliament should impose. For the
sake of Parliament’s integrity and credibility any penalty should be
significant – it cannot look like a slap with a wet bus ticket. However, at the
same time, it cannot be unreasonable, which would simply inflame the current
situation further and embolden Te Pati Māori’s line that it is the victim of a
repressive, racist system. In short, Collins and her committee are going to
have to apply a judgment of Solomon.
What
is at stake here is the credibility of the body of Parliamentary practice and
the protections of Privilege built up over hundreds of years. Therefore, the
Privileges Committee cannot act in a way that could be interpreted as
arbitrarily weakening that long-standing strong tradition for contemporary
political convenience. Should it do so, the institution of Parliament will be
the loser.
Ironically,
the situation is a little easier for Te Pati Māori. An adverse finding from the
Privileges Committee would certainly be a blow to the Party’s credibility to
work within the system (in the same way as is its ongoing failure to provide
proper accounts to the Electoral Commission in breach of the law). At the same
time, however, it would confirm Te Pati Māori’s narrative that the whole system
is geared against them, and that in Ngarewa-Packer’s words “This is the cost of
standing up. We’ve had this before, and, you know, we just have to pay it
again.”
In
the end, the issue is less about the Treaty Principles Bill haka, which is
sideshow puffery, than it is about achieving a reasonable balance between
Parliament’s historical traditions and contemporary tikanga. That will only be
achieved through constructive engagement by all sides, not more of the
game-playing seen so far.