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Why We Are Here The Purpose and Scope of this Seminar

Why We Are Here The Purpose and Scope of this Seminar. Today’s Speakers: Presentation 2. David McGee QC Clerk of the House The Legislative Process in Parliament – An Overview. Today’s Speakers: Presentation 3. Catherine Parkin Senior Parliamentary Officer

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Why We Are Here The Purpose and Scope of this Seminar

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  1. Why We Are HereThe Purpose and Scope of this Seminar

  2. Today’s Speakers: Presentation 2 David McGee QC Clerk of the House The Legislative Process in Parliament – An Overview

  3. Today’s Speakers: Presentation 3 Catherine Parkin Senior Parliamentary Officer The Role of Select Committees in Legislation

  4. Today’s Speakers: Presentation 4 Graeme Buchanan Deputy Secretary, Legal, Department of Labour How Public Servants should deal with Legislation in Parliament

  5. Today’s Speakers: Presentation 5 George Tanner QC Chief Parliamentary Counsel The Role of the Parliamentary Counsel in relation to Bills in front of Parliament

  6. Presentation 5 Continued Professor John Burrows QC University of Canterbury Comments

  7. Today’s Speakers: Presentation 6 Donna Tunnicliffe Second Clerk-Assistant and Reader Ivan Kwok Treasury and LAC member

  8. Presentation 6 Continued What Happens at Committee of the Whole House Stage and Afterwards

  9. Panel Discussion David McGee QC George Tanner QC Sir Geoffrey Palmer Graeme Buchanan Ivan Kwok Professor John Burrows

  10. Why We Are Here Constitution Act 1986, s 15: Parliament has “full power to make laws”.

  11. Why We Are Here Legislation is important: Foundation of most of our law and principal source of new law

  12. Importance of Legislation Must get legislation right Hard to get it right

  13. Today’s seminar: Legislation in Parliament Not looking at the Executive Branch

  14. Today’s Focus: The Legislative Process in Parliament

  15. BILL INTRODUCED - 1 copy available 1st Reading Initial debate Sent to Select Committee for study and public submission Report on the Bill presented to Clerk of the House - 2 copy available 2nd Reading Main debate Committee of the Whole House Clause by clause consideration - 3 copy available 3rd Reading Concluding debate Statute copy available within 10 to 12 days Assent given Bill becomes an Act

  16. The Legislative Process “Bills are made to pass as razors are made to sell”. Lord Thring, 1869

  17. The Legislative Process “Once begin the dance of legislation, and you must struggle through its mazes as best you can to its breathless end – if any end there be”. Woodrow Wilson, 1885

  18. MMP and the Legislative Process How the dance has changed

  19. MMP and the Legislative Process Process more complex since MMP

  20. MMP and the Legislative Process Reduced Executive control of legislation

  21. MMP and Government Bills Profound effects for Government bills – decline in number passed

  22. Controversial legislation harder to pass – needs cross-party support

  23. MMP and Select Committees Select committees increasingly important: Government no longer controls select committees – no majority

  24. MMP and Quality of Legislation:Improvements Slowed down law-making process – fewer bills passed

  25. MMP and Quality of Legislation:Fresh Perils Accommodating a wide variety of political views within legislation

  26. MMP and Quality of Legislation:Fresh Perils Risks to coherence and clarity

  27. Too Much Law? Single-chambered Parliament

  28. Too Much Law? Nearly 1100 general acts in force in New Zealand

  29. Too Much Law? Misplaced belief that legislation cures all

  30. The Basic Question The basic question in respect of every proposed bill should be: Why is this law necessary?

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