Labour Party

First Reading: Policing Bill

19.02.2008

MARTIN GALLAGHER (Labour—Hamilton West) : As chair of the Law and Order Committee I say that we very much look forward to receiving the Policing Bill. I acknowledge the presence in the House tonight of the deputy chair of that committee, Ron Mark, and I know that he is literally just about rolling up his sleeves, getting ready to work on this very important bill. I acknowledge the previous speaker, Chester Borrows, as a member of the committee, and I certainly acknowledge his professional background. I think he will make a very good contribution to the select committee, along with the other members.

I am sure members of Parliament will agree that the reforms proposed in the Policing Bill are timely. As we are aware, and as the Minister pointed out, the Policing Bill replaces the 1958 Police Act and creates a fresh foundation for the legislation that guides the New Zealand Police. This is a law that is more suitable for the 21st century. Indeed, I acknowledge that this forward-looking bill builds on the solid base that this Government and previous Parliaments have already established for policing in New Zealand. In that sense, although we want to update and upgrade the policing legislation, I think it is very important to remind ourselves, but not in any smug sense, that our police service is second to none in the world. We need to reflect sometimes that every service, every group of people, is human. But certainly, as members of the Police Association would remind this member and others, we do have a police service that is second to none in the world. I challenge any member of the House to name another country that has a better police service than New Zealand’s.

But that is no reason to rest on our laurels. That is no reason for smugness. Indeed it is very important that, in order to maintain policing services that are relevant to New Zealanders and appropriate for our unique situation, we ensure this bill reflects changes in our society, supports the dedicated women and men who work in the police, and equips them with the right law to maintain a truly world-class police service. Those are important and ambitious goals, and the bill seeks to achieve them through two key areas of reform.

The first is to bring the governance, accountability, and organisational arrangements into line with the modern legislative environment, the expectation of New Zealanders, and the strong and accountable public sector that New Zealand is recognised for internationally. It is very important that we also reflect on the fact that, in terms of the index of honest Government, honest public service, and non-corruptibility, New Zealand is about the second or third-listed nation. Obviously that is something that we, along with our New Zealand police force, armed forces, and agencies of the law, wish to maintain. As the current Police Act offers virtually no guidance on the parameters of the relationship between the Minister and the commissioner and little clarity about the respective parties’ specific areas of responsibility, we might all agree that there are benefits in the bill’s proposal to more clearly outline the responsibilities and independence of the commissioner, and to highlight specific situations where the commissioner must act very clearly and concisely, independently of the Minister.

The second key area of reform that I note, and it is the one that I would like to focus on in my contribution tonight, is the support for effective policing. There are a number of ways that the bill seeks to achieve more effective and efficient policing, and that has been the result of very wide, comprehensive consultation. I acknowledge that members opposite certainly agree with me on that, and obviously I thank them for their very positive approach to this legislation.

I would like to talk about one issue in particular, which is the collection of identifying details from people detained by the police, as featured in clauses 32 and 33 of the bill. Those provisions are not a significant departure from those in the current Police Act, as I am sure you, Mr Assistant Speaker, will be very interested to know. The Act already allows the police to collect particulars of identification, but clauses 32 and 33 refine a number of aspects in order to better reflect the modern-day opportunities presented by faster and more readily available technology. The refinements in the clauses include suggesting limitations in order to protect individual privacy and human rights during the process.

Taking particulars of identity is the daily task of many front-line police. However, the routine of that activity belies the very critical importance of that function. The activity and the identification details collected play an important role in sustaining the very core of the confidence we have in the justice system that the persons put before the court by the police are indeed who they say they are. Accordingly, I am very interested to note and support the clauses that enable this important part of our policing and justice system to proceed in a way that is practical, efficient, certain, and fair. I know that members of the select committee will also support them, because this is an area of critical concern in terms of ensuring that the community is adequately protected and indeed ensuring that we do achieve the right balance between detecting lawbreakers and protecting members of our community. It is necessary to ensure that we do have checks and balances in that system, obviously.

Clauses featuring modernisation, reform, and clarification are found throughout the bill, and the opportunity for refinement and discussion in the select committee through the submission process, and through the interchange between the select committee members and our advisers, will benefit from the extensive consultation process that underpins this bill. From my perspective as chair of the select committee, I want to say how excellent that consultation process appears to have been.

I am particularly interested in the overall theme also of professionalising and reinforcing the quality of our police. Members should not get me wrong; the police service of this country is very, very professional. However, numerous clauses are aimed at moving the police towards a modern and professional employment framework. As part of that, it is envisaged that the New Zealand Police will continue to develop the existing system of certification, with the possibility of establishing a regulated system of professional police registration at a later point in time. Indeed, members of this House may wish to explore whether there are opportunities to provide for such a model within the bill, and it may be that the select committee process will stimulate further discussion in that area.

It is timely to acknowledge the very important contribution of the New Zealand Police in advising us on the bill, and also the very, very important role of the Police Association. I know that the deputy chair of the select committee will strongly agree with me when I say we will look forward very closely to the input from the Police Association as, of course, it represents the men and women on the beat—on the ground, so to speak.

In conclusion, I say this legislation will clearly enable the police to provide the best policing services for New Zealand, and that is vital as we advance further into the 21st century. I am very confident that the bill will provide a solid footing on which to do that. As I said, I acknowledge the role of the police already. I, along with other colleagues, represent the city of Hamilton, and I acknowledge the role of the New Zealand Police in Hamilton. I look forward to receiving local government submissions on the bill. The Hamilton City Council, for example, has an excellent relationship locally with the police—and I know Councillor John Gower will agree with that. But I think we are really looking forward to the maximum number of submissions coming from a wide range of local government and other community organisations, so that we can truly come to a situation where we have the best tools by which to advance what is frankly the best police service in the world.

I commend the bill to the House, and, like other members of the select committee, I look forward to seeing the submissions made on it.