50 The Commission believes that the current approach is inconsistent with the purpose and wording of section 7, which states:28 Where any Bill is introduced into the House of Representatives, the Attorney-General shall….. Bring to the attention of the House of Representatives any provision in the Bill that appears to be inconsistent with any of the rights and freedoms contained in the Bill of Rights. (emphasis added) 51 The Commission recommends that the Committee urges the Government to commit to amending its BORA vetting process to better protect human rights in legislative development by:  ensuring that section 7 reports are prepared, tabled in Parliament and referred to select committee where a Bill appears to be inconsistent with any of the rights and freedoms contained in the BORA. In other words where there is a prima facie inconsistency;  establishing a mechanism for Parliament to periodically review the continued validity of any justified limitation. 52 Supplementary Order Papers (“SOPs”) propose amendments to bills after their introduction into Parliament. SOPs are not routinely subject to BORA review and reporting. The Commission considers that this is a gap in New Zealand’s pre legislative scrutiny processes. 53 In 2012, for example, an SOP proposing greater mandatory use of invasive stripsearching of prisoners was not considered for consistency with the Bill of Rights despite raising questions of compliance with both domestic and international human rights standards. Where proposed amendments engage domestic and international human rights obligations, the usual reporting mechanism ought to apply. 54 The Standing Orders Committee of the House of Representatives has recommended that Bill of Rights reporting be required on substantive SOPs.29 The Commission agrees with the Standing Orders Committee and recommends that the Committee encourages the Government commit to amending its BORA reporting process to require section 7 reports - in the modified form referred to above at paragraph 51 – on substantive SOPs. 28 Ibid, s7. Review of Standing Orders (Report of the Standing Orders Committee, September 2011) at 37. http://www.parliament.nz/en-nz/pb/sc/documents/reports/50DBSCH_SCR56780_1/review-of-standing-orders-2014-i18a 29 Page 18 of 93 Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR

Select target paragraph3