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