USE OF RULES

Nelson Evening Mail, Volume LXXI, 20 November 1937, Page 12

USE OF RULES

PASSING OF BILL RIGHTS OE IWINOKITV PROTEST MADE IN THE COUNCIL l Prom Our Own Parliamentary Reporter J WELLINGTON, This Day. Quoting an authority who stales that "the only weapon b.v which the minority can defend themselves —are the forms and rules and proceedings which have been found necessary Worn time to time, and are become the standing orders uf the House." the lion. E. Waite (Otago) made a protest against hurrying legislation through the Legislative Council yesterday afternoon. The Industrial Conciliation and Arbitration Amendment Bill <No. 3) was bet ore the Council at Hie time. Mr Waite made it clear that he had no desire to obstruct the measure, but merely wanted to call attention to an important principle. When (he Leader ol the Council (the Hon. Mark Eagan) asked leave to suspend the standing orders to permit the Bill to be put through all stages at the sitting, Mr Waite rose and said he would oppose the suspension on a point of principle. On the suggestion of the Speaker (the lion. Sir Waller Carncross) he refrained from commenting further until the second reading of the Bill was taken.

Mr Waite said he did not think any member of lhe Council wanted to obstruct the Bill before them, but as it. was the duty of the Council to act as an advisory body he wanted to suggest that it was not possible to revise legislation under the methods being adopted. "This is the third amendment to the Industrial Conciliation and Arbitration Act this session." said Mr Waite, "and to-day we are amending an Act that we passed just two days ago. Speed should rot be our only motto. The Government had discovered about twenty-four hours after the Act was passed that it would have to be altered. I just want to draw attention to the position that has been created.”

Mr Waite then quoted from Sir John George Bourinofs “Parliamentary Procedure and Practice” to illustrate the dangers of any departure from the forms and rules that have become standing orders. “By a strict adherence to these the weaker parly can alone be protected from those irregularities and abuses which those forms were intended to check, and which the wantonness of power is but too often apt to suggest to large and successful majorities," Hatsell had staled. Mr Waite said that lie was not going to suggest that all he had quoted applied in the instance before them, but the rapidity with which they had to deal with legislation was not fair to the Leader of the Council, to members or to the general public. "We cannot safeguard the public with this rush of Bills through the House,” he added. The Hon. B. Martin (Auckland) said the Bill which called for the amendments in the measure before them had n<' been rushed through the Council, but had been considered by a committee and discussed by Councillors. There was reason for urgency in the case before them, but, except where exceptional circumstances operated, the Government had always been careful to see that everyone's rights were safeguarded. It had never over-ridden the rights of the minority. Mr Fagan said Mr Waite’s remarks had no application to the Bill under discussion. He agreed with the authorities quoted by Mr Waite but submitted that the dangers referred to had no application in the Council. Urgency was only taken when the legislation was pressing, and Mr Waite had admitted that the Bill should not be obstructed.