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National’s attacks on the spokesperson for his incorrect claim of rape in Parliament in 2019 and the costly defamation settlement have increased tensions in Parliament. But a political law expert says it would be difficult to get him out of work unless he decides to quit.
Trevor Mallard settled the case last year. It cost taxpayers more than $ 330,000 and came with an apology for the anguish and humiliation his incorrect comments had caused.
But National is digging in, with claims that Mallard is not the right person to fill the position. Ask for a vote of no confidence in the Spokesperson, after obtaining a statement of claim in the defamation case.
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ROBERT KITCHEN / Things
Speaker of the House, Trevor Mallard, on his way to the House of Representatives debating chamber.
Today Things Senior political reporter Thomas Coughlan takes The detail Almost two years ago at the beginning of the saga, while University of Otago law professor Andrew Geddis explains the role of the Speaker, how they are chosen and the special rules that protect them.
The latest outburst in the house is more serious than the standard grievances from opposition MPs, Geddis says, but unless Mallard decides to resign, it would be difficult to get him out of work if he continues to have the majority of MPs backing him. .
“If the Spokesperson’s Labor Party colleagues and, in particular, if Jacinda Ardern as Labor Party leader lost confidence in the Spokesperson … then the Spokesperson would have to resign.”
Couglan says that’s unlikely because the high-ranking Labor MPs who could replace Mallard, including Nanaia Mahuta, David Parker and Damien O’Connor, are too busy as ministers or, in O’Connor’s case, you’d be replacing him. “Someone who is a bit loose with another person who is a bit loose.”
National’s Gerry Brownlee has the experience and is well adjusted, but an opposition MP is seldom elected to the post of president.
“It would be a bit embarrassing if Jacinda Ardern said, look, I have this huge majority in the House, but you know, I can’t really find any of them as a spokesperson, so we’ll take one from yours.”
Coughlan says the politics surrounding the case are fascinating, such as the “Hutt Valley derby” rivalry between the various MPs, why the Act has walked away from the issue, and National MP Chris Bishop’s extraordinary speech in the House last week. which outlines the details of the claim statement, with Mallard listening from the chair.
Andrew Geddis says that the House of Representatives, where all members of Parliament meet and do their business, is governed by its own rules, the Rules of Procedure.
The House of Representatives cannot be dictated by any external body, for example, the courts cannot examine what the House of Representatives does and pass judgment on it.
“So that raises the question of who makes sure the House of Representatives follows its own rules and who decides what those rules are, who enforces them, etc.”
That role falls to the Speaker, who both represents the House of Representatives and its boss, also acts as an arbiter of the internal practices of the House.
The Speaker is chosen after an election and the position is open to any deputy. If more than one name is put, it is put to the vote of all the deputies. However, Geddis says, usually a deputy wants to do the job and everyone is happy that they do it. Trevor Mallard was the only nominee in the 2017 and 2020 elections.
The speakers are seasoned MPs who have given up the chance to be ministers. But unlike other Westminster-style parliaments where the president cannot vote, Mallard votes alongside all other MPs, which means the government wants one of its MPs in office.
“That can cause real problems because the person who is meant to be mutually dispassionate saying, these are the rules and this is how they apply, is also a member of the government today and is still meeting with the government caucus and still he is meeting with parliament – that causes tension and may lead to accusations of bias, etc., but it is inherent to the role.
Geddis says it’s a “little black hole” when it comes to an agreement between the parties about who will do the work.
“I imagine there are a lot of negotiations behind the scenes, the government talking to the opposition, would you be happy if this guy did it? Does he have objections and so on? … but all we know is that the names move forward and a process “. It is often.”
