Nats says Turia given too much slack

1.15pm

The National Party says Tariana Turia's breaches of Cabinet rules are so serious that Prime Minister Helen Clark should have sacked her weeks ago.

Today the junior minister was talking over her options with her family after the party caucus yesterday gave her permission to abstain on the May 6 vote on the Government's seabed and foreshore legislation.

Helen Clark has warned Mrs Turia she would lose her portfolios if she crossed the floor and opposed the bill.

Mrs Turia was also given another option, which was not disclosed but is understood to be simply walking away from the problem and not voting at all.

National Deputy Leader Gerry Brownlee said Labour was trying to find a convenient arrangement born out of political expediency rather than principle.

"It's now irrelevant whether Tariana Turia abstains or avoids Parliament when the foreshore and seabed legislation is introduced - she is already in breach of conventions that go back hundreds of years," Mr Brownlee said.

"She is in clear breach of section 3.22 of the Cabinet manual which states 'a minister's support and responsibility for the collective Government position must always be clear'."

Miss Clark, who has gone to great lengths to try to find a way for Mrs Turia to stay in the Labour fold while not supporting the legislation, said yesterday she could tolerate an abstention or a "non vote" but not outright opposition.

"A vote against a government bill by a minister is a step too far," she said.

However, Miss Clark toned that down by repeating suggestions that Mrs Turia could be sent to the back benches for a limited time and then get her ministerial warrants back.

"If people take actions which led to them stepping outside of the executive for a time, when that time is over we will look at it again," she said.

Mrs Turia backed off a confrontation after saying on Monday she would "definitely" vote against the bill in Parliament.

"That is no longer her final position" Miss Clark told reporters after the caucus meeting.

She said that if Mrs Turia had repeated to her the statement she made on a small iwi radio station, she would have been "outski".

Mrs Turia has previously threatened to resign from Parliament and force a by-election if she is sacked for opposing the legislation, but that does not seem likely after the latest conciliatory steps.

The other dissident Maori MP, Nanaia Mahuta, is in a similar position to Mrs Turia but because she does not hold ministerial portfolios she cannot be punished in the same way.

Ms Mahuta has confirmed to the Waikato Times that she will vote against the controversial foreshore and seabed legislation during its first reading on May 6.

Her confirmation coincides with the arrival of seabed and foreshore hikoi marchers in Waikato today and with Prime Minister Helen Clark's visit to Hamilton tomorrow and on Friday to meet business and union leaders.

Hamilton East MP Dianne Yates refused to say whether her Labour colleagues had a clear understanding that Ms Mahuta would vote against the bill.

The caucus had yesterday agreed to the two MPs not voting for the legislation but that did not mean they could vote against it.

"Most members would be happier if she abstained ... rather than voting against," Ms Yates said.

Ms Mahuta has become more outspoken in her opposition to the proposed legislation since making her intentions known.

"The treatment of Maori is unfair and unjust and this bill will prevent due process and a more positive way forward with long-term benefits for all," she said.

Tainui was aware that the numbers in Parliament on the legislation were against Maori "but that doesn't mean that what the Government intends to do is right", Ms Mahuta said.

"In a free, democratic society how can any Government ... extinguish the customary property rights of Maori without our agreement?"

The proposed law would treat Maori unfairly in comparison to private property owners and was a breach of the Treaty of Waitangi, Ms Mahuta said.

Government sources told NZPA a "no" vote by Ms Mahuta would end any chance of promotion in the future.

Asked about the issue in Blenheim today, Miss Clark said the past loyalty of Ms Mahuta and Mrs Turia counted for a lot.

Mr Brownlee said the Prime Minister was applying two sets of standards - one for Maori and one for non-Maori.

Helen Clark has pointed to the fact that Labour allowed West Coast MP Damien O'Connor to vote against anti-logging legislation.

- NZPA