Party-hopping MPs safe under bill escape clause

By JOHN ARMSTRONG

The Government's attempt to ban MPs from party hopping by law is going ahead despite Labour and the Alliance conceding it will not force them to leave Parliament if they jump ship.

The anti-defection bill was reported back to the House yesterday, with MPs on the justice and electoral select committee split 5-5 on whether it should go further.

The Greens, who normally vote with the Coalition, are firmly opposed to the bill, as are National and Act, who also argue that it will not do what it claims to do.

However, it will become law because it has the support of New Zealand First, giving it enough votes to get through the House.

The Electoral (Integrity) Amendment Bill fulfils an election promise by Labour and the Alliance in the wake of party defections by disaffected Alliance and NZ First MPs during the last term of Parliament. It means an MP's seat becomes vacant if he or she ceases to be a member of the party for which he or she was elected.

But MPs will no longer be members of their party only if they give written notice to the Speaker. The escape clause is necessary to ensure resignations are voluntary and political parties do not use the new law to expel dissident MPs.

But the loophole means defecting MPs - like Alamein Kopu - could stay in Parliament as long as they do not resign the party ticket on which they were elected.

In their report, Labour and Alliance MPs on the select committee said inaction to stop party hopping would be "inexcusable and inexplicable."

But they acknowledged the bill did not address dissenters who refused to resign from a party. Trying to strengthen the bill would run into the Bill of Rights - the committee was given such a warning by the Solicitor-General, John McGrath.

In a separate report, Act, National and Green committee members predicted the bill would only add to voter cynicism and disillusion because it was ineffective.

Faced with compulsory departure from Parliament, many MPs would not deliver the notice required to trigger a vacancy.

Despite that, the Prime Minister, Helen Clark, said the Coalition would be proceeding with the bill after talking to NZ First. She did not rule out further efforts to strengthen the legislation.

The deputy leader of NZ First, Peter Brown, also said his party would try to fix the bill.

National's justice spokesman, Tony Ryall, said MPs could easily circumvent the measures designed to force them out.

He said that under the bill, an MP could verbally tell the Speaker he or she had changed parties but, unless it was in writing, that MP would not be in breach of the legislation. "The bill is so full of loopholes you could drive a busload of MPs through it."