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25
November 2007
Compromising
Democracy
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The
Electoral Finance Bill, which seeks to impose complex
restrictions on how people can engage in the democratic
process during election year, was reported back from the
Justice and Electoral Select Committee last week. (To read the
Committee’s report click here
>>>)
The Bill has been designed by Labour and its support parties
to ensure that they win the next election. The Labour Party is
so desperate to preserve political power that they are quite
prepared to compromise democracy in New Zealand for political
expediency.
The amended
bill has retained three of its worst anti-democratic features
by attempting to silence critics, crush opposition funding,
and trash New Zealand’s constitutional electoral law reform
traditions.
Firstly, the regulated period, which was extended from three
months before an election to the whole of election year, has
been retained. Secondly, draconian restricting on anonymous
donations and third party spending have been introduced, while
government departments remain free to use taxpayers’ money
to promote Labour Party policy. Thirdly, New Zealand’s proud
tradition of electoral law reform, which has always involved
cross-party consensus and the widest possible public
consultation, has been hijacked.
The New
Zealand Herald has boldly claimed that the Bill remains a
“constitutional outrage”: “The bill is a drastic
alteration of electoral law, going to the heart of our
freedoms and democracy. It is being rushed and reeks of
partisan opportunism. It should go no further” (To read the
Herald’s “Electoral Bill Still an Outrage” click here
>>> and their analysis of the “Changes to
the Electoral Finance Bill in Detail” click
here >>>)
The
Electoral Commission, whose job is to advise on the detail of
electoral law, has complained that the Bill as reported back
is confusing and that some parts will be almost impossible to
interpret.
The
President of the Law Society has stated that the Bill is far
too complex, contains serious restrictions on the freedom of
speech, and should be scrapped. (To read the Law Society
statement click
here >>>)
Professor
Bill Hodge from Auckland University has expressed has concerns
that “the
biggest spender and the biggest chequebook in the country
remains the advertising tool of the current labour Government,
while the opposition gets shut down. Government advertising is
unlimited while those who protest are said to be exercising
chequebook democracy.”
But it doesn’t stop there. Labour has also passed two other
self-serving election funding laws aimed at progressing its
goal of introducing taxpayer-funded elections by stealth: the
first was the legislation passed last year to retrospectively
validate their illegal $800,000 pledge card spending and the
second, the Appropriations Bill passed last week making it
legal for Parliamentary parties to use taxpayers’ funding
for electioneering purposes (for more information see the
Appropriations Bill’s Second Reading Debate click
>>>).
Of all of
the restrictions being imposed by the Electoral Finance Bill,
the most dangerous is Labour’s plan to restrict the freedom
of speech of all citizens for the whole of election year. The
Human Rights Commission has predicted that the effects of the
Bill would be “chilling”. With the imposition of
complicated state controls, an increase in the maximum fines
from $40,000 to $100,000 and the ultimate penalty for
‘getting it wrong’ increasing from one to two years’
imprisonment, many individuals and groups who would normally
engage actively in the political process will be intimidated
into silence, fearful of inadvertently breaking the law.
David Farrar, this week’s NZCPR Guest Commentator, has been
an outspoken critic of the Bill since its inception. As a
trustee of the Freedom of Speech Coalition set up to “Kill
the Bill”, he holds grave concerns about its widespread
impact:
“The Electoral Finance Bill will affect the rights of New
Zealanders to participate in the political process, and
especially to criticise politicians in many ways.
If you express an opinion for or against any political
party, or any MP seeking re-election, then this is now
classified as an election advertisement and regulated.
And this does not just apply to the period immediately
before an election, but for all of election year.
If passed, this means that political advocacy will be
regarded as election advertising for 30% of your life. You may
think that the law only applies to you, if you spend lots of
money on advertisements.
This is not correct.
The Bill defines publishing an advertisement as
bringing to the notice of the public by any manner.
This may be speaking in a public meeting, taking part
in a protest march, posting your views on a party or MP into a
political newsgroup on the Internet, or even an e-mail”. For
more details read David’s article “An Abuse of Power” by
clicking here
>>>
This attack
on the freedom of speech by the parties of government is
extremely serious. The New Zealand Bill of Rights Act 1990
states that “everyone has the right to freedom of
expression, including the freedom to seek, receive and impart
information and opinions of any kind and in any form”. If
Labour, the Greens, NZ First, the Progressives and United, are
successful in passing this Bill, New Zealand will be regulated
by the most restrictive and draconian electoral law
legislation in the Western World.
It is this
attack on our freedom of speech that has motivated John
Boscawen to mount a nationwide campaign against the Electoral
Finance Bill. John responded to my call to NZCPR readers to
put in a submission on the Bill, and having realised how
dangerous it is, he is determined to lead a citizens’ fight
to defeat the Bill.
His recent
Queen Street protest march attracted over 2,000 people. Many
were marching for the first time. The Prime Minister dismissed
the march as hardly being indicative of a ‘groundswell’.
That has spurred John to organise a second march: “If you
are not happy with 2,000 protesters, Prime Minister, we’ll
see if we can find you some more!” (For details on the
Auckland march on Saturday December 1st at 2.30pm,
and the Christchurch march on Wednesday Nov 28that
12.30pm click
here >>>)
John
Boscawen believes that the public has the power to stop the
Bill. Apart from the marches, if everyone who values free
speech contacts the leaders of the parties supporting the Bill
- and all of their MPs – asking them to withdraw the Bill,
then John believes the force of public opinion will cause them
to reconsider. With Parliament in recess this week, there is
plenty of time for everyone concerned to email MPs about this
Bill - the email addresses of all MPs can be found on the
NZCPR’s Parliament page, click
here >>>
John
Third is a New Zealand consultant who has spent much of the
year working in Cambodia. He was deeply moved by the freedom
marches and has written an article for our NZCPR Soapbox
Series questioning the government’s attack on our democratic
rights: “Cambodia today is struggling to overcome the
horrendous effects of Pol Pot’s Khmer Rouge … up to 3
million of a 5 million population were killed. This leads a
person to ponder just how it was possible for a deranged
lunatic like Pol Pot to get away with this.
How in a country in a modern age can the majority be
cowed to such an extent to allow such atrocities to happen?
Reading the history this occurred bit by bit: First, the Khmer
Rouge took control of the media, censoring what could be said,
and who had access to the media. Secondly, they passed laws to
immunise themselves from prosecution, criticism, and any form
of public scrutiny. Thirdly, they used state funded propaganda
to misinform …”
In
his article “Crossing the Line” John reflects on the
importance of constitutional constraints on our own
politicians and asks, “When does a government actually cross
the line from being a servant of the people to being
the master of the people. How do we identify that
important step? Is
it signing other people’s paintings and not being charged?
Is it speeding in motorcades and transferring the blame to
staff? Is it taking taxpayer funds to fund its own
propaganda, while denying the right of others to
criticise?”… (To read the article click here
>>>)
Has
Helen Clark crossed that line with the Electoral Finance Bill?
The answer has to be an unequivocal “Yes”. She has shown
that she is prepared to sacrifice everything that is good
about democracy to advance her own political objectives. If
she and her partners of convenience prevail in passing this
Electoral Finance Bill into law, democracy in New Zealand will
indeed be fatally compromised - just as it has been in those
despotic regimes where the state has become the master over
its citizens.
The
poll this week asks:
Do
you believe there is justification for introducing the
Electoral Finance Bill?
Go
to Poll >>>
If you
would like to comment on this issue please click
>>>
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