14 Dec 2020

National wants to question Parliament's Speaker over costly legal dispute

9:47 am on 14 December 2020

The National Party will attempt to question Parliament's Speaker over a costly legal dispute before a select committee.

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Trevor Mallard has publicly apologised for comments he made in which he wrongly claimed an accused rapist was working on Parliament's premises (file picture). Photo: RNZ / Dom Thomas

RNZ was told last night the Labour Party would block any attempt by the opposition to make Trevor Mallard appear.

This morning Prime Minister Jacinda Ardern told Morning Report over the years opposition parties had claimed no-confidence in the Speaker and "unfortunately, it tips into the political from time to time".

"I have confidence in the Speaker. Clearly, he has made a mistake and he himself is open about that.

"On this particular issue, the Speaker himself, I'm advised, was aware that a select committee may choose to ask him to come and answer questions. He has proactively contacted the chair to arrange a time."

She expected Mallard would appear before the select committee this week.

As for signing off on using taxpayer dollars to fund the legal costs, she said ministers usually had that privilege, but for "the Speaker to be treated in that way was a decision by the Deputy Speaker National MP Anne Tolley on the advice of the Solicitor General because it needed to be independent of the Speaker".

However, Ardern confirmed: "I've not been involved in that."

Mallard last week publicly apologised for comments he made in which he wrongly claimed an accused rapist was working on Parliament's premises.

A staffer was stood down and then launched defamation proceedings, which were later revealed to have cost the taxpayer more than $330,000.

Both National and ACT have declared they have lost confidence in the Speaker and have called for his resignation as they believe he is no longer fit for the role. Prime Minister Jacinda Ardern has expressed her confidence in him and repeated the statement today.

Mallard is accountable to Parliament's Governance and Administration Select Committee and its chair, National's Barbara Kuriger, will call a meeting this week and for him to appear.

National's Shadow Leader of the House Chris Bishop said many questions remain unanswered.

"So far there's been no accountability for that. He hasn't made a statement to Parliament about it, he hasn't apologised to Parliament and we want to know exactly what has happened here and want him to answer questions on behalf of taxpayers about his expenditure of public funds," he said.

Bishop told Morning Report there had been widespread outrage at the costly settlement.

It is not right for the Speaker to behave this way and Parliament must hold him to account, Bishop said.

The Speaker can only be called to appear before the select committee if it is part of an investigation, Labour's majority meant it could stop one from being launched.

The ball is in Labour's court, Bishop said.

"Ultimately it's over to them as to whether or not they are going to shield him from any questioning or any criticism," Bishop said.

National's plan has the backing of ACT and its leader David Seymour said Labour MPs on the select committee should not let the party line get in the way of the truth.

"Well it is certainly true that those Labour Party members of Parliament could choose to vote along party lines and prevent Parliament from getting more information about what's happened, however, one would hope that they see themselves as New Zealanders and members of Parliament first and Labour Party members second ... after all, they swore an oath to the Queen and New Zealand, not the Labour Party," Seymour said.

Seymour said calling the Speaker to account is the right thing to do, "how those Labour MPs vote is a test for them".

Mallard refused to comment when contacted by RNZ.

*An earlier version of this story said RNZ understood Labour would block any attempt to have the Speaker appear at the committee. This is updated with the prime minister's subsequent remarks that the Speaker is due to appear this week.