Parliament’s Collective Failure To Defend The Constitution.

Unbitten: It is one of the oddest and most worrying aspects of the events surrounding Green MP Eugenie Sage’s late-night attempt to re-write the constitutional convention on entrenched legislation while a weary House of Representatives was sitting under Urgency. Sherlock Holmes’ famous observation concerning the dog that did not bark, might be applied with equal justification to the Opposition that did not bite.

WHILE WE MAY be reasonably confident that the attack on New Zealand’s constitution will be repelled, it should never have happened. That it was legal scholars who sounded the alarm over the entrenchment of a section of the Three Waters legislation, should cause all 120 of our parliamentarians to hang their heads in shame. Their collective failure to grasp what Green MP Eugenie Sage was doing points to a woeful lack of political and constitutional awareness among those whose first and most important duty is to protect the integrity of our democratic system.

Had a similar effort to screw the constitutional scrum been attempted even ten years ago, the perpetrator would have been red-carded immediately. Not even Rob Muldoon, who was not above the odd instance of constitutional skulduggery, would ever have contemplated a stunt like Ms Sage’s. He would have known that his National Party colleagues would have intervened decisively to prevent him bringing their party into such disrepute.

It is one of the oddest and most worrying aspects of the events surrounding Ms Sage’s late-night introduction of her controversial SOP (Supplementary Order Paper) while a weary House of Representatives was sitting under Urgency. Sherlock Holmes’ famous observation concerning the dog that did not bark, might be applied with equal justification to the Opposition that did not bite.

Tired though National’s and Act’s MPs may have been, and eager to get home to their beds, Ms Sage’s SOP should have had the same effect upon them as a bucket of cold water. Members of the Opposition parties should have risen instantly to their feet, baying like bloodhounds for the Speaker to rule upon the constitutional propriety of the Green MP’s SOP. Expressions of anger and disgust should have been ringing off the Chamber’s walls like the echoes of heavy artillery.

Those Cabinet Ministers present in the House, and their colleagues listening to the proceedings with one ear back in their offices, would have known immediately that something was wrong. Leader of the House, Chris Hipkins, would have hurried to the side of the Minister in charge of the Three Waters legislation, Nanaia Mahuta, seeking urgent clarification as to what the hell Eugenie Sage was playing at.

A fair question – even at this stage of the proceedings. What was Ms Sage playing at? More to the point, was Ms Mahuta aware of her game? Did the Green MP’s SOP come out of nowhere, or was the entrenchment of the section prohibiting the privatisation of any or all of the four water “entities” part of a long-planned attempt to distract the public from the co-governance provisions of the legislation, by making it practically impossible for the Opposition parties to sell off the people’s water to private interests? (That the Opposition parties had categorically ruled out the privatisation of water was deemed an insufficient barrier to its introduction.)

Journalistic inquiries have established that the entrenchment of prohibitions against privatisation was being recommended by supporters of Three Waters months ago. It has also emerged that the Crown’s legal advisers had warned those responsible for the legislation (Ms Mahuta presumably) that such a course of action would be constitutionally abhorrent. It is further suggested that Cabinet received the same advice.

All to no avail. Neither Crown Law, nor the Attorney-General, were able to dissuade the Prime Minister from writing to the Opposition leaders, seeking their support for adding anti-privatisation to the list of core democratic rights and freedoms entrenched in our electoral legislation.

That privatisation is so very clearly “one of these things [that] is not like the others” in no way dissuaded the three women of Three Waters from undermining the integrity of New Zealand’s sixty-six-year-old, unanimously enacted, entrenchment provisions – along with the parliamentary consensus that had rendered them sacrosanct for so long.

The beauty of this country’s unwritten constitution is its simplicity and flexibility. It is not beholden to unelected judges, and vouchsafes to all citizens the right to overturn with their votes what arrogant politicians have set up with their own. The only right our constitution sets in stone, is the right of citizens to participate in the government of their country. Those who seek to remove the power of the people’s representatives to amend and/or repeal the laws, are not their friends – they are their enemies.

This essay was originally published in The Otago Daily Times and The Greymouth Star of Friday, 2 December 2022.

Sage Decisions Unwisely Over-Ruled.

Overruled: The joint decision of Finance Minister, Grant Robertson (Labour) and his Associate Minister, David Parker (Labour) arguably the two most powerful ministers in Jacinda Ardern’s government, to grant OceanaGold the consents which Land Information Minister, Eugenie Sage (Greens) had earlier denied them, offers bitter proof of how hard fighting Climate Change is going to be.

EARLIER THIS WEEK, several hundred young Wellingtonians laid siege to the Ministry for Business, Innovation and Employment (MBIE) on Stout Street in the heart of the capital. Their Extinction Rebellion protest was the first in a noisy series of similar demonstrations set to take place across the world. Had they known that two senior Labour ministers would, the very next day, over-rule the anti-mining decision of the Greens Land Information Minister, Eugenie Sage, their protest might not have been so good humoured.

The joint decision of Finance Minister, Grant Robertson, and his Associate Minister, David Parker (arguably the two most powerful ministers in Jacinda Ardern’s government) to grant OceanaGold the consents which Sage had earlier denied them, offers bitter proof of how hard fighting Climate Change is going to be.

In refusing the company its consents, Sage had argued that the mine’s proposed expansion was “inherently unsustainable, will increase emissions, and will provide only moderate employment benefits relative to winding down the operation and remediating the site”.

If Climate Change is to be fought successfully, judgements such as Sage’s will have to be issued by the thousand. Businesses large and small, in the cities as well as in the countryside, will have to be told, bluntly, that what they are proposing has become unacceptable. That the days of companies making profits, by passing on the environmental costs of those profits to future generations of taxpayers, are over. That the facts of economic life have changed.

A progressive government that was serious about its promise to make Climate Change the nuclear-free moment of its generation, would have stood behind Sage’s decision. If only to demonstrate that the painful but necessary decisions it would increasingly be required to make could not be undermined, second-guessed and generally got-around by hiring expensive lobbyists to whisper scary stories in senior ministers’ ears. Leading the charge in this respect should be the Finance Minister. No one else can speak to the business community with such authority.

But, what did the Finance Minister and his Associate Minister actually do? How did they express their solidarity? Well, in their media release of Tuesday, 8 October, they expressed it like this:

“In August 2019, Land Information New Zealand’s Overseas Investment Office (OIO) received two new applications from OceanaGold to buy the parcels of farm land totalling approximately 180 hectares near its current Waihi mines.

“In respect of the new applications the ministerial decision making roles were transferred to Ministers Robertson and Parker, who have policy responsibilities under the Overseas Investment Act, to ensure a fresh analysis of the application.

“The OIO considered the new applications under the benefit to New Zealand pathway of the Overseas Investment Act and recommended to Ministers the applications be approved.”

Ministers Robertson and Parker duly approved the OIO’s recommendation. OceanaGold’s investment, they said would: “benefit New Zealand because of the retention of about 340 full-time jobs over nine years and exports valued at $2 billion over nine years.”

It is hard to think of a more naked admission by this government that, when confronted with a choice between acting to save our environment and “business as usual”, it will unfailingly choose “business as usual”. Robertson and Parker have stripped away all the star-dusted rhetoric, and thrust forward the unadorned reality for everyone to see. Jobs and export earnings: the very same drivers that have persuaded government-after-government to put off saving the environment until tomorrow, on account of the heavy political costs associated with saving it today, clearly remain as powerful as ever.

Is this what the Greens signed-up for? To see their ministers humiliated? To have their policies ignored and their decisions over-ruled? To have the threat of corporate legal action trump any and every attempt at climate action?

In the light of this decision, the Greens must surely reassess their position vis-à-vis Labour and NZ First, Those among them (yes, we are looking at you James Shaw) who argued that ministerial portfolios would allow the party to do things that shouting from the side-lines could never achieve, stand rebuked by Robertson’s and Parker’s ruthless intervention. They have made it clear that any Green Party ministers who believe themselves free to act independently, according to the evidence, should think again.

And so should Extinction Rebellion, because, clearly, MBIE is the least of their worries.

This essay was originally published in The Otago Daily Times and The Greymouth Star of Friday, 11 October 2019.

Who Do The Greens Think They Are?

On Life Support: Most activists would assume that an ecological party of the Greens’ pedigree would be in the vanguard of the struggle against climate change: advocates for the most radical and uncompromising means of defending the biosphere. Most activists would, however, be wrong.

“WHAT WE THINK, we become”, observed Siddhartha Gautama, the Enlightened One. What then, have the Greens, particularly their parliamentary representatives, been thinking to become the confused collection of MPs we see today?

The easy answer would be to say that thinking is the one activity the Greens have not been engaging in since facilitating the formation of the Coalition Government. In part, the party’s shambolic unmindfulness is the consequence of sheer panic. The destruction of Metiria Turei caused considerable collateral damage. The party lost a lot of talent – much of which it has yet to successfully replace.

Even more serious than temporarily losing its collective head, however, was the Green Party’s loss of direction. Ever since the 2017 election, the Greens have been spinning around in their own aimless eddies. No longer caught up in the strong currents of ecological activism which had propelled them forward since entering Parliament in their own right in 1999, the Greens energies have been swallowed up in the constantly multiplying micro-conflicts of identity politics.

Such appears to be the fate of all left-wing and progressive organisations that lose the impetus supplied by a single, unifying cause. In the absence of the latter, all the essentially irresolvable conflicts of identity politics – Male vs Female; Black vs White; Cis vs Non-Cis; Trans vs TERF – rush in to fill the vacuum. Regaining the movement’s forward momentum is never easy in these circumstances, but without effective and inspiring leadership it is practically impossible. Tragically, this is precisely where the Aotearoan Greens have ended up: unmoved by a great cause and uninspired by ineffectual leaders.

On the face of it, the Greens predicament is absurd. Most activists would assume that an ecological party of the Greens’ pedigree would be in the vanguard of the struggle against climate change: advocates for the most radical and uncompromising means of defending the biosphere. Most activists would, however, be wrong. The Green Party of Aotearoa is not in the vanguard of the struggle against climate change: it’s best and its brightest are holding down ministerial jobs outside of the Cabinet; diligently toiling in the bureaucratic vineyards of mainstream politics.

In spite of the fact that the latest report from the Intergovernmental Panel on Climate Change (IPCC) calls for massive sacrifices from the world’s wealthiest nations and a fundamental transformation of the global economy, the Aotearoan Greens have committed themselves to “the technological fix” that will, somehow, allow the planet to survive without its most dangerous species having to change very much of anything.

This is nothing short of tragic. Defeating anthropogenic global warming has always depended on humanity treating it as the moral equivalent of war. But, instead of green warriors urging their fellow citizens to fight and, if necessary, die for the planet, Aotearoa has been blessed with a party of conscientious objectors. To the question: “Is anybody standing up to the big corporates? The farmers? The road transport lobby?” James Shaw, Julie Anne Genter and Eugenie Sage reply that they are doing the best they can. That politics is the art of the possible. Moreover, there’s the Budget Responsibility Rules to consider – not to mention the wishes of Labour and NZ First. Not to worry, though, because Marama Davidson is rehabilitating the word “cunt” and sticking it to the misogynist “bros” on social media. Right-on, sister!

The Green Party’s key strategic error, post-election, was to want anything to do with ministerial warrants – or coalition partners. They should have told Labour and NZ First that if push came to shove on the floor of the House, then they would always vote to keep them in office and the National Party in opposition, but, beyond that, all bets were off. They would wield the hammer of justice, ring the bell of freedom and sing the song of love between their brothers and their sisters exactly as they saw fit – while fighting for the planet with all their might.

In the end, the increasingly urgent need to keep Planet Earth liveable is going to burn off the denialists and the compromisers; the incrementalists and the technological fixers. And when that moment comes there needs to be one party that has steadfastly refused to buy into the dangerous optimism of the she’ll-be-righters and the let’s-hope-for-the-besters. A party ready to step forward with the hard answers where all other answers have failed. A party that is willing, after many, many years in the political wilderness, to offer a terrified electorate the same terse instruction that Kyle Reese gave to Sarah Connor in The Terminator: “Come with me if you want to live!”

If the Greens think anthropogenic global warming is real; if they think that only ecological-wisdom-in-arms can defeat it; then that is the sort of party they will become. Sorting out the bros can wait until the planet stops burning.

This essay was originally posted on The Daily Blog of Friday, 26 October 2018.