Appointment of David McGee as Ombudsman

Notice of Motion: ‘That this House recommends His Excellency the Governor-General appoint David Graham McGee, CNZM, QC of Wellington as an Ombudsman for a term commencing on 19 November 2007’.

When one walks into this chamber, the cameras are often focused on the drama, the intrigue, the spectacle that is called politics.

But when one walks out of the chamber, there are many distinctive and equally impressive people who make this place work.

There’s the Scottish wonder of Ellen; the cheery conversations of Clarry; the respectful protection of our security staff, the incredible resource of the library services, and many others.

But there is one person who absolutely stands out amongst many.

Parliament’s top official – the head of more than 100 staff – the key advisor to Madam Speaker – the Clerk of the House of Representatives.

It is my honour on behalf of the Maori Party, to support the Notice of Motion, and to endorse the comments made this afternoon; to acknowledge with our utmost appreciation the outstanding contribution that David McGee has made to this Parliament.

For over thirty four years, he has been a pivotal player in guiding Parliament; and in monitoring the extent to which Parliament should be at the forefront of public debate.

And we stand also, to mihi to a man who has not been afraid to make his mark on parliamentary practice in Aotearoa.

In doing so, he has never shied away from controversy or conflict.

It was this man, who backed the Privileges Committee in censuring TVNZ’s treatment of former Chief Executive, Ian Fraser, describing their behaviour as an “egregious” breach of privilege.

It was Dave McGee who criticized the way that New Zealand enters into international treaties as “fundamentally undemocratic”.

It is the Clerk of the House who gets to deal with any evidence or reports which may adversely affect somebody’s reputation.

Examples in recent years include of course the accuracy of home addresses for the leader of the opposition; or our own Hone Harawira’s two day visit to the Northern Territory.

It is this same person who in 2004 issued a scathing 24 page submission in response to the Public Finance (State Sector Management) Bill. His opening two lines bear repeating as an example of the clarity of the advice he has presented over the years, and I quote:

“Democracy entails accountability for the exercise of power. Accountability has a number of facets, one of which is the Executive being answerable to Parliament for its use of public resources to achieve specified outcomes”.

And I am sure, that David as a student of democracy knows only too well how fragile the existence of the institution of democracy can be in any society. A view we in the Maori Party are also acutely aware of.

Madam Speaker, within every whanau, hapu and iwi, there are wise elders who inspire and challenge us all, as much as by what they don’t say as what they do say.

Their lifetime legacy is demonstrated in the art of the under-statement. Lessons are learnt by trying to interpret the stories told, struggling over the meaning of past experiences.

David McGee reminds me very much of these same wise elders. The impact of his institutional knowledge is immense. He has an enormous capacity for being able to look into history, and draw upon precedent to assist us in understanding the issues of the day.

It is a quality which the Maori Party has come to attribute the highest value to.

We have all appreciated the expert opinion he has shared so generously with us – never venturing past the boundaries of political impropriety but adhering firmly to the conventions and procedures of the parliamentary process. He is truly, a professional.

As a new party, the source of institutional wisdom we found in Dave McGee has been particularly crucial in establishing a sound foundation for our future as a strong and independent Maori voice in Parliament.

The institutional knowledge and memory he takes with him will be sorely missed and we all know what happens to an institution when its memory goes. We just need to look at our Public Service and the difficulties that currently exist there, as a result of the corporate juggernaught that marched through its ranks in the mid eighties. Let history be our constant reminder.

As an example of the imprint of his institutional memory, I would recommend Members of the House look at a paper from David McGee, entitled ‘Concerning Legislative Process’ which was published in the Otago Law Review earlier this year.

In that paper he revealed a rather amazing fact, from analyzing the speed of law making over a fifty year period starting back in 1954. What he found was that the 2002-2005 Parliament produced the lowest total of minutes sitting to pass each page of legislation over the fifty year period.

While in 1984, for example, the House required 22.4 minutes to pass each single page of legislation, in 2002 through to 2005, the minutes required had reduced dramatically to 12.3.

As we consider the undue haste in which the House is proceeding through the legislative programme, one can only surmise that the speed of law making for this 2005-2007 Parliament will no doubt drop off the tally sheet.

Madam Speaker, I have taken the time to outline some of these other distinctive characteristics from the reign of David McGee, because I see them as laying a ripe foundation for his next role as the third Ombudsman.

The candidate specification outlined that “independence, credibility and impeccable integrity are essential” to that role.

It is my humble opinion that we would be hard pressed to find a better person to fulfill such characteristics than David McGee.

Indeed his leadership is acknowledged throughout the Commonwealth – and of course perhaps his greatest legacy will be in the 770 pages of Parliamentary Practice in New Zealand that occupies pride of place in any reputable MPs bookshelves.

The role of the Ombudsman is an essential facet of the democratic process. It is critical in the maintenance of public confidence in the bureaucratic system, in public administration, in Government.

The Ombudsman provides that critical watchdog capacity, to ensure the machinery of Government operates in a fair and reasonable manner.

And as I pondered on Dave McGee’s suitability for this position, I was drawn to a comment he made in the submission I referred to earlier, in challenging the substance of the Public Finance (State Sector Management) Bill.

David McGee drew upon an example established by Gaius Petronius in the year 66AD, who said and I quote:

“I was to learn later in life that we tend to meet any new situation with reorganizing and a wonderful method it can be for creating the illusion of progress while producing inefficiency and demoralization”.

Like I say – the wisdom of our olds is a gift to be treasured.

The Maori Party is confident that our support for David McGee to be appointed the third ombudsman will reap rewards for the very nature of the democratic process.

We believe that he will provide excellent and expert advice to those who seek his services –

those who seek to relitigate their grievances against the administration of government;
those who seek to outline their evidence of mis-treatment of prisoners;
those who are considering making a protected disclosure;
those who appeal requests declined under the terms of the Official Information Act,
and all those New Zealanders who simply seek justice.
We congratulate David McGee on his appointment; we acknowledge his distinguished contribution to the House of Representatives, we are happy to support this Notice of Motion.