Top tweets on the Government’s Three Waters law entrenchment
Catching up on constitutional developments while I’ve been deep in the marking cave.
And this one is a doozy — and perhaps concerning?
An SOP entrenching a point of policy (ownership/control of water assets) was agreed, ie 60% majority needed to repeal.https://t.co/GRRXrmr6ZW pic.twitter.com/sm4MCOD85w
— ᴅʀ ᴅᴇᴀɴ ᴋɴɪɢʜᴛ (@drdeanknight) November 25, 2022
Yesterday, @drdeanknight drew to everyone’s attention that the government was planning to entrench a provision in legislation as part of its water reforms. Let’s talk about what that means and why it is a concern. Long thread to follow. 🤓🧵👇
— Edward Willis (@edwardmwillis) November 26, 2022
I’ve worked on+studied constitutional law – & I don’t think the attempt to entrench public ownership of water assets is outrageous. Entrenchment is a way to protect interests seen as fundamental or foundational. It’s a way to stop far-reaching change being done by a sidewind. /1
— Max Harris (@maxdnharris) November 26, 2022
I’ve worked in+studied constitutional law & I think whatever constitutional outrage accords with my preferred partisan position is fine actually pic.twitter.com/0jv2sCqXgD
— Ben Thomas (@BenThomasNZ) November 26, 2022
I am simply begging the left to imagine what elements of the next National govt's agenda they might choose to entrench if this sort of thing becomes typical https://t.co/EGt3YpRrAP
— Lew (@LewSOS) November 26, 2022
most of our law isn’t entrenched – including things that will never be touched, like the right to public education. silly to trample on the norms surrounding entrenchment in a ham-handed attempt to change the conversion to one about privatisation
— henry cooke (@henrycooke) November 26, 2022
The SOP to entrench clause 116 responds to many public submissions about the need for continued public ownership of three waters assets. A key feature of our democracy is Parliament changing proposed laws in response to public concerns. https://t.co/IciaFsrzuU
— Eugenie Sage (@EugenieSage) November 26, 2022
Sorry, that's not how democracy works. We elect members of Parliament who then pass laws with a majority. Submissions to committees are a vital element of the parliamentary process but not a substitute for democratic decision-making. There's no excuse for the SOP. https://t.co/AksekOC7Sx
— Oliver Hartwich (@oliverhartwich) November 26, 2022
No integrity. Five years in government has corrupted them, as it usually does tbf. https://t.co/1plSbVa7BA
— Matthew Hooton (@MatthewHootonNZ) November 26, 2022
Disappointing. Entrenchment means the law is less responsive to public concerns. What happened to the Greens? They’ve gone from being the most principled party to probably the party most likely act in bad faith (helps that NZ First is not there). Was it a generational shift? https://t.co/lResq5SuZ4
— Liam Hehir (@PronouncedHare) November 26, 2022
— Eugenie Sage (@EugenieSage) November 26, 2022
Officials advised against it but there is no obligation to always take their advice.
— Eugenie Sage (@EugenieSage) November 26, 2022
The only good thing about this shameful episode is that it is making clearer who has principles, and who are utter utter hacks.
— Eric Crampton (@EricCrampton) November 26, 2022
As it was the Greens who moved the entrenchment clause, the next Parliament should entrench:
* Removal of all restrictions on genetic modification
* Removal of all non-weapon restrictions on nuclear powerIronically both would be useful for meeting climate change goals.
— David Farrar (@dpfdpf) November 26, 2022
We've got @drdeanknight out here doing the opposition's work.
The existence, plus passing, plus lack of opposition making noise, is a damming indictment on every single MP.
But mainly the Greens and Labour.
— David Cormack (@David_Cormack) November 25, 2022
What should a future CR Government entrench? How about:
1 Three Strikes
2 National Standards
3 Prisoner Voting Ban
4 New Treaty of Waitangi principles
5 Free Speech requirements for universities
6 Immigration Policy
7 Ban on unions from having fees paid through pay deductions— David Farrar (@dpfdpf) November 26, 2022
A story about binding future parliaments.
In the early to mid 1990s, then Education Minister Lockwood Smith was under pressure from conservative schools, who were important to National’s base, to preserve year-end external exams for the 5th, 6th and 7th forms (years 11-13). 1/x
— Matthew Hooton (@MatthewHootonNZ) November 27, 2022
Indeed, I get the feeling that this is so constitutionally dodgy, that if it passes, I will probably never vote for a party that has on its list an MP who voted for it. (I'll still take it into account if you voted for it, and it failed, but perhaps less absolutely)
— Graeme Edgeler (@GraemeEdgeler) November 25, 2022
I think if your question is how to protect your own preferences from the consequences of an election while also ensuring that your opponents can’t do the same then at some point you’ve got to realise that you’re not actually in favour of liberal democracy anymore. https://t.co/yVI9WqBtqo
— Liam Hehir (@PronouncedHare) November 27, 2022
It would probably be smart politically for Labour and Greens to proudly stand by their entrenchment SOP. Many of the public mistakenly think three waters is privatisation and a land grab. The SOP shows they’re actually protecting water assets from privatisation and sale.
— Jack McDonald (@tautokai) November 26, 2022
Muldoon in 1975 had a 63% majority. Imagine what he could have entrenched by a 60% majority if he had less principles than this Government?
— David Farrar (@dpfdpf) November 26, 2022
Hmmm maybe we do need more constitutional safeguards than relying on @drdeanknight getting through enough marking to be able to take some time to keep an eye on things and then alert the people to any shenanigans via Twitter.
— Liam Hehir (@PronouncedHare) November 26, 2022
I’m genuinely shocked there are loyalist Labour and Green voters supporting this entrenchment of policy. Because there is no way they would support it if National/Act was doing the same thing.
In which case you know it’s not right.
Also: do they realise BORA is not entrenched?— Shai Navot 🔝 (@ShaiNavot) November 27, 2022
I doubt we are going to have to live with the entrenchment provisions. It’s because of one amazing but true fact. This government is really, really responsive to the criticism of liberal commentators on Twitter.
— Liam Hehir (@PronouncedHare) November 26, 2022