Heather Roy's Diary - Gone For A Burton

Yesterday saw Justice Minister Mark Burton oversee the defeat of a minority Labour Government attempt to reduce victims' rights to appear before Parole Boards when the criminals who offended against them come up for parole.

In an unusual turn of events, MMP swung into action in Parliament yesterday afternoon to allow victims to retain their current rights.

The Criminal Justice Reform Bill is wide ranging piece of legislation that includes the establishment of a Sentencing Council, some amendments to the Sentencing Act, introduces a new non-custodial sentence of Home Detention and changes to the Parole Act.

While taking issue with some of these measures, the ACT Party was most strongly opposed to the removal of victims' rights to appear before the Parole Board - which would see them effectively silenced.

The new law would have seen the automatic right to appear replaced with "the victim may be invited to appear". Adding insult to injury, invited victims would then be confined to discussing "the risks to the community" posed by the criminal's release and "ways of managing the risk".

This was clearly outrageous and, with some assistance from my former ACT colleague Stephen Franks, I proposed a series of amendments to the Bill to have the 'invitation' clauses removed during the Committee Stage - hence, retaining the status quo.

Committee Stages in Parliament - the part-by-part analysis of a Bill - are usually uneventful. Parties have the opportunity to have their say on details of a new law; while there are sometimes amendments to clauses, these usually go in the Government's favour. Not so yesterday, when the Criminal Justice Reform Bill was 'in committee' in the House. I introduced my amendments and gave a speech to support these, explaining why victims' rights should be upheld.

What followed was a 30-minute flurry of activity: New Zealand First MP Ron Mark, who has always been consistent in these matters, decided my amendments were worthy of support; Labour, dependent on New Zealand First votes, weren't happy and thus commenced heavy lobbying of Mr Mark - who found himself suddenly surrounded by a gaggle of Labour MPs.

To pass the time while the matter was decided, several other Labour MPs were called upon to make speeches vigorously opposing my amendments. However, following discussion with Mr Burton, Mr Mark seemed to have convinced Labour that my amendments were sensible after all.

The Minister was faced with either suffering an embarrassing public defeat or swallowing his pride and supporting my amendments. Despite all the Labour MPs who had spoken against my amendments, Mr Burton chose the latter - effectively cutting his colleagues off at the knees - and, when it came to the vote, I had the support of the entire House.

While subsequent speeches postulated a victory for MMP, the real victory was for the victims of crime. Many victims, and victims' rights groups, made submissions to the Select Committee hearing the Bill - but, with no mention of victim submissions made in the Committee's report, it would appear that victims' voices were largely ignored.

The Committee - made up of Labour, National and Green MPs - was more worried about the rights of the criminals and confidentiality of evidence than about any rights the victims should have. The intent of the Bill was to shut victims out of Parole Board hearings.

Lest We Forget While this week saw Parliament formally acknowledge Cpl Willy Apiata's receipt of the Victoria Cross (www.act.org.nz/cpl_bill_henry_apiata_vc_nzsas) it also marked the anniversary of two other VCs awarded to New Zealanders during World War II. Both recipients were presented with their VCs on July 15 1942.

Charles Hazlitt Upham, 20th Battalion, 2NZEF: Capt Upham was only the third person to ever receive the VC twice, the only person to receive two VCs during WWII (the first being awarded for valour in Crete), and the only combat soldier to receive the award twice.

Capt Upham received a Bar to his VC for his actions on July 14-15 1942: when leading his company attacking an enemy-held ridge overlooking the El Alamein battlefield, he was wounded twice but took the objective after fierce fighting. He destroyed a German tank, several guns and vehicles with grenades. A machine-gun bullet shattered his arm, but he continued to a forward position to retrieve some of his men who had become isolated.

After his wounds were dressed, he returned to his men, but was again severely wounded and unable to move. He was eventually overrun by the superior weight of enemy forces and taken prisoner.

Keith Elliot, 22nd Battalion, 2NZEF: Sgt Elliott was 26 when he earned his Victoria Cross on July 15 1942 at Ruweisat in Egypt. While leading his platoon in an attack under heavy machine-gun and mortar fire, Sgt Elliott, was wounded in the chest but continued to lead his men in a bayonet charge that resulted in the capture of four enemy machine-gun posts and an anti-tank gun.

Seven of the enemy were killed and 50 taken prisoner. In spite of his wounds Sgt Elliott refused to leave his platoon until he had reformed it and handed over the prisoners - the number of which had by then increased to 130.

ENDS

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