Labour MPs fire up as National's Nick Smith probes officials on 2020 cannabis, euthanasia referendums

Labour MPs fired up at an annual review of the Justice Ministry when National MP Nick Smith probed ministry officials about a unit in charge of monitoring information about next year's referendums.

Dr Smith, who chaired the Justice Select Committee on Thursday, asked the Secretary for Justice Andrew Kibblewhite about whether it's appropriate for the ministry to be managing the information campaigns, questioning whether it would be neutral. 

Kibblewhite told Dr Smith the information provided will be "neutral and fact-based in what we put together" and "we'll absolutely not be advocating a position one way or another".

"We will have some people in the ministry who are working on information that will be clear, that won't argue one side or the other, that will be a resource that can be used by the media, politicians, and anyone who wants to understand what is proposed."

National leader Simon Bridges described the ministry's unit earlier this week as "deeply insidious".

"Here's the thing I distrust: It's not so much either side arguing their case, I think they're allowed to do that, they're entitled to, they should do that," he told Magic Talk.

"It's [Justice Minister] Andrew Little in the middle having effectively a 'ministry of truth' where he decides and his officials decide which part of that they prefer, and say 'that's fake news but that bit we agree with'."

Labour MPs, including Ginny Anderson, Michael Wood and Clare Curran, insisted Dr Smith's question during the hearing was inappropriate because it wasn't about the ministry's performance so far which they argued is what the annual review is for. 

"The Government members are aware that this is an annual review, and as the chair, one would expect that you would know that and that we're meant to be looking backwards rather than forward," Curran told Dr Smith.

"This is not an estimates hearing - it's an annual review so therefore could we keep to the scope?"

Andrew Kibblewhite, Secretary for Justice, speaking to the Justice Committee.
Andrew Kibblewhite, Secretary for Justice, speaking to the Justice Committee. Photo credit: Newshub / Zane Small

Wood echoed Curran, telling Dr Smith: "The annual review is about the performance of the department over the last year in its current operations."

He pointed out that while legislation around legalising euthanasia passed its final reading and is ready to be voted on next year, the legislation around legalising recreational cannabis has not yet passed, "and by definition occurs in the future".

Dr Smith argued his question was about the ministry's current operations, referring to Justice Minister Andre Little's recent revelation about a specific unit being set up within the ministry to monitor information.

Ginny Anderson sought clarity from the Clerk, whose role is to provide services to MPs in their parliamentary roles.

The Clerk told the committee that the chairperson, Dr Smith in this case, "rules on relevancy" of the questions being asked.

"I'm the chair and the chair rules the terms are in scope - I am determining the issues," Dr Smith said, drawing laughter from Andersen.

What's happening with the unit?

The Justice Minister said this week the budget for the unit hasn't been set yet and Kibblewhite told the committee it will be "modest". Little said it's "subject to Cabinet decision".

"I think it's slightly overstated," Little told Newshub when asked about the unit. "There's a unit in charge of making sure that the information that the Government provides and the content of the legislation is accurate and neutral and factual."

Little said he expects the public will help in letting the ministry know when misinformation is being spread online through social media.

He also said the Government's obligations under the Treaty of Waitangi will be considered, and said the Government's had "quite extensive engagement with Maori in the last few months".

Rajesh Chhana, deputy secretary of policy at the Ministry of Justice, told Newshub the Electoral Commission will inform voters that the two referendums are happening, what the questions are and how to participate.

"It is proposed that the Ministry of Justice will prepare factual information materials to support voters in making an informed choice in each of the referendums," Chhana said.

"The proposed materials will include a dedicated website with information on each of the referendums and plain language information sheets, translated into multiple languages.

"In addition to the website, it is expected that a range of media and channels will be used to ensure the public have the opportunity to be well informed on each of the referendums."

Chhana said detailed planning for the information campaigns will commence once funding has been approved.