An apology is a start, not a fix: the disability bill must be redrafted with the same care its subject deserves
The Minister for Social Development and Minister for Disability Issues, Louise Upston, has apologised to the disabled community after a select committee found her draft bill on support services was not clear enough. That the Minister has said so plainly, without excuse, is to her credit. It does not settle the matter.
What is at stake here is not a drafting nicety. Disabled New Zealanders and their families rely on this legislation to know, in practical terms, what support they can expect and on what basis. Where the law is vague, the burden of interpreting it falls on case managers and on the very people the system exists to serve, and it is they who carry the cost of that vagueness in delayed decisions, inconsistent rulings and appeals. A bill that leaves such ground unclear does not merely inconvenience; it unsettles lives already organised around uncertain footing.
It should be said, fairly, that legislation touching eligibility and entitlement is genuinely difficult to write well. Language precise enough to bind officials must also be broad enough to cover the range of need it will meet, and the two aims pull against each other. The select committee process exists for exactly this reason, to catch such a problem before it becomes law rather than after, and on this occasion it appears to have done its work. That is a point in favour of the system, whatever it says about the bill.
But an apology, however sincerely offered, is not a remedy. The Minister now faces a choice between two familiar temptations: to patch the wording lightly and press on to meet a timetable, or to take the time the committee's finding suggests is needed and risk the bill's passage slipping. This newspaper has no view on which suits the parliamentary calendar. It has a firm view on which suits disabled New Zealanders, and it is the second.
- Withdraw the disputed clauses and return them to committee rather than pressing ahead on the existing timetable.
- Consult disabled people's organisations directly on the redraft, not merely officials, before the bill returns to the House.
- Report to Parliament in plain terms what has changed and why, once the redraft is complete.