Enhancing Identity Verification and Border Processes Legislation Bill- Second Reading – Video 13

Enhancing Identity Verification and Border Processes Legislation Bill- Second Reading – Video 13

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thank you speaking mr. speaker Oh call Kelvin Davis Thank You mr. speaker and you know let’s just revisit the genesis of of the spill is that maybe we just sit down see it it’s the bill for very long name so Philip Trainor Smith sorry Philip John Trainor where’d all these aliases anyway he was released from prison – over the weekend he was going to be out of the prison for some 72 hours but then eight hours of his release from prison he was on a plane to Chile now I guess that plane flight would have taken some 12 13 or 14 hours he would landed in Chile he then caught another plane I assume and got to Brazil now his downfall I believe was his ego he couldn’t resist when he was in Brazil actually emailing back to New Zealand I think it was to his lawyer and his lawyer went to the media and people knew he was in Brazil now the fit had if he hadn’t have done that then there have been nobody in Brazil keeping an eye out and just so happened that some our fellow backpacker and some hostel somewhere whose attention would have been raised by the Student News story office New Zealand absconded to Brazil actually happened to see him via and eluded the thought the authorities now so if as ego hidden have got the best of him he could well be hiking the Inca Trail right now or on cocoa cabana enjoying a cocktail in the the sights of Brazil mistaken born as iris anything could have happened fortunately he was picked up and returned to New Zealand but we have to look at why he was able to do this in the first place you know I disagree with Jonathan Young who said that this is a case of identity fraud it was an identity fraud because he actually got a passport under his own name it was the name he hadn’t used since he was a child he has journey through the justice system was under an alias another name that he used so the the actual obtaining of a passport was actually done I believe legitimately under a name that he hadn’t used for some years now we’re the system let everyone down was that they didn’t there wasn’t this information sharing that we’ve been talking about there was an information sharing between the Department of Internal Affairs in Corrections there was an information sharing between Corrections and Customs there was an information sharing across a number of government agencies and that is one of the areas where the whole system broke down and allowed Philip Traynor whatever his name is Philip John Traynor to to abscond everything said there there and we just need to read a report from the New Zealand Herald that says the escape could have been thwarted even before it began of Corrections had simply checked with Smiths nominated sponsor that the prisoner was expected to stay with him overnight Corrections has a lot to answer for this whole episode the the sponsor in fact knew nothing of the release and what certainly have said have said so of us there were shortcomings and various agencies systems and processes as well as simple failings that acted as quite links in a chain unquote in the FA Lea to prevent Smith’s escape and that’s very true there are a number of systemic failures all lengths and a chain that if any one of them had been addressed or looked at previously then Philip Smith would not have actually been able to do what he did even when it became obvious that the guy had absconded corrections were pretty slow in doing what they needed to do they should have alerted Interpol a lot more quickly they didn’t the police weren’t alerted until the day after it was they realized that he wasn’t back in prison where he should have been so it was a systemic failure and those the spill is seeking to address some of those failures I do though take issue with our colleagues from the Green Party I don’t believe this is overreach for the very reasons that members have said I mean the crimes that follow up Smith committed ie child abuse sexual abuse child sexual abuse and the murder of his victim’s father are serious crimes and what he did was expose a loophole in the system and it’s only appropriate that Parliament moves to close that loophole so that other people can’t do what he did so they were poor they were poor chicks and balances from Corrections they were systemic breakdowns from a number of of government agencies all all of which lead to him heading off overseas the biometric information is PNE here Nadia said the biometric int collection of biometric information isn’t something in the future it’s happening right here and now biometric information includes the taking of photos well you know photographs have been around for one hundred and something years the taking of fingerprints now finger taking a fingerprint is one of the first to take the tools you know it was a great leap in 1800 s but it’s it’s not terribly innovative these days iris skin’s no you know okay that’s something different but I think I saw a movie about 15 years ago with somebody had the iris scan to get into some you know nuclear plant or whatever and and some moving the the what’s the difference between taking an iris scan and say adopter taking a mole map of you of your back – you know it’s it’s all just taking basically scans or photos it’s nothing actually particularly newer new or innovative the taking of measurements I zum height and palm prints maybe the you know there’s nothing really overreaching when we talk about the taking of biometric information I do agree with Madame Davidson those saying that’s just a new comment there Marty over over represented in the justice system I agree with it I don’t think though that taking biometric information from Maori is really that much of an issue it’s you know fingerprints and iris scans and and your height it’s nothing I don’t think there’s anything racist than that it is it applies to everybody equally so biometric data is in the here and now so in terms of some parts of this bill in accessing agency so an existing agency is an agency that takes the identity information the minister must be satisfied that the the information the biometric information has been taken for the purpose edits that it’s needed for in the purpose must relate to the role of that particular agency so we’re not here talking about wholesale gathering of elicit information on people it’s just common sense stuff to keep New Zealanders safe the information has to be exist there’s to be no more than as necessary to fulfill the the purpose that the agency needs it for there’s reasonable force may be used to compel somebody to give the information that that’s a bit vague reason what’s the definition of a reasonable force would like to think that in this instance that a reasonable force for the big burly tattooed bloke isn’t going to be very much greater than taken for a skinny weedy guy like my colleague Stewart Nash here meaning just something that we something that we need to be mindful of though if there is any information is collected from from somebody who in the future is acquitted of anything that they are accused of there are checks and balances to make sure that that information is as is destroyed so they can’t be used outside of the person haven’t been sorry the the information will be destroyed so if that person is totally innocent it can’t be used against them later on so just with that Mr Speaker I don’t think this is an overreach I think there’s this is plugging up a loophole that was created we should be probably grateful to Philip John Traynor Smith however many other names he goes under for for highlighting this and showing us that this you know that there was this loophole the loophole has been closed I think Corrections they need to take a notice that they you know they had some failings and the whole process Thank You mr. speaker members debate has concluded the question is that the amendments recommended by the law and order committee by a majority be agreed to those of that opinion will say aye to the contrary no they eyes have it the questioners that the motion be agreed to those of that opinion will stay I for the country know they the eyes have it early vote clock elastic lock to conduct a party vote using the National

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