Where two or three are gathered together… the new way to govern

The United States Congress is starting to panic about how it will now pass laws. Congressional rules require everyone to vote in person. 

Two congressmen have already come down with Covid-19 and their colleagues are now understandably nervous of meeting but can’t change the rules to allow proxy votes or to vote remotely without turning up to vote in person on those changes (unless no-one objects). Whoops!

The New Zealand Parliament has beaten them to the punch by anticipating the need for new methods. It has both changed rules and also empowered further changes being made remotely. 

In New Zealand MPs have long been able to be absent during voting. MPs can vote on behalf of each other and (since MMP), on behalf of their entire party. 

But until now most MPs (75%) have had to be present at Parliament (even if not in the chamber) for their party’s full number to be counted. 

A new rule (if it needs to be activated) will allow those proxy limits to drop or even disappear so that Parliament can continue while MPs are scattered across the country. 

Parliaments used to be given names “The Long Parliament” (NZ, WW1), “The Bare Bones Parliament” (UK, 1600s); what name might this one deserve... The scattered Parliament? The Quarantined Parliament? The Virtual Parliament? The Empty Parliament? The Sickbed Parliament? All suggestions welcome. 

If necessary the ‘virtual Parliament’ rule would be activated by the Business Committee, a powerful cross-party group that makes determinations based on ‘near-unanimity’, which in practice means Labour and National would need to agree.

In extremis that could allow funds to be granted, budgets to be passed, laws to get made and even questions to be asked with just two or three MPs present. The rest could be following from home.

That extreme example is the minimum possible. The rules still demand that Parliament can’t sit without at least both a speaker and a minister being present in the chamber. 

There is no requirement for the opposition to be represented to prevent a boycott from blockading governance.

And that rule is only part of it.

The other changes made this week include a number that would be considered revolutionary in normal times: 

• The Business Committee is allowed to meet and vote virtually (e.g. video conferencing).
• The Speaker can allow all the other Select Committees to meet virtually as well. He has immediately used this power so that MPs can spread out more in the committee rooms (because some will be online).
• The Speaker and his Deputy can now delegate their significant outside-the-chamber powers to the assistant speakers (in case they both get sick). The assistants already have power inside the chamber.
• The greater allowance of e-documents and e-signatures (for things like motions and oral questions) so MPs can interact with Parliament remotely.

And here are a few other indefinite changes that didn’t need new rules:

• No more in-person testifying to Select Committees - all oral evidence to be given remotely (video or phone). 
• No more public entry into the debating chamber galleries.
• No more public tours of Parliament.

The Speaker did point out this week that the inability to watch Parliament from the galleries doesn't stop the public from following the action. Anyone can still watch on Parliament TV (freeview), or online via the parliament website, or watch or listen via the Virtual Parliament apps or can just listen on the radio (old-school AM or via the RNZ app). They're probably how many MPs will be watching as well.