By Emma Joliff
Hone Harawira's attempt to pledge allegiance to the Treaty of Waitangi has renewed debate over whether it's time to update the Parliamentary oath.
The Mana Party leader was kicked out of Parliament yesterday, but that's not the end of the matter.
Harawira says he was swearing his allegiance, first, to the Treaty of Waitangi, then the people of Te Tai Tokerau, the, Maori people generally and those in society who've been marginalised.
“The formal affirmation was the last part of the statement but I never got a chance to say it,” he says.
When Harawira's cloak fell off as he entered Parliament, it was Green MP Kevin Hague who picked it up. Three years ago he too began by swearing allegiance to the Treaty of Waitangi, but was stopped short.
“I had to use the precise words that were on the piece of paper in front of me, which I did, having made my point,” he says.
He says an oath needs to reflect the values of the speakers and Harawira should have been given a second chance. But constitutional lawyer Mai Chen says the law is clear.
“You can't have Parliament that makes the law breaking the law, that is not the example we expect our members of parliament to set,” says Mrs Chen.
So is it time for a new oath?
The current oath was written 54 years ago and requires MPs to say;
“I swear that I will be faithful and bear true allegiance to her majesty, Queen Elizabeth II, her heirs and successors, according to law, so help me god”.
In 2005 Labour introduced a bill to modernise the oaths, but that was thrown out by National last year.
Mai Chen says the oath is just a statute in law and, as such can be changed but only by MPs who've sworn allegiance to the Queen first.
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