David Farrar: Swarbrick was evicted for refusing to apologise, not for the comment

There has been some poor reporting on the eviction of Chloe Swarbrick from the House. She was not kicked out for saying that Government MPs had no spine. She was kicked out because the Speaker told her she had to withdraw and apologise for saying it, and she refused. It was her decision. Most days MPs get asked by the Speaker to withdraw and apologise for something the Speaker rules is in breach of Standing Orders.

It’s like a rugby game. You may think the referee has made the wrong call. But if you decide that you can ignore the referee and refuse to do what the referee says, then you get booted.

The Hansard shows what happened:

If we find six of 68 Government MPs with a spine, we can stand on the right side of history—

SPEAKER: That is completely unacceptable to make that statement. Withdraw it and apologise.

CHLÖE SWARBRICK: No.

SPEAKER: Then leave the House for the rest of the week.

Chlöe Swarbrick withdrew from the Chamber.

It is clear as day. It was her decision to refuse the instruction of the Speaker that got her kicked out. It was her decision. All MPs know what happens ifs you refuse to withdraw a statement when ordered to do so.

How long it lasts for is up to Swarbrick, as the Speaker made clear:

I’m resuming the Chair to respond to a point of order that was raised earlier by Ricardo Menéndez March related to the decision I made earlier in the day to ask Chlöe Swarbrick to leave the House. The comment that I made was that it could be for the rest of the week. That was because, while it is true the member can only be removed from the House for the sitting day, the requirement for an apology does not lapse. And so if the member comes back in tomorrow and, at the start of proceedings after the prayer, takes a point of order and withdraws and apologises for the offensive remark, then that will be fine. If she doesn’t, then she’ll be leaving the House again.

So the decision is with Swarbrick.

David Farrar runs Curia Market Research, a specialist opinion polling and research agency, and the popular Kiwiblog where this article was sourced. He previously worked in the Parliament for eight years, serving two National Party Prime Ministers and three Opposition Leaders