Recommendation

The Education and Science Committee has examined the Education (Freedom of Association) Amendment Bill and recommends by majority that it be passed with the amendments shown.

Introduction

This bill would amend the Education Act 1989 by removing any requirement for a student to join a students’ association; preventing any person from exerting undue influence on a student to join or not join, or cease to be a member of, a students’ association; and preventing a person from being required to pay a membership fee to a students’ association unless that person chose to become or remain a member of that association. Its aim is to uphold the right of students to freedom of association.

This commentary covers the major amendments that we recommend.

Voluntary membership

We recommend that clause 6 be amended to substitute new sections 229A to 229CA for sections 229A to 229C of the principal Act; and that clause 7 be deleted. Clause 6 of the bill as introduced would replace section 229 of the Act, and clause 7 would repeal sections 229A to 229D. We agree with the submission by the New Zealand Law Society that the repeal of section 229 of the Act is unnecessary. We consider that the drafting of new section 229 is complex, and the wording of particular sub-clauses has the potential to create confusion as to their meaning and application. We consider that to minimise any uncertainty, and to ensure that the policy objectives of new section 229 are achieved, it is preferable for each of these policy objectives to be dealt with separately in sections 229A to 229CA.

New section 229A provides that no student or prospective student at an institution is required to be a member of a students’ association.

Miscellaneous and consequential amendments

New Zealand Labour Party minority view

The Labour Party opposes the Education (Freedom of Association) Amendment Bill on the grounds that it will destroy the representation, advocacy and services that tertiary students receive from student associations, and as a result will undermine the educational success and campus experience of many students.

Students Associations play a critical role in the success of students in tertiary institutions. We heard from many submitters about the important part that student associations have played in supporting students through their studies, in terms of direct welfare and pastoral support; advocacy with tertiary institutions, Government departments and other agencies, such as insurance companies; and the provision of sporting, cultural, entertainment, media and other services. These services are generally provided in a very cost-effective way, and are run by students for students.

Over the years student associations have been behind the creation and development of some of the major initiatives that have supported students such as Student Job Search, University Games, student newspapers and radio, student health and counselling services, hardship funds, subsidised bus transport, gym and recreation facilities, clubs and societies facilities, bookshops and much more.

We were told by tertiary institutions that student association’s representative function is valued by them as an effective way of engaging with students. Minority groupings of students, including Maori and International students groups expressed to the Committee the valuable support they and their members receive from student associations.

The bill will effectively destroy student associations. They will struggle to attract and retain members, particularly at the time of enrolment when students are paying out a large amount in tuition fees. They will need to devote significant resources, time and attention to attracting members, which will come at the cost of the actual representation, advocacy, support and services they are trying to provide. The Committee heard that a survey conducted in Australia following the introduction of Voluntary Student Unionism there showed that 72 percent of associations had total or near total cuts to services, campaigns and student support programmes.

Student Associations will also have to put in place mechanisms for dealing with “freeloading” students who use services but are not members. Moreover there is no ability under the law to charge a representation fee, so if student associations achieve success in terms of representation it will automatically be received by non-members.

It is unrealistic to expect tertiary institutions that are already facing cuts to funding and restrained budgets to be able to redirect spending to student services. They will be forced to choose between only providing a fraction of the services that associations provide, or charging higher student service levies. These levies may in fact be more than student association fees because they will have to pay for what is now voluntary labour that is provided by students through the student association. Therefore the effect of the bill may well be that students will end up paying more for services.

Labour believes the premise of the bill is in fact incorrect. Student Association membership is not compulsory. Student Associations are democratic organisations which ensure that services are provided for students, by students. The law provides for conscientious objection to membership. It is highly regrettable that the National and ACT members of the Committee did not take the opportunity to improve aspects of the operation of the law such as the process for promoting objection to membership.

The bill in fact reduces the choice that students have. Under the current law whether a student association has universal or voluntary membership is up to students themselves. If 10 percent of students sign a petition a referendum has to be held on the nature of membership. Such a referendum has resulted in the University of Auckland having a voluntary student association, but others, such as the University of Otago choosing to stay with universal membership. It also prevents, as happened at Waikato University, an association after choosing to go voluntary to return to universal membership.

Labour members believe that this bill is an ideological exercise to target student associations because of their role in campaigns on issues that have affected students such as tertiary fees and student allowances and loans. It is also premised on isolated examples of improper behaviour in student associations to brand them as unaccountable. The reality is that student associations are incorporated societies which are required to produce accounts, and it is indeed through this process that occasional irregularities have come to light.

A number of useful suggestions were made during the submission process to improve accountability and transparency of student associations, which would have had widespread, and therefore enduring, support. It is unfortunate that these were not taken up by the Government members. Sadly this bill as it stands ignores pragmatic changes. It will spell the end of the activities of student associations which have been the life-blood of campuses for well over 100 years in many cases. It will reduce the quality of student experience, leave some students vulnerable and change control of student affairs from students to institutions.

For all of these reasons, Labour believes this bill should not proceed. Labour also takes this opportunity to note that should this bill become law, on a return to Government it would be our intention to move to repeal it.

Green Party minority view

The Green Party member can see no justification for this legislation and agrees with the majority of submitters that the likely outcomes will be damaging for the tertiary education sector.

With very minimal student or institutional demand, the bill appears an ideological solution in search of a problem. We believe an underlying objective of the bill is to weaken Students’ Associations and undermine their membership and financial viability, and, in doing so, reduce student democracy, student participation, and students’ voice on University and Polytechnic boards.

The bill would take away students’ rights to choose the membership system best for them. It would take away the compromise agreement reached in 2001, which allowed students to choose whether they wanted to be voluntary or universal via a petition and a referendum.

The bill aims to uphold a debatable interpretation of the right to freedom of association, by ensuring that no student is compelled to join an association. The majority of Student Associations operate under a compulsory membership model where any student can—though a tiny fraction actually do—choose to opt out of their Student Association membership. If there is a problem to be fixed, then it is simply to make it clearer to students that they can opt out of existing associations under the existing legislation. The Green Party member notes the Human Rights Commission considers that students’ freedom to not associate is protected sufficiently under the current Act.

The overwhelming majority of submissions have been opposed to the bill and have cited considerable expected negative impacts on associations’ ability to effectively deliver services, advocacy and representation—services which tertiary providers will not be able to provide with current budgetary constraints—as the major reasons to support the status quo. We agree with submitters’ concerns that the impact on Student Associations membership and funding levels will be likely catastrophic and this will have long-term implications for the future of our universities, and indeed of our democracy.