PRs challenge the need for King's consent in setting import duty [1]
Tuesday, June 19, 2007 - 17:45. Updated on Sunday, June 15, 2014 - 20:34.
From the House, an English translation summary from the Tongan vernacular, by Pesi Fonua. Tonga Legislative Assembly, Minute No. 4, June 12, 2007, (continued).
- A Bill for an Act to Manage the Customs Duty and Excise Duty passed its second and third readings.
- 'Akilisi Pohiva suggested that government should find a way for decision making to end at the Cabinet, and that there was no need to be checked by the Privy Council.
- The Prime Minister asked the member not to dwell in the past and in his own imagination. He emphasised that everything that goes to Privy Council is agreed to by Cabinet and whatever the king wanted done is given to Cabinet to look into it.
Tuesday June 12 (continued):
THE Chairman of the Whole House Committee, Noble Tu'ilakepa announced for the committee to debate on the Bill for a Customs Duty Act. There were 26 Clauses in the Bill and they would start with Clause 3.
'Isileli Pulu wanted to alter the wording of Clause 3 sub-clause 1 which read that the Commissioner of Revenue with the consent of the King in Privy Council may introduce, terminate, suspend, reduce or increase duty on import goods. He did not think it was necessary for the king to get involved, he felt that approval by the Commissioner, Cabinet and the Privy Council was enough, and there was no need for the king to get involved.
He expressed his concern over the involvement of the king in decision-making. He said that before 2002, that Cabinet had the authority to appoint members of the Power Board, but since then the King appointed members of the Board, and he said that the diesel that is used by Shoreline is duty free.
Minister of Justice pointed out to the member that the authority remained with the Minister of Finance, but the king in council has the checking authority.
'Isileli Pulu further stressed the point that the reason why the king should not get involved in the setting of custom duty rate was that in the current year's Budget Statement it was stated that equipment for the making of Royal Beer is duty free.
The Minister of Justice again reminded the member that the king in Privy Council was to check the decision made by the Minister of Finance, and it is required by the Constitution. She also said that members of the Privy Council vote on any decision made by the PC.
'Isileli said that Clive Edwards said that the Privy Council doesn't vote on all its decisions.
The Minister of Justice said that that was when Clive was a member of the Privy Council, but not now.
Clive Edwards pointed out that in the Constitution it referred to an approval by the Privy Council but not by the king. He proposed to the Minister of Justice that they should abide by the wording of the Constitution.
The Minister said that Clive was right that on Clause 19(b) of the Constitution it referred only to the Privy Council, but in other clauses of the Constitution they referred to the king in the Privy Council. She did not think there was any difference because there will be no Privy Council without the king.
'Akilisi Pohiva suggested that government should find a way for decision making to end at the Cabinet, and that there was no need to be checked by the Privy Council. He wanted to know why Royal Beer doesn't pay duty.
The Prime Minister reminded the member that products, which are imported for manufacturing are duty free, and it applied to Royal Beer, as well as other companies that produce hard liquor and also to the cigarette manufacturer. He said that government is fair to everyone.
'Akilisi insisted that the reason why Royal Beer was exempt from paying duty was because of the involvement of the Crown Prince (now the king).
The Prime Minister stressed that there is no favouritism in government, things are done according to the law. He expressed his concern because of the member's inclining to defame people but he failed to establish facts and provide details.
Noble Tu'iha'angaha said that the member should try and find out how much of the country's foreign reserve had been saved by Royal Beer by producing local beer, thus cutting down on imports.
The Minister for Labour, Commerce and Industries, told the House that they should protect the privacy of this private company, and to give him a chance to bring some information about Royal Beer on Thursday.
'Uliti Uata also asked the Minister to also bring the Gazette, which exempt Royal Beer from paying duty.
The Minister of Justice brought the debate back to the issue of the wording whether it is King in Council or just the Privy Council. She said that the existing law was passed in 1984 and they were just following what was already written.
'Akilisi repeated his suggestion for the decision making process to end with the Prime Minister and Cabinet.
The Prime Minister said he could not understand the problem that in the working procedure of government that the member was talking about, because Cabinet approved everything that is tabled to Privy Council.
'Akilisi said there is no problem with what is going up to Privy Council, but there is a problem with what is coming down from Privy Council to Cabinet.
The Prime Minister asked the member to come back and deal with the issue of today, and not to dwell in the past and in his own imagination. He emphasised that everything that goes to Privy Council is agreed to by Cabinet and whatever the king wanted done is given to Cabinet to look into it.
The Committee was dissolved into Legislature and the Bill for an Act to manage the Customs Duty and Excise Duty was given its second and third reading, and it was carried 22-0, and 23-0.
The Speaker announced the House closed until 2pm Thursday.