House passes Budget but PRs need more time to think about political reforms [1]
Monday, July 7, 2008 - 20:55. Updated on Tuesday, July 28, 2015 - 16:48.
From the House, an English translation summary from the Tongan vernacular, by Pesi Fonua.
Tonga Legislative Assembly, Minute No. 16, Evening sitting, Monday June 30, 2008.
Highlights:
- The 2008-09 Budget and all the related legislation was passed.
- A Bill for the Establishment of a Commission to Amend the Constitution, Electoral Act and Other Legislation, in order for a political reform to take place in 2010, was postponed.
- Concern over the legal status of the proposed Commission for Political Reform; an entity whose membership would be confirmed by the Privy Council, and it will have the authority to tell the House what to do, but it would be accountable to the Privy Council and the House.
- The main role of the Commission is to try and make sense out of the number of models of government that have been presented and to make a report with recommendations and proposed amendments to the Constitution and the Electoral Act.
- Noble Ma'afu did not like the membership composition of the Commission. He called for more time to look carefully at the proposed political reform. If they rushed it he would consider emigrating to Australia.
- People's Representative Clive Edwards expressed concern over the proposed number of elected members of the parliament. He realised that a reduced number of members of the House could result in a parliament dominated by Cabinet Ministers, and a powerless minority.
[There was no number of elected members mentioned in the Bill, but Clive's concern was an about turn from what some of the PRs have been demanding, even up to the afternoon of 16/11. What came next is a complete flip-flop in their positions.]
Clive Edwards said that the existing membership composition of the House was the best;
while 'Akilisi Pohiva said he wanted to speak but he did not want to, because he admitted he was actually in favour of the call for the debate on the Bill to set up a Commission for Political Reform to be postponed indefinitely, giving members more time to think about the Bill and the political reform.
- 'Akilisi complained that they (the PRs alleged to be behind 16/11) had not been invited to any government functions since 16/11. He said that with the coming Coronation celebrations he did not think they would be invited to any of the functions. He pleaded with the government to have sympathy with them because they "felt rejected".
- A string of petitions were passed without even being read in the House.
Minute no. 16, Evening sitting, Monday June 30, 2008.
Roll Call. The Clerk told the Speaker that members who did not answer their calls were "probably coming late".
The Speaker confirmed that the Tongan parliament was not a member of the Asia Pacific Parliamentary Federation, APPF.
The Deputy Prime Minister did not think it was proper for Tonga to attend their meeting if they were not members with no voting rights.
The Speaker called for votes on the invitation to the Australasia Pacific CPA's 29th Conference. It was carried 20-0. He nominated Noble Tu'ipelehake and Samiu Vaipulu to attend the conference.
The Legislature was dissolved into the Whole House Committee and Samiu Vaipulu took his chair.
Bill to Amend Income Tax Act
The Minister of Finance outlined the Bill to amend the Income Tax Act. He said Clause 6 dealt with the taxing of money coming into the country, but belonging to a person who lived overseas. Clause 7 dealt with the taxing of earning of foreign ships and airlines that come into Tonga. He also pointed out that pensions are tax-free.
People's Representative 'Akilisi Pohiva did not think they would be able to pass the Bill. There was too much to do but they did not have the time. He reckoned they needed two days.
Should have read it
The Chairman reminded the member that the Bill was distributed together with the budget and they should have already read the Bill, instead of the Minister having to explain to them the bill.
PR 'Uliti Uata said he found it very hard understanding the Bill. He did not think it was relevant to pass the Bill together with the budget. He could not understand why they were in such a hurry.
The Chairman and the Minister of Justice reminded 'Uliti that members had had the Bill for weeks and should have already studied the amendments.
PR Clive Edwards queried the tax on profit made from the selling of personal goods.
The Minister of Finance explained that the difference between the depreciated value of say, a vehicle, and the actual price that the vehicle was sold for would be taxed. The profit that was made from the sale would be regarded as personal income.
He reminded the House that the taxing of personal income of this nature was not new, but it was not enforced.
The Chairman called for votes and the Bill to amend the Income Tax Act was carried 20-6. Against were 'Akilisi, 'Isileli Pulu, 'Etuate Lavulvu, 'Uliti, Teisina Fuko and Sione.
2010 Political Reform Commission
The proceeding continued with a Bill for the Establishment of a Commission to Amend the Constitution, Electoral Act and other legislation in order for a political reform to take place in 2010.
PR Teisina Fuko said that the proposed commission would take away the authority of the House, and the commission would repeat work that had already been done. He said that the Commission should take over from where the Tripartite Committee of the House left off.
The Deputy Prime Minister Dr Viliami Tangi told Teisina where the Tripartite Committee had left off. He was a member of the committee and after they agreed and made their report for the House, when they returned the PR's member of the committee had got up and told the House that they did not support the report.
He said that the Commission would compile all the proposals and ideas on a political reform for Tonga and present it to the House. A working schedule for the Commission had been drafted "so that we will be ready for the election in 2010."
Don't rush the process
Noble Ma'afu said that the House needed more time to study the Bill properly. To amend the Constitution was a serious issue, and he was not happy with the composition of the Commission or its working schedule. He said that for the Commission to "hold at least one such meeting, in Tongatapu, Vava'u, Ha'apai, 'Eua and Niua" would be a waste of time. He pleaded with the Prime Minister and the Deputy Prime Minister to slow down "and let's have a good look at this proposal for political change." He said that if they insisted on rushing the process he would consider emigrating to Australia.
Clive queried why there was a need for new Act to form a Commission, when it could be done as a Royal Commission, because the final say on the membership of the Commission would be made by the Privy Council, exactly the same as a Royal Commission. He said that they were going to legalise to formation of a Commission to tell the House what to do.
He also did not like the clause giving the king the right to write a submission to the Commission. He believed that a submission from the King would be acted on by the commission.
Dr Viliami Tangi pointed to Clive that anyone could write a submission to the Commission.
House composition is fine now
Clive said that one thing they had not agreed on was the number of the elected members in the new parliament, he warned that a small elected parliament could mean that ministers would dominate parliament, with a minority of eight members left, and they would do as they please. He said that the composition of the membership of the House at the moment is fine.
Dr Viliami Tangi told Clive that there was nothing in the Bill about numbers of elected members in the House.
Noble Tu'ilakepa on the behalf of the nobles asked the PM and the Deputy PM to give members the time to study the Bill. He said that the nobles were weary about why they legalised the formation of this commission, but earlier Reform Committees such as the Tu'ipelehake Committee did not have a legal status.
Noble Luani wanted to know to whom would the Commission be accountable.
The Minister of Justice replied "to parliament and the Privy Council."
Noble Luani suggested for the Commission to be a commission of the House.
Postpone Bill indefinitely
'Akilisi said he wanted to speak, but he did not want to speak. He supported to suggestion for the debate on the 2010 Political Reform Commission Bill to be postponed indefinitely, to give them time to study the issue.
The Prime Minister supported the request to postpone the debate on the Bill for the formation of a commission for political reform.
After that there was no further discussion on the Bill for the Establishment of a 2010 Political Reform Commission and the House changed the subject to Petitions.
Petitions
The Chairman said that before they moved on and voted on the Budget, he said that there were 11 petitions that had been passed by the petition committee, and two or three had been passed by the Whole House Committee. He suggested that they pass them all and let the Minister of Finance and government to decide what to do with them.
He called for votes on all the petitions, including a string of petitions from Vava'u. It was carried 23-0.
PR 'Isileli Pulu moved for the legal adviser, who was also the research officer and the assistant clerk of the House to have a salary rise.
The Governor of Ha'apai told the House that the move by the member was out of order with the regulation of the House.
The Chairman of the Whole House Committee called for votes on Bill for the Appropriation Act 2008-2009. It was carried 23-0.
Coronation
Noble Luani proposed for the House to make an official announcement of their support for the coming coronation of King George Tupou V.
'Akilisi said that with regards to the Coronation, since 16/11 they felt rejected because they had never been invited to any government functions, and it seemed that they would not be invited to any of the coronation celebrations. He asked government to have sympathy, because they "felt rejected".
Budget passed
The Committee was dissolved into Legislature and the Speaker took his Chair. He called for the second reading and votes on the Bill for the Management of Revenue Collection Act 2008. It was carried 18-0.
The Bill had its third reading and it was carried 19-0.
The Speaker called for the second reading and votes on the Bill to Amend the Westpac Bank of Tonga 2008 Act. It was carried 19-1. Against was 'Uliti.
The Westpac Bill had its third reading and it was carried 19-3. Against were 'Uliti, 'Akilisi and 'Isileli.
The Speaker called for the Second Reading and votes on the Bill to Amend the Income Tax 2008 Act. It was carried 19-3. Against were 'Uliti, 'Akilisi and 'Isileli.
The Speaker called for votes on the 'string' of petitions that was passed by the Committee. It was carried 25-0.
He called for the second reading and votes on the Bill for the Appropriation Act 2008-2009. It was carried 21-0. Then on a third reading and votes, it was carried 22-0.
The House was closed until 9.30 a.m. the following day.