Govt withdraws Public Service regulations [1]
Tuesday, July 27, 2004 - 11:09. Updated on Monday, May 5, 2014 - 16:10.
From the House, Minute No. 21, Tuesday, 20 July.
- Regulations relating to the Public Service Act.
- Public Servants may be penalised by Heads of Department for offences.
- The withdrawal of Extra-ordinary Gazette No. 19.
- $US1 million deposit on new ship.
- The ship has already been registered in Tonga.
- the Regulation to be withdrawn awaiting the return of the Minister of Marine to clarify why a change in the regulation in order to re-register the ship in Tonga.
Speaker ... reminded the House that starting on Thursday the House would introduce to its agenda a question time. He said that some written questions have been tabled and have been forwarded to the appropriate Ministers concerned, but questions may also be made orally.
He called on the clerk to read Bill No. 5, relating to the Pharmacy Section of the Ministry of Health.
Clerk ... made the first reading of the Bill and it was passed 15-0. The bill was also passed after its second reading 14-0 and in its third reading 15-0.
The Legislature resolved into the Whole House Committee and the Acting Chairman of the whole House Committee, Noble Tu'i'afitu took his chair and the debate continued with regulations relating to the Public Service Act.
Noble Vaha'i ... thought it was ambiguous for the words "wrong doing" to be just classified as serious and minor without specifically stating what was a major or a minor wrong doing.
'Etuate Lavulavu ... said that there would be a clash of interpretation if the regulation was enforced then the Head of Department would say that it did not apply to him because he had already signed a working contract. He said that it would have been most appropriate for a copy of the contract to be attached to the regulation.
Minister of Health... said that the working contract was between the heads of departments and the Ministry and it had no connection with the regulation that they were debating. He said that they will be lowering themselves if they moved down a rank from making laws to getting involved in internal ministerial matters.
Minister of Justice ... told the House that the working contract is a working contract between the Public Service Commission and the Heads of Departments.
'Etuate Lavulavu ... said that in order for government to minimise court cases it should be more specific on what they considered to be wrong doings, because at the moment it is left for the interpretation of the Heads of Departments. He suggested for government to adopt a point system.
'Isileli Pulu ... queried the legality of the Commission because when the bill was passed by the House it was said the Commission would have interim members for 12 months. He wanted to know who are the members of the commission now.
Deputy Prime Minister ... said that the interim members of the commission are still members, and the permanent members of the commission had yet to be appointed.
Minister of Justice ... pointed out that under the Public Service Act passed in 2002 there was no provision for an interim commission. He said that the Act stated that there should be a three-member commission, and the Prime Minister with the approval of the Cabinet appointed the three members, and one of these three members is the chair person.
'Isileli Pulu ... said that under the law they passed the tenure for commission members was for five years, but now their tenure was for two years. He wanted to know when they amended the act.
He also queried the logic for Heads of Departments to take oaths and pledge their allegiance to the King. He pointed that under clause 83 of the Constitution only the members of Parliament and members of the Privy Council should take such an oath.
Minister of Labour, Commerce and Industries ... said that the member misinterpreted the law. He pointed out that Clause 13 clearly stated the tenure to be up to five years, so it can be anything from a week to five years.
'Akilisi Pohiva ... queried the swearing in of the Heads of Departments when some of them have separated from their wives.
Minister of Justice ... did not think the concern of the member had anything to do with the civil service.
'Akilisi Pohiva ... pointed that the oath is for the HOD to fulfil his responsibilities to the King and the country, and not just between the civil servant and the commission. He said that the whole exercise of swearing in the HOD was a joke.
Minister of Justice ... wondered if the member could give him some names, so that maybe they can do something about it.
'Akilisi Pohiva ... the private secretary of the King is one.
Chairman ... called for the committee to have a break.
Noble Vaha'i ... asked for some clarification on what is considered to be a big and a small wrong doings of a public servant.
'Uliti Uata ... wanted to know if being late to work was considered a big or a small wrong doing. Can government suspend a civil servant for any of these offences.
Minister of Justice ... pointed out that the answer is in Clause 4, which said that for a small offence the HOD may scold the servant.Continued below.
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'Akilisi Pohiva ... moved for the regulation to be withdrawn, and for government to draft a new regulation to regulate the Heads of Departments.
Minister of Justice ... There is already an Act for that, the Government Act Clause 17 where the House authorised the Cabinet to regulate HODs.
Chairman ... pointed out that if a minister does something wrong he may be impeached, and for the rest of the public servants they are currently debating regulations to regulate them.
Minister of Health ... said that there is a Code of Conduct for the HOD of each ministry.
'Akilisi Pohiva ... wanted to know if there is a standard Code of Conduct for all government ministries, or each ministry has its own Code of Conduct.
Minister of Health ... replied that there is a standard Code of Conduct for all ministries.
Trevor Guttenbeil ... raised the point that the rest of the public servants will query why their regulation has been discussed by the House and it has been made public knowledge but the contract of the HODs is kept secret.
'Akilisi Pohiva ... proposed for government to present a regulation for the HODs to the House. He moved for Regulation No. 19 to be withdrawn awaiting the presentation to the House of a Regulation for the HODs.
Deputy Prime Minister ... withdrew the regulation to be submitted later.
Chairman ... said that proceeding would continue with the Extraordinary Gazette No. 25 of 11 September 2003. An amendment to the regulation for the Ship Registration Act 2003.
Deputy Prime Minister ... said that the new regulation will update the Tongan Shipping Act to be in line the laws of Europe, and by doing so will enable the ship that has been brought to replace the MV Fuakavenga to be registered in Tonga.
'Akilisi Pohiva ... said that Tonga had deposited $2 million on the ship, but if the ship was registered in Tonga did that mean that Tonga has to pay the balance.
Deputh Prime Minister ... corrected that government paid a deposit of $US1 million, then paid another million to the Pacific Forum Line. He said that the ship is leased by the Pacific Forum Line to bring cargo to the Pacific islands, including Tonga. The deal is that after eight years Tonga can buy the ship if they want to.
'Akilisi Pohiva ... asked why is it important for the ship to be registered in Tonga.
Deputy Prime Minister ... said that the ship has already been registered in Tonga because when it was flying the Cyprus flag it was required by New Zealand and Australia that the salaries of the crew be paid under an international regulation.
'Akilisi Pohiva ... asked who owns the ship?
Deputy Prime Minister ... said that we do not own the ship, but we have the right to buy it in eight years time.
Minister of Labour ... explained that the $1 million that we deposited with the German company that owns the ship gives us the option to buy the ship after eight years. If we decide not to buy the ship then our $1 million is refunded plus interest.
'Uliti Uata ... pointed out that the Minister of Marine (the Prime Minister) is not in the House to answer some very important questions, and the Deputy Prime Minister who is the Chairman of the Harbour Board Authority is pushing for the regulation to be passed but has not been able to give some good explanations. He moved for the Regulation to be postponed awaiting the return of the Minister of Marine.
Speaker ... closed the House for the day.