From the House, Minute No. 20, Monday 19 July 2004

- The House approved to pay the medical bill of the Chairman of the Whole House Committee (Prince Tu'ipelehake) who was taken to Mercy Ascot hospital in Auckland for an emergency heart operation.

- The House approved for Heads of Ministries to scold public servants who misbehave.

- The authority to suspend a public servant was transferred from the Cabinet to the Public Service Commission in 2002.

The House resumed after it broke up on June 29.

Speaker called on the clerk for the first reading of Gazette No. 19 of 1 August 2003. A regulation on penalties against public servants, 2003.

It was passed with votes of 14-0.

After its second reading it was passed down to be debated in the Whole House Committee.

Clerk first reading of Ordinance No. 21 of 19 August 2003. Regulations for companies.

It was passed 16-0.

It was passed in its second reading 15-0, and its third reading 15-0.

First reading of Gazette No. 25 of 11 September 2003, an amendment to the regulation on ship registration. It was passed 16-0.

'Etuate Lavulavu– requested for the regulation to be passed down to the Whole House Committee for debate.

Clerk the first reading of Gazette No. 27 of 24 October 2003, the Civil Aviation Bill 1990.

Minister of Justice said that regulations No. 4 and 5 for Civil Aviation have been already been passed by the House but they were presented to the House as a matter of formality.

Speaker called for the first reading of Gazette No. 4 of 7 March 2003. The Tonga Defence Service Act 1992, an amendment to the regulation, relating to the pension of public servants.

It was passed 16-0.

'Akilisi Pohiva requested for the regulation to be passed down to the Whole House Committee for debate.

First reading of Gazette No. 29 of Tuesday 16 December 2003. The regulation for the Newspaper Act 2003.

It was passed 15-0.

'Akilisi Pohiva requested for the Regulation to be passed down for the Whole House Committee for debate.

Minister of Health told the House that amendment to Bills No. 1 to 6 for the Ministry of Health were only for spelling errors and there were no amendments to the contents of these bills.

After the first and the second reading of the Ministry of Health Bills No. 1 to 5 they were passed.

Bill No. 6, to amend the Tobacco Act 2004 was requested by 'Etuate Lavulavu to be passed down to the Whole House Committee for debate.

The Chairman of the Whole House Committee Noble Tu'i'afitu took his chair.

'Etuate Lavulavu said that there were irregularities with the regulation for the Administration of the Public Service Act.

Minister of Justice Pointed out that the Tongan translation for regulations, rules and order was the same, Tu'utu'uni.

'Etuate Lavulavu - Disagreed with the approach taken by government to correct public servants who have done something wrong. The first step is to tell him off, then to suspend his wages, then to move him to another Ministry. He said that these approaches were dictatorial and old fashioned.

Minister of Justice said that what the member had raised were penalties, and that these penalties are given after a fair hearing.

'Akilisi Pohiva expressed his concern that the heads of departments under this act are too powerful and are left unchecked, and the Head of Departments are overseen by the Ministers, but then who oversees the ministers.

Minister of Justice reminded the member of Clause 75 of the Constitution which makes it possible for ministers to be impeached.

'Akilisi Pohiva said that under the current structure of the Tongan Parliament Clause 75 is useless and no one had ever been impeached.

Minister of Justice said that the reason why no one had ever been impeached was because there had not been a genuine case for impeachment.

'Akilisi Pohiva said that there had been five failed impeachment attempts. He said that laws can not be enforced by government, and an example was the defamation of the former Chief Justice by the Media. He said that people were waiting for the Minister to come forward and do something about it, but he did not.

Minister of Justice disagreed with the member and said that work have been done and there were cases awaiting trial in court.

When the House resumed after lunch the Speaker called on the clerk to read a letter from the Minister of Health dated July 15 for the House to pay the bill for the medical treatment of the chairman of the Whole House Committee, Prince Tu'ipelehake who was in New Zealand at the Mercy Ascot Hospital.

Speaker called for votes, for the House to meet the medical expenses of the Chairman of the Whole House Committee. It was passed 20-0.

'Akilisi Pohiva proposed for the deletion of the word telling-off of a public servant who had done some thing wrong. He proposed for tafulu'i to be replaced with lea'i or fale'i.

Noble Vaha'i agreed with the member, he said that it was very bad manners for a head of department to tell off a lower ranked public servant in front of others. He said that in the professional world such behaviour is taboo.

'Akilisi Pohiva told the House six senior civil servants had left a ministry because of being scolded by the head of the ministry, and a seventh person left last week because of being scolded.

Chairman called for vote on the motion to replace tafulu'i with akonaki'i and fakatokanga. It was rejected 11-8. For it were 'Akilisi {Pohiva, 'Isileli Pulu, Trevor Guttenbeil, 'Etuate Lavulavu, Sunia Fili, Peauafi Haukinima, Noble Tu'ivakano, and Noble Vaha'i.

Noble Vaha'i wanted to know who has the authority to suspend a public servant from the service, the Cabinet or the Public Service Commission?

Minister of Justice said that since the passing of the Public Service Act 2002 the authority had been transferred from the Cabinet to the Public Service Commission.