Tonga will tender its domestic air service for other operators if the monopoly air service of Peau Vava'u does not improve within 30 days, the Prime Minister told parliament on September 27, responding to criticism over the failure of Tonga's one airline policy.

From the House, a translation summary by Pesi Fonua.

Tonga Legislative Assembly, Minute No. 32, Tuesday September 27, 2005.
 

- Failure of the One Airline Policy of government for the domestic air service.

- Government has given Peau Vava'u 30 days to shape up or they will open up the domestic service for tender.

- Concern over the move for the Minister of Finance to have more say in the running of the Reserve Bank.

- Members also expressed their concern over why there were two royals in the Board of Governors of the Reserve Bank.

- Concern over a conflict of interests by the Minister of Finance who was in charge of the country's Fiscal Policy and now, also the Monetary Policy.

- Concern over the fact that the House was in recess for more than two weeks so that members could read up their annual reports but when the House reconvened members were complaining that they had not received any reports.

- Debate started on the Esta-code of the Public servants.

- Discipline of Ministers, Secretaries and Directors if they have illegitimate children.

- Doctors under their medical ethics, can't have sex with their patients even if they agreed to.

- Public servants can't release information to public and can't get involved in politics.

THE Speaker, Hon. Veikune, said that there was one more Bill to be read, an amendment to the National Reserve Bank Act. He reminded members that the House had approved for three Bills to be tabled into the Law Committee, an Anti Terrorism Bill, Illegal use of an aircraft, and Money Laundering.

He said that there were also Privy Council's Ordinances and Regulations.

No air services

'Eua People's Representative, Sunia Fili, expressed his concern over the failure of the government's One Airline Policy for the domestic air service. He reminded the House that there were still no flights to the Niuas and to 'Eua.

The Prime Minister, Prince 'Ulukalala Lavaka Ata, told the House that government has no aircraft, excepting for one small aircraft of the Tonga Defence Service that was used for surveillance work and for emergency evacuation. He reminded the House that the People's Representatives killed Royal Tongan Airlines.

A Tongatapu People's Representative, 'Isileli Pulu reminded the PM that the member's query was concerning the failure of the government's one airline policy, and had nothing to do with RTA.

A Vava'u Preople's Representative, Samiu Vaipulu, on a different issue thanked the Minister of Labour, Hon. Dr Fred Sevele, for reinstating the Development Licence, he said that a Development Licence was essential for the development of the country.

With regards to the domestic air service he said that he was told that the policy was under review. He said that the tourist industry was badly affected to the point it was hard to promote tourism overseas. He wondered if the Prime Minister could give any indication of what would happen to the air service because tourism activities in Vava'u such as whale watching and diving were seasonal.

The Prime Minister said that the one airline that was operating the domestic air service had been given 60 days to improve its service, if there was no improvement in 60 days they would tender the service for other operators to bid. [He later corrected himself saying they had been given only 30 days].

Extradition of criminals

The Speaker called on the clerk to give the first reading of a Gazette Supplement No. 5 2004, and an Ordinance for the extraditing of criminals.

After its first reading it carried 18-0, second reading, it was carried 20-0. It was also carried after its third reading 19-0.

The Clerk read the Gazette Supplement No. 6 2004, an Ordinance on the management of fisheries, which was passed on April 10, 2004. After its first reading it was carried 15-0. After its second reading Samiu Vaipulu requested for the Gazette to be lowered to committee for debate.

The Speaker dissolved the Legislature into committee and Noble Tu'iha'angana took his chair.

Reserve Bank Act

Chairman called for debate to start with Bill No. 115, a bill to amend the National Reserve Bank Act.

The Acting Minister of Finance said that basically the amendment was to shift the authority from the Privy Council to the Minister of Finance so that decision can be made more promptly, and to further confirm that there was no interference by government in the Reserve Bank.

People's Representative, 'Isileli Pulu, expressed his concern over what was stipulated by Clause 4 (f) for the Reserve Bank to advise the Minister of Finance, but the proposed amendment was the opposite, for the Minister to advise the Reserve Bank.

'Isileli also read out a statement that was made by the Minister of Finance in the House, saying that the Reserve Bank can lend to Government, something which he said was not acceptable overseas. He said that government should borrow from commercial banks.

'Isileli also expressed his concern over the composition of the board of the Reserve Bank which is chaired by the Prime Minister and included his sister, Princess Pilolevu. He insisted that the Reserve Bank and the Treasury should be independent from each other.

The Acting Minister of Finance, 'Aisake Eke, pointed out that in the same minute that was read out by the member, the minister also said that once some of these legislations were in place he then considered his position in the board.

'Isileli said that the Acting Minister must remember that when the Bill was passed the Minister would resign from the board. The question then, who is the minister who would take his place?

'Isileli also pointed out that the amendment was to shift the power from the Privy Council to the Minister of Finance, what would then happen if he resigned?

The Deputy Prime Minister, Hon. Cecil Cocker, said that it had been stated by the Minister of Finance he would resign once some of these relevant legislations were in place. He reminded the House that the mechanisms to steer the economy of a country were: on the left, Fiscal Policy, which is under the control of the Treasury, and on the right, the Monetary policy, which is managed by the National Reserve Bank.

People's Representative, Sunia Fili, expressed his concern that the Minister of Finance has the authority decide on the Fiscal Policy, and the Bill they were debating would give him the overall authority to make decision on the Monetary Policy. He wondered what would happen to Tonga?

People's Representative, Samiu Vaipulu questioned why things had deviated from the spirit that the National Reserve Bank Act was passed in 1989. He said that in 1989 it was decided to keep the Minister away from the Reserve Bank to maintain the separation between the Fiscal Policy and the Monetary Policy. He said that in 2005 the attitude toward the involvement of the Minister of Finance in the affairs of the Reserve Bank had changed. He suggested that they go back to 1989 and remain with the Principal Act as it was then.

Privy Council too slow

The Prime Minister said that the need to amend the legislation was in order for the operation of the Reserve Bank to speed up and be in time with how fast financial matters were these days. He said that to wait for weekly meetings of the Privy Council to make a decision was far too slow. He said it took three days for a decision to be made by the Privy Council and back to the Board.

Samiu Vaipulu wanted to know if the Reserve Bank was dealing in the Stock Market.

The Prime Minister said, yes.

He said that with government investments and the sales of bonds, at times decisions needed to be made immediately. For the Privy Council to pass recommendations from the Reserve Bank before they can take action was a very slow process.

He reminded the House that the world was traveling at an extremely fast speed because of the Internet and e-mail, and our laws, which were still in the speed of the last century must be amended to be up with the times.

Samiu Vaiplulu insisted that final decision on Reserve Bank matters should remain with the Privy Council and not to be given to the Minister of Finance.

'Isileli Pulu said that by giving the Minister of Finance the authority would put him under heavy pressure because he would say yes to whatever is suggested to him by the Board. The board members are the Prime Minister, Princess Pilolevu, Richard Prema, the Minster of Finance and the Governor of the Reserve Bank. He questioned why the Royal children were on the Board.

The Deputy PM, said that the Reserve Bank was the heart of the economy and they should be part of it.

Samiu Vaipulu moved for the Bill to be withdrawn for further adjustment. He said that the Reserve Bank was supposed to be there to advise the Minister, but not the other way around. Samiu's motion was seconded.

The Minister of Labour supported Samiu's motion for the bill to be returned to Cabinet for further adjustment.

The Minister of Justice, Hon. Siaosi Aho, said that if the Bill was withdrawn because of this one specific clause, he suggested that they should proceed with the rest.

Samiu suggested that if there were other concerns they would write and inform the Minister of Justice.

The Chairman said that the House would not vote on the Bill, they would just withdraw it for government to make further adjustments.

The Whole House Committee was dissolved into Legislature and the Speaker took his Chair.

Annual reports missing

The Speaker said they had 35 minutes before lunch, so they should work on one of the Annual Reports, the Police and Prisons.

Noble Tu'ilakepa said that he had not seen one annual report.

The Speaker replied that the House has been closed for more than two weeks to allow members to read their annual reports.

The Minister of Forestry said he had two annual reports, of the Ministry of Works and of the Port Authority, and he suggested that they should start with either of those two.

Sunia Fili said that according to their agenda, the annual report of the Ministry of Fisheries should be next.

The Speaker said they would start with the Police. He dissolved the Legislature and the Chairman of the Committee took his chair.

The Deputy Prime Minister wanted to know if the Annual Reports had been distributed.

A Ha'apai People's Representative, 'Uliti Uata, said they had not received any annual reports, and he had not seen the annual report of the Ministry of Police.

The Chairman said the annual reports were piled up some where near where he was sitting, and it would be distributed immediately.

The Minister of Justice said that the reason why the annual reports were distributed to be read, and they could read and debated at the same time.

Police report

The Chairman called for debate to start with the Annual Report of the Ministry of Police.

The Minister of Police said he had not got any reports, and he suggested that they might as well pass the Annual Report of the Ministry of Police.

The Speaker said that according to the Chief Clerk of the House the annual reports were distributed to their offices.

The Minister of Labour moved for the House to be postponed until the next day, giving members time to read the reports.

Samiu said that if they started with the Ministry of Police, the former police minister, Clive Edwards should be in the House because the new minister only started at the beginning of the year.

The chairman dissolved the Committee into Legislature and the Speaker took his chair.

The Speaker said that the House was like the Israelites in the bible, they complained all the time. When it was time to work they complained, and when they were told to go on recess, they still complained, so let's have a break until 2pm.

Ordinances read

At 2 pm the Speaker said proceedings would start with ordinances. He called on the clerk to start reading. He also reminded the Minister of Justice that there would be a Law Committee meeting at 4pm.

The Minister of Justice said he could not attend because he had an appointment at 4pm.

The Speaker said it was fine, there was still going to be a Law Committee meeting at 4pm, and he hoped that the Minister of Health would be back by then to chair the meeting.

The Clerk started reading - Gazette No. 9 of 2004, an amendment to Clause 19 of the Public Servants Act 2002, dealing with the desired character of public servants as set out by the Public Service Commission.

It was passed in its first reading. After its second reading Samiu moved for it to be tabled into committee for debate.

The clerk read Gazette No. 10, 2004, relating to the liquidating of RTA. It was passed after its first reading, but after its second reading a Vava'u People's Representative, Vili Helu moved for it to be tabled into committee.

The Clerk read Gazette No. 12 of 2004, dealing the management of fisheries. After its second reading Samiu moved for it to be lowered into committee.

Gazette No. 14, about the Post Office was read. After its second reading Sunia Fili moved for it to go to committee.

Gazette No. 15, with regards to transportation was read. After its second reading Sunia Fili called for it to go to Committee.

Gazette No. 16, regarding the pension of the Tonga Defence Services was read. It was read three times and was passed unanimously by the House to become law.

Gazette No. 16 was read again but this time relating to newspaper licensing. It was read three times and passed unanimously by the House.

Gazette No. 17 with regards to the issuing of licences was read. After its second reading Fineasi Funaki moved for it to be tabled into committee.

Gazette No. 18. A decision approved by Cabinet on October 1 2003 for a new rate on port fees. After its first and second reading 'Uliti Uata moved for it to be tabled into Committee.

Gazette No. 19. An amendment to the Port Authority Act 1998. After its first and second readings Fineasi Funaki moved for it to be tabled into committee.

Gazette No. 20. An amendment to the Fishery Management Act 2002, restricting certain areas only for Tongan registered fishing boats. It was read and was passed by the House three times.

The Minister of Health had just arrived in the House, and the Speaker reminded him that he was to chair the Law Committee at 4pm to look at the Bills on Terrorism, Airlines and Money Laundering.

The Prime Minister wanted to make a correction. He said that in the morning he said that the domestic air operator was given 60 days to improve the service or it would be tendered for other operators to bid. He said he reduced the days to only 30 days.

The Legislature was dissolved into committee and the Chairman of the committee took his chair.

The Chairman called for debate to start with Gazette No. 9, dealing with the public servant's Esta code.

Samiu Vaipulu said that he had just received his copy of he Gazette, and wanted to know if the Public Service Commission PSC was still in operation.

The Minister of Justice said that it was, but then Samiu complained about how they had not been provided with copies of principal acts and regulations, which they needed in order to have a constructive debate. He said he had been asking for a Volume 1 law book ever since he entered the House but to date he had none.

The Minister of Justice, told the member that he noticed he had four copies of Volume 1 stacked up on his shelf in front of him.

Noble Veikune moved for the House to go on a 15-minute recess while some of the needed documents were being photocopied.

Behaviour and ethics

When the committee reconvened, Clive Edwards queried the meaning of Clause 2 which read -"Not bring the Public Service into disrepute through their private activities".

The Minister of Justice asked Clive to please interpret the clause since he chaired the committee that drafted the Estacode.

Clive replied that the reason why he queried because he could not understand.

Samiu moved for the clause to be rejected because it appeared that the power of the PSC would be extended to the kitchen and the bedrooms of the public servants.

The Minister of Justice disagreed and said that a public servant has a special status in the community and that status and respect should be maintained. Samiu argued that the private life of a public servant had nothing to do with the PSC.

'Isileli Pulu said that his interpretation of the Tongan word used, "tokangaekina", was simply to be taken note of.

The Niuas people's Representative, Lepolo Taunisia, wanted to know if an offence was committed by a minister, director or secretary what kind of penalty the PSC would enforce.

The Minister of Justice said that if a director or secretary would have an illegitimate child, under the old legislation he would have to resign from his post. He said that the PSC would decide. He said that the old legislation was drafted with the purpose he had just explained in mind, but they had done away with that and he did not think that the new clause was intended to stop public servants from having illegitimate children.

No sex with patients

The Minister of Health agreed with 'Isileli Pulu's interpretation. He said that the regulation was nothing like the ten commandments, but was the manner and a kind of behaviour that is expected from a public servant. He gave an example of the doctors' medical ethics. He said that it was an oath that was taken by doctors throughout the world, and it was a normal discipline among doctors that they could not have sex with their patient whether they agreed or disagreed to it, and if they do then they had to be dismissed from their jobs.

He supported the clause and it should remain as a warning to public servants.

Politics at work

On a different issue 'Isileli Pulu commented on Clause G which warned public servants from releasing information to the public and not to get involve in politics unless it was approved by their Heads of Departments.

The Minister of Justice said that the restriction was on ministerial information relevant only to the specific ministry. He said that the same applied to politics, meaning a political stance taken by the Ministry.

'Isileli Pulu that the political involvement stated was too broad and it would interfere with the right of the public servants.

The Prime Minister's interpretation was that if two heads of departments discussed politics in their homes that was fine, but if they discussed politics at work then that was not right. He said that if government wanted to appoint more Ministers they would appoint elected members who supported the government and not those who belonged to the left or to the right.

The Prime Minister said that government was only following what was recommended by democratic countries.