From the House, by Pesi Fonua

The sudden withdrawal by Cabinet Ministers of two Bills that were top of agenda of the House when it opened on 15 August has aroused concern over the law making process of government.

The two Bills, the Fisheries Management (Amendment) Bill 2016 and the Public Service (Amendment) Bill 2016, were regarded as being very urgent.

They both had their first reading in Legislature on Monday, 15 August and were both voted on 20-0 to be lowered into the Whole House Committee for debate.

Fisheries Management Bill

The first to be debated was the Fisheries Management Bill 2016. The Minister of Agriculture, Food, Forests and Fisheries, Hon. Semisi Fakahau told the Whole House Committee that the primary intention of the Bill is to allow a fishing vessel fully owned by a non-Tongan subject, but chartered by a Tongan subject, “to be licensed as a locally based foreign fishing vessel in Tonga.”

He stressed that the principal Act does not allow such vessels to be issued with a fishing license in Tonga, and that the 5% of Tonga’s fishing industry that are engaged in deep-sea fishing were those who would like the Act to be amended so that they could charter more fishing boats, and enable them to increase exports and "to sell more fish locally," and possibly reduce the retail price of fish.

He said that the remaining 95% of the people who are engaged in commercial fishing are capable only of fishing within the 12-miles zone and on reefs.

He also told the Whole House Committee that most deep-sea fishing boats will download their catches in Nuku’alofa, while others will download only some of their catches.

Public Service Act

After the lunch-break on Monday, 15 August, the Minister of Justice, Hon. Vuna Fa’otusia asked the Speaker if he could take back his Bill to amend the Public Service Act 2002.

The Speaker reminded the Minister of Justice that there is a regulation that guides the procedure of the House, and a Bill could not be introduced and withdrawn just like that.

The Deputy Speaker suggested for the Bill to be transferred to the Standing Law Committee.

The Speaker also agreed for the Bill to be transferred to the Standing Law Committee, and despite an attempt by Lord Vaea to discuss the Bill, the Legislature was dissolved into Whole House Committee and the Chairman called for the debate to return to the Fisheries Management Bill.

On Tuesday, 16 August Lord Vaea again raised his concern over how the Bill to amend the Civil Service Act was removed from the Whole House Committee.

At first, the Chairman said he was not responsible for it because the decision was made in Legislature.

When Lord Vaea raised it again after lunch in Legislature, the Prime Minister queried what was wrong with withdrawing the Bill if Cabinet wanted to make some corrections.

The Speaker pointed out that the government could withdraw the Bill before it had its first reading, but after its first reading then it should be allowed to go through the process of law making.

The Minister of Justice insisted that whatever the House decided to do “we will end up with the Bill being withdrawn. What is wrong with speeding things up?”

Lord Vaea reminded the Minister that there is a process. He gave an example of a criminal case that has been reported to the Police. “The Police just can’t turn around and cancel the case."

The PM moved for the Bill to be lowered to the Whole House Committee and it was accepted.

In the Whole House Committee, the Minister of Agriculture, Food, Forestry and Fisheries, Hon. Semisi Fakahau, reported that he had a meeting with people in the fishing industry, and they requested for the Fisheries Management Bill to be withdrawn for further discussion.

The Chairman called for votes on the Fisheries Management Bill to be transferred to the Standing Law Committee; it was carried 14-0.

The Minister of Justice, Hon. Vuna Fa’otusia also moved for the Civil Service (Amended) Bill 2016 to be withdrawn and it was withdrawn.