House amends Sunday laws [1]
Monday, October 4, 2004 - 16:30. Updated on Thursday, May 8, 2014 - 13:43.
From the House, Minute No. 48, Wednesday 22 September 2004.
Speaker - dissolved the Legislature into the Whole House Committee and the Acting Chairman Noble Tu'i'afitu took his Chair. He called for debate to continue with the Bill to amend Clause 6 of the Order in Public Places Act (regarding working on Sunday).
'Uliti Uata - said that some of the things that had been said in support of the proposed amendment, differed from what was written in the Bill. He said that the two additional "essential services" which were added on to the list of "essential services" under Clause 6 were the Airports and Ports. He was sure that they would break the Sunday law once they allowed aircraft to land at the airport on Sunday and ships to berth on Sunday.
Deputy Prime Minister - said that the amendment would enable aircraft to land in Tonga in the case of an emergency.
'Uliti Uata - said that emergency landing had already been outlined in the existing act.
Deputy Prime Minister - said that Clause 6 was incomplete, but it was important to complete Clause 6 by adding on these two services inorder for the Tongan economy to operate 24 hours.
Fineasi Funaki - interpreted the amendment for the service to stand-by 24 hours in case of an emergency.
Noble Fakatulolo - asked if these services would stand-by 24 hours and government would pay, what the country was going to get out of it.
Deputy Prime Minister - said it would be just like the other services on standby.
Minister of Education - said that following the Cyclone in 1982, baking of bread on Sunday was allowed for two years. He said that since then the baking and the selling of bread on Sunday has been allowed.
Dr Feleti Sevele - said that there was a court decision in 1972 by Justice Robert, allowing the baking and the selling of bread on Sundays.
Fineasi Funaki - said it was still an offence to buy and sell on Jehovah's sacred day.
Deputy Prime Minister - said that it was very important for these services to be on stand-by, so that in the case of an emergency the staff could be found. He said that it was even more important at this point of time, particularly with our involvement in Iraq and the USA war on terror.
Noble Tu'ivakano - warned that someone could be impeached if he told the house that the Bill was for something else, and then it applied differently once it is passed.
Deputy Prime Minister and Acting Prime Minister - said that the member should have faith. He said he believed that the amendment would not tarnish the sacredness of Sunday in Tonga. He said that under Clause 6 of the Constitution it was illegal to work for profit on Sundays.
'Uliti Uata - proposed for the Bill to be withdrawn, giving them time to have dialogue with church leaders and the public about the proposal for airports and ports to be opened for service on Sundays.
Noble Nuku - said that the Bill was incomplete and ambiguous. He said that because he was not sure about the usefulness of such a Bill he was not in favour of it.
Noble Vaha'i - said that the House should pass the Bill. He said don't worry about tomorrow, think about today, the Lord is right beside you, he will guide you on your way.
Chairman - called for votes on the motion to withdraw the Bill. The withdrawal was opposed 12-8. For the withdrawal were 'Akilisi Pohiva, 'Etuate Lavulavu, 'Uliti Uata, Sunia Fili, Peauafi Haukinima, Minister of Education, Noble Fotofili and Noble Nuku.
'Akilisi Pohiva - told the House about the value of Sunday. He said it was a time for family to get together, and the place just comes to a stand still. He said that God wanted human beings to rest on Sunday. He said that there was a lot of doubt and uncertainties about the law and therefore from experience such laws never succeeded in achieving what it was intended for. He moved for the Bill to be withdrawn.
Peauafi Haukinima - said that he had spoken to leaders of the Free Wesleyan Church of Tonga and he was told that the stance of the church that they do not support any amendment to the Sunday Law.
Deputy Prime Minister - told the House that the Bill has been approved by the Privy Council. He said that what they were seeking was to allow the public service to work, but not to allow commercial trading.
'Akilisi Pohiva - said that if that was the case then that was what they would tell people, that there would be no commercial air service and no cruise ships would arrive in Tonga on Sundays, only emergency service.
Noble Fakatulolo - pointed out that the emergency landing of aircraft and ships in Tonga on Sundays was only in the principal Act.
Chairman - called for vote on the Bill and it was carried 10-9. Against: were 'Akilisi Pohiva, Trevor Guttenbeil, 'Etuate Lavulavu, 'Uliti Uata, Sunia Fili, 'Peauafi Haukinima, Noble Fotofili, Noble Fakatulolo, and Noble Nuku.
Abstained: Fineasi Funaki.