From the House, an English translation summary from the Tongan vernacular, by Pesi Fonua. Tonga Legislative Assembly, Minute No. 3, June 11, 2007.

- Budget due to be tabled this week.

- A motion for a resolution on Contempt of Parliamentary proceeding was passed.

- PRs queried the logic of the wait before the contempt charge is tabled into the House, because the court proceedings of cases relating to 16/11 would take years, maybe until 2010.

- The Minister of Health thanked the House for passing the Health Promotion Foundation Act.

- Clive Edwards spoke on behalf of the PRs table that they supported the Bill for Dual Citizenship.

- Children who are born in Tonga to a Tongan mother or father may become a Tongan citizen

- The passing of the Bill for Tongans to have Dual Citizenship.

Monday June 11:

'AKILISI Pohiva queried why a Budget Statement had not been presented to the House, to inform the House on the direction of this year's Budget.

The Minister of Finance apologised for the delay and said that it would be tabled into the House on Wednesday. He reminded the House that their office was damaged during the riot, and their photocopying machine and files were damaged.

The Speaker called on the clerk to read a letter from the chairperson of the House's Standing Law Committee.

The Clerk also read a letter of Motions for a Resolution, which had also been looked at by the Law Committee.

Resolution to defer Contempt of the House proceedings relating to November 2006 (Contempt of the House):

The House notes that its proceedings were disrupted on more than one occasion when Parliament last met in November 2006, and notes that such disruption may be considered as a Contempt of the House under the Constitution, and resolves to defer consideration or any motion on whether Parliament's privileges were violated by any person, including any Member, until relevant judicial proceedings that may also touch on similar facts and events, have been completed.

'Uliti Uata called for the Bills and the Motion to be forwarded to the Whole House Committee for debate.

The Clerk also made the first reading of a Bill to Amend the Tonga Citizen Act. 2007.

The Bill for a Health Promotion Foundation Act had its second reading and it was carried 28-1. Against was Clive Edwards.

The Bill for the Health Promotion Foundation Act had its third reading and it was carried 27-0.

The Minister of Health thanked the House for passing the Health Promotion Foundation Act. He said that AusAID was waiting to fund Community Place Activities and other health programs, and they were waiting for the House to pass the Bill.

The Legislature dissolved into committee and the Chairman of the Whole House Committee, Noble Tu'ilakepa took his chair.

The Minister of Justice elaborated on her Motion for a Resolution. She said that the purpose of the Motion had been clearly stated in the headline of the motion - resolution to defer Contempt of the House proceedings relating to November 2006 (Contempt of the House).

Clive Edwards queried the logic of the wait before the contempt charge is tabled into the House, because the court proceedings of cases relating to 16/11 would take years, maybe until 2010.

'Osai Latu, wanted to know if Clive as a member of the Law Committee had raised his concern at the Committee meeting.

Clive responded that he was not at the meeting, but even if he was he still would query the motion. He moved for the motion to be withdrawn.

The Minister of Justice stressed the importance of the motion to protect the credibility of the House. There was a Contempt of Parliament during November last year but the House could not deal with it now because a court hearing was in progress.

Samiu Vaipulu made a point that it is unconstitutional for a person to be tried twice, so he reasoned that if the House proceeded with the Contempt of Parliament against certain PRs, and if at the end they found these PRs innocent then the court would have no alternative but to dismiss their cases.

The Minister of Tourism disagreed with the comment by Clive that he knew that the court hearing of 16/11 cases would be proceeding for years.

Many court cases

Clive responded that the Minister's claim that he was not telling the truth was not a correction. He said that he had a diary in his office with the dates for these cases. He pointed out that so far only 50 cases had been decided on to go to the Supreme Court, meanwhile about 700 to 800 cases had yet to be heard at the Police Magistrate's Court.

With regard to the point that to proceed with the Contempt of Parliament may be unconstitutional because PRs may end up being tried twice, he said that there were two different charges. The PRs were charged with three sedition charges each, while the case to be dealt with by the House was a Contempt of Parliamentary Proceeding.

'Akilisi Pohiva suggested that if the Minister of Justice wanted to proceed with her motion, then bring it in so that they could start debating on it.

The Minister of Justice further elaborated the intention of her Motion, which was to remind the House that there were disruptions to its proceedings during November 2006. It was a Contempt of Parliamentary Proceeding. The motion is for the House to defer its deliberation over the Contempt of Parliamentary Proceeding until the court cases, which involved PRs were completed.

'Akillisi said that it appeared that they had been blamed for contempt of parliamentary proceeding. He said that if that was the case then the Minister should propose to the Speaker for the House to deal with the motion.

Clive queried the intention of the motion. He said that the PRs felt that they had been blamed. He said that the point is they had not been charged with any offence, but meanwhile there was this motion for the House to defer dealing with a case that had not been served. "They are pointing at us," he said.

The Chairman said that the motion did not give any names, it was just referring to all members of Parliament.

Noble Luani said that it appeared that some of the PRs were admitting that they were the PRs that the motion was referring to, and if that was the case then the House should make a decision on the legality of these PRs to be in the House.

The Minister for Tourism emphasised the fact that no PR was named in the motion, despite the claim by the PRs that the motion was aimed at them. He reminded members that parliament is where the law of the land is made and they were in the House for the welfare of the country, but not for their own selfish interests.

Disruption

'Akilisi Pohiva pointed out that in the English version of the Motion the word "disruption" was used and they had already been charged with disruption. He said that the minister was causing trouble when he used the word selfish. He said that all the PRs supported his view.

The Minister of Tourism told the member not to use threatening language because that is the way of the devil.

'Akilisi said that he was not selfish and he was speaking on the behalf of the people who elected him, and that he was not threatening.

Lepolo Taunisila asked the Minister of Justice if there was going to be any problem if the motion was withdrawn until all the court cases are deal with, by then it could be 2011 and she would be in America.

The Minister of Justice stressed that it is important for members to protect the integrity of the House and to make definite decisions instead of just floating.

Samiu Vaipulu called for the Minister to withdraw the motion because the House can use its Rules and Regulations to protect its integrity.

The Governor of Ha'apai expressed an opinion that the House had got to a situation that it appeared to the public that there is no love in the House. He proposed for the motion to be withdrawn.

The Minister of Tourism said that the Tongan Parliament had got to a situation where members no longer could keep their words. "We say one thing then do another. The saying that we should have faith on each other, has been said about 99 times already in the House. We ask for forgiveness today then forget all about it tomorrow," he said.

'Akilisi said that the minister's speech was disrespectful to the people who elected the PRs into the House and he should stop.

The Minister told the member to stop wasting time, and that he was arrogant and disrespectful.

The Chairman said, "Malie Lahi, Malie Minister" [Bravo]. He said that they should vote.

Motion passed

Clive moved for the Minister of Justice to withdraw her motion because the law that is already in place was adequate to deal with their concern.

Minister of Justice stressed the importance for the House to pass a definite decision on the issue.

The Chairman called for vote on motion by the Vava'u No. 1 PR, Samiu Vaipulu, seconded by 'Akilisi Pohiva, for the Minister of Justice to withdraw her motion for a resolution to defer Contempt of the House proceedings relating to November 2006 (Contempt of the House).

It was rejected 15-10. For it were 'Akilisi, 'Isileli Pulu, Clive Edwards, Samiu Vaipulu, Fili Kaufusi Helu, 'Uliti Uata, 'Osai Latu, Sunia Fili, Lepolo Tanisila and Noble Lasike.

The Chairman called for a vote on the Motion by the Minister of Justice.

It was carried 16-10. Those who voted against were the same members as those for the first motion by Samiu and 'Akilisi (above).

Dual Citizenship

The Minister of Justice called for the committee to proceed with the Bill allowing Tongan citizens to have dual citizenship.

Clive spoke on behalf of the PRs table that they supported the Bill.

The Minister of Justice thanked them for the overwhelming support then requested for a correction of Clause 4 of the Bill, which is Clause 2 of the Principal Act that children who are born in Tonga to a Tongan mother or father may become a Tongan citizen, but not just anyone who is born in Tonga may become a Tongan citizen.

Clive expressed his disappointment with the last minute change. He favoured the idea that children born in Tonga for Tongan and Foreign parents could become Tongan citizens.

The Chairman called for vote on the Dual Citizen Bill and its amendment. It was carried 28 votes, with no objection.

Clive queried if the amendment of Clause 4 in the Chairman's called for votes.

The Chairman called for vote again on the amendment of Clause 4 (a).

It was carried 24-2. Against were Clive Edwards and 'Isileli Pulu.