From the House, Minute No. 57. Thursday 7 October 2004

- A Private Member's Bill to amend the Civil Service Act 2004 presented by Fineasi Funaki was rejected.

- A Private Member's Bill to amend Clause 33 of the Constitution presented by 'Isileli Pulu. Only Nobles were allowed to debate and to vote on the Bill. It was rejected.

- A Private Member's Bill to curb the Crown Prince's involvement in business 2004 presented by 'Akilisi Pohiva. The Speaker said that only Nobles could debate and vote on this Bill. It was rejected. No one voted.

- TONGASAT has not paid its dues to government since 2001.

- Government did not guarantee the Shoreline loan from the Bank of China.

Speaker - called on the Clerk to read a letter from the Hon. Siaosi Taimani 'Aho, the Acting Chairman of the Law Committee.

Clerk - the letter stated that the Bill to amend the Legislative Assembly Act 2004 and the Bill for an Act to establish a Pension Scheme for the Legislative Assembly 2004 had been scrutinised by the committee and it was recommending for the House to pass those two Bills.

The committee also studied a number of Private Members' Bills:

1. Security Officers Bills 2004, by 'Etuate Lavulavu.

2. A Bill to amend the Constitution 2004, by 'Isileli Pulu.

3. A Bill to amend the Civil Service Act 2004, by Fineasi Funaki

4. A Bill for an Act on the Crown Prince's Privileges 2004, by 'Akilisi Pohiva. (The committee did not support the Bill because it was against natural justice, and an Act should not be just for one individual but for the society as a whole.)

Speaker - called for the first reading of the Bill to Amend the Legislative Assembly Act 2004. He called for votes and It was carried 8-7. After its second reading, Dr Feleti Sevele moved for the Bill to be tabled into the Whole House Committee for debate.

Clerk - read the Bill for an Act to establish a Pension Scheme for the Legislative Assembly 2004. It was carried 11-6. The Minister of Education moved for the Bill to be tabled into the Committee.

The clerk gave the first reading of a Private Member's Bill, for a Security Officers Act 2004. It was carried 15-0. After its second reading the Minister of Education moved for the Bill to be tabled into Committee.

The clerk gave the first reading of a Private Member's Bill to amend the Civil Service Act 2004. It was rejected 10-8.

The clerk gave the first reading of a Private Member's Bill to amend clause 67 of the Constitution.

The Bill was tabled by 'Isileli Pulu.

'Isileli Pulu - told the House that in accordance with Clause 67 only the Noble's Representatives and Cabinet Ministers could debate and vote on his Bill, but he felt it was important for him to present the Bill to amend sub clause 1 of Clause 33 of the Constitution. He wanted to delete the last sentence, which read, "and the offender shall be regarded as dead".

He pointed out that a member of the Royal Families who married without the consent of the King, the king would cancel the right of such a person and his heirs to succeed to the Crown of Tonga, and the next person his succession to him who so marries shall be declared the heir and the offender shall be regarded as dead. He said that these last few words paint a negative picture of Tonga in some people's minds.

speaker - called for votes, and reminded the House that only the Noble's Representatives and Cabinet Minister could vote. He called for votes but no one voted. It was rejected by the House.

He called on 'Akilisi Pohiva to summarise his Private Member's Bill for an Act on The Crown Prince's Privileges Act 2004.

'Akilisi Pohiva - said that he presented a motion to the House in 1993 on the same issue, the Crown Prince was present and even though it was rejected by the House but it was fiercely debated by the House. He said it was very important for Tonga to protect the respectability and the image of the Crown Prince.

He said that it was possible for the Crown Prince to use his privileges as Crown Prince for his commercial profit, which in turn would bring him into fierce business competition with other local business people, and therefore would lower his standing in the community. He said that it was also possible for others who did not respect the Crown Prince to use his name for their own personal gain.

He recalled that Masao Paasi tabled a Private Member's Bill in 1996 to amend Clause 67, Noble Privileges. He said that even though it directly affected the Nobles but the House debated on it. He pleaded for the House to debate his Bill. He said that the issue was a matter of public interest and since the Crown Prince received a salary from public funds it was with the interest of the public that the House should debate his Bill. He said that his sincere motive in tabling the Bill was his love for the Crown Prince and the importance for the House to protect the reputation of the Crown Prince.

Speaker - reminded the Member that under Clause 67 only Noble's Representatives and Cabinet Ministers could debate and vote on matters relating to the King and a member of the Royal Family, and the Crown Prince was the son of the King. He called for votes. No one voted and the Bill was rejected.

The Speaker dissolved the Legislature and the Chairman of the Whole House Committee, Prince Tu'ipelehake took his seat. He called for the proceeding to continue with the Annual Report of the Ministry of Justice.

'Akilisi Pohiva - He wondered if Crown Law correctly advised the Prime Minister and the Department of Communication on the process of issuing newspaper licences. He told of how difficult it was for a newspaper to be given a licence because of demand for work testimonial for a person who was the former General Manager of the Tonga Broadcasting Commission, and a president of the Pacific Islands News Association and yet it was relatively easy for Salesi Kauvaka and 'Etuate Lavulavu to get a newspaper licence.

Chairman - reminded the member that the Crown Law only gave advice, and that was all that they could do.

'Akilisi Pohiva - He queried if the Attorney General had done his work properly. He said that there was an issue of a Palace Office letter headed with a letter to a Russian Mafia Boss. He said that the letter was stamped with the Palace Office's stamp guaranteeing the payment of US$550,000 for helicopters. He said that this matter was raised in court and then it was just dropped. He was sure that the King was never informed, something he said should have been done to get rid of people who misused their position in government.

'Etuate Lavulavu - said that the member was very concerned with justice, and yet he reported a lie that the king had $350 million in a secret bank account. He wondered what kind of justice the member was talking about.

'Akilisi Pohiva - said that he wrote twice to the Palace Office for confirmation, but there was no reply and so he went ahead and published the information.

Minister of Justice - pointed out to the member that a fair judgement by the court is a different thing from public servant who was doing his work faithfully.

After lunch it was question time.

'Isileli Pulu - said that in June 2002 Civil Aviation signed an agreement with MBF Bank for MBF to collect Airport Tax for free but at the end of every month it would deposit $80,000 into a government account. Any shortfall would be deposited into a Civil Aviation account without any interest. This amount would be deposited into the government account annually. He said that under this arrangement, government and Civil Aviation were losing while MBF was making money. He asked the acting Minister of Finance if anything had been done about this working agreement with MBF.

Acting Minister of Finance - said that there was some misunderstanding on what has been raised by the member but for the meantime about $30,000 was deposited with government every quarter in addition to the monthly deposit of $80,000. She said that they would review the agreement in December.

'Isileli Pulu - asked the acting Minister of Finance again about what had been done with TONGASAT since they had not paid 50% of their gross profit to government, as it was agreed to since 2001. He reminded the Minister that Princess Pilolevu had another company, Pacific Asia Global Holding in Hong Kong and he said that there was a possibility that some of TONGASAT's gross profit would go to Hong Kong and the left over would be divided between TONGASAT and the Tongan government.

Acting Minister of Finance - said that TONGASAT had not made any payment since 2001. She said that a fire also broke out and burnt some of the records and the records for the past two years were missing. She said that they had met and she was hopeful that something would be paid to government before the end of the year. With regard to the Princess's business in Hong Kong, she said that it would be possible for something like that to happen.

'Akilisi Pohiva - said that according to the report of the Royal Commission on RTA the Board, chaired by the Prime Minister did not follow the instructions given by the Privy Council which ended in a loss of a lot of money by RTA. He wanted to know what government has done to two members of the Privy Council who were also members of the RTA Board, Prince 'Ulukalala Lavaka Ata and Hon. 'Akau'ola. He wondered if the Minister could recommend to the King for these two Cabinet Ministers to be dismissed.

Acting Minister of Finance - said that the report of the Royal Commission was given to the King and it was for him to decide whether to dismiss the two Ministers or not.

Dr Feleti Sevele - he asked the Minister of Finance to confirm the total amount of loan from ADB for the economic reform program, how much has been spent, and how much and what they have been spent on.

Acting Minister of Finance - said that the total amount of the loan was about $US10 million, and the detail on how the money has been spent would be confirmed in October when an officer from ADB would be in Tonga to assess the loan.

Dr Feleti Sevele - wanted to know if government had withdrawn the full amount.

Acting Minister of Finance - said that the total amount had been deposited with the National Reserve Bank.

'Akilisi Pohiva - said that when the 10-year agreement with Shoreline to provide electricity for Tonga expired was government prepared for possible leftover debt to be paid, similarly to the debts of $400,000 by Tonga Oil and $100,000 by Sea Star when the Crown Prince, the chairman, left these two companies. He also wanted to know if government guaranteed the Shoreline loan from the Bank of China.

Acting Minister of Finance - said that they did not know what to do since they did not know if there would be debts left for government to pay at the end of the 10-years agreement. She also said that government did not guarantee the Shoreline loan from the Bank of China.

Dr Feleti Sevele - wanted to know if government was repaying the Sea Star's loan from the ADB, and the Minister said yes.

'Akilisi Pohiva - asked the Acting Minister of Finance why a request for $50,000 from the Fokololo-o e-Hau Institute was rejected, instead $50,000 was given to the 'Unuaki '0-Tonga Institute.

Acting Minister of Finance - said it was possible that the Ministry of Education reduced the allocation for the Fokololo and gave it to the other.

'Akilisi Pohiva - wanted to know what has happened to the General Manager of RTA when the airline ceased operation while his term of contract had not expired. He wondered if the General Manager wanted compensation for the premature end to his contract, which was supposed to be until 2007.

Acting Minister of Finance - said that the former General Manager of RTA sought a substantial amount to compensate for premature end to his contract and the liquidators of RTA were working on it.

'Etuate Lavulavu - said that there was a growing disrespect to the King, the Constitution and even to the Tongan flag. He wondered if it was possible to pass a legislation for the Tongan flag to be raised in front of every school in the Kingdom and for kids at primary schools to memorise the national anthem and to stand in attention and look at the Tongan flag at the beginning and at the end of every school day.

Interim Minister of Education - said that the member was wasting the time of the House, and he should asked something more useful. He said that in Tongan schools there were flag poles, school assembly, prayers and they also sing the national anthem.

'Etuate Lavulavu - expressed his concern about the declining value of the Tongan Pa'anga, he wanted to know what the Minister of Finance was doing about it.

Acting Minister of Finance - said that adjusting the exchange rate was a very delicate task, and it had to be monitor carefully.

Sunia Fili - he asked the Minister of Justice if it was true that there was a Bill, increasing the authority of Police Magistrate to handle cases with penalties more than $1000. He wanted to know when such a bill would be tabled into the House. He said that if the Ministry was not going to table such a Bill, what about if they supported his Private Member's Bill on the issue.

Minister of Justice - said that a Bill had been drafted, increasing the authority of Police Magistrate to deal with criminal and civil cases with maximum value of $10,000. He said that he withheld the Bill because some more work needed to be done to it.

Sunia Fili - asked the Minister of Land to surrender his authority over historical sites to the Tonga Visitors Bureau, because that was why most of these historical sites were not looked after.

Minister of Land - said that with regard to beaches some villages look after their own beaches, and if the member and the Tonga Visitors Bureau wanted to look after a beaches, it could be arranged.

Peauafi Haukinima - said that following Cyclone Waka in 2001 three fishing boats were wrecked at Niuafo'ou, and that the Ministry of Fisheries was going to compensate the owners for the damages. He wanted to know what was the plan and when were they going to fix the boats.

Minister for Fisheries - said that the ministry had not received any report from the Niuas about the damaged fishing boats. He said that the reconstruction work on fishing boats has been concentrated in Vava'u and Ha'apai, which were hard hit by Waka. He said that work in Vava'u had been completed and 23 fishing boats had been refurbished and 24 new motors had been installed. He said that work had started in Ha'apai where 64 fishing boats would be worked on, and he did not think there would be any money left for Niuafo'ou. He suggested that the damaged fishing boats at Niuafo'ou should be assessed then they would proceed to find some funds.

Question time ended and the Acting Chairman of the Whole House Committee took his Chair.

Chairman - called for proceedings to continue with the Annual Report of the Ministry of Justice.

'Isileli Pulu - raised the point that the Ministry should provide a free legal service in courts for accused who could not afford a lawyer.

Noble Tu'ivakano - supported the idea, and he said that it was a needed public service.

Minister of Justice - said that it was a good idea to have Legal Aid to people who could not afford a lawyer. He said the matter was raised about five years ago when he was a secretary for the Ministry of Justice. He said that the matter was passed over to the Law Society and that was all that he could remember. He said there was a concern that such a service may end up benefiting those who could afford a lawyer and not those who were genuinely in need.

Sunia Fili - said that rate of Lawyers' fees, since 1990 was set by the Chief Justice. He said he was a local lawyer and his fee was $105 an hour, the next rate up from him was $180 and the top rate was $250 an hour.

'Etuate Lavulavu - wanted to know what would happen then to unqualified lawyers and the accused who could not afford a lawyer. (The member had been trying to get a licence to practice law, but it has been declined).

The annual report of the Ministry of Justice was passed 17-0.