By Pesi Fonua

IF the integrity of the Tongan Parliament was in any doubt during the last few days of the 2008 parliamentary session then on the night of the final sitting on November 3 it was completely destroyed when members discovered that a sub-clause that had not been passed by the House had appeared in a Gazetted Amendment to an Act.

An Act to Amend the Constitutional and Electoral Commission Act 2008 (No. 17 of 2008) , was found to have a sub clause "(6) (c)" that was not in the Bill that was passed by the House on the morning of Tuesday October 28.

The new sub clause would have forced the king to appoint the commissioners for political reform before a deadline of November 8.

But after discovering it, the House on November 3 agreed to delete the sub clause, with only one member voting against the repeal - the PR 'Akilisi Pohiva.

No one, except the Speaker Hon. Tu'ilakepa, believed that the sub clause was in the amendment that was passed in the House. The person who presented the bill, People's Representative Clive Edwards, as well as the acting chairman of the Law Committee Hon. Siosi 'Aho, the Deputy Prime Minister Hon. Dr Villiami Tangi and the Prime Minister Hon. Dr Feleti Sevele, were all confident that it was not in the bill that the House had passed.

Who cheated?

The Tongan parliament is running around in a circle as it struggles to produce a new and more democratic system of government for Tonga and this latest cheat on the House has become a big embarrassment for Tonga.

So who cheated? Who inserted sub clause "(6) (c)" into the bill without the approval of the House, before it went for the consent of the Princess Regent Princess Pilolevu and then to the Crown Law Department to be Gazetted?

The sub clause sets a deadline for Privy Council to appoint the commissioners for political reform. It reads:

"(6) (c) The appointment of Commissioners under sub-clause (1) shall be made within 7 days of the receipt of recommendations under paragraph (b)."

The Speaker told the House on the night of Monday, November 3 that the insertion of sub clause "c" was made by a PR and a Cabinet Minister in the Law Committee. He said that when the Bill had its first reading in the Whole House Committee on Monday October 27 it already had sub clause "c" in it.

But other members of the House held opposite views.

Not decided

It is clear from the Minutes of October 27 that the Acting Chairman of the Law Committee, the Minister of Police Hon. Siaosi 'Aho, did not know anything about it, because before the Bill had its first reading on that day he told the House that the Law Committee had not made a decision on a proposal requiring nominees to be presented to the Privy Council seven days from November 1, saying "but they have agreed on all other amendments."

Straight after Hon. Siaosi 'Aho made his comment, the Acting Chairman of the Whole House Committee, Noble Lasike had called for votes on the Amendment and it was carried 22-0. There was no debate for its second and third readings.

Concerned

Then on the night of Monday November 3 Hon. Siaosi 'Aho expressed his concern that the amended Constitutional and Electoral Commission Act that was passed by the House and Gazetted was not the same one that was endorsed by the Law Committee and was presented to the House.

The Speaker accepted the fact that neither the Acting Chairman of the Law Committee, nor the Chair person of the Law Committee (the Minister of Justice), "knew that the Law Committee had unanimously agreed to insert sub clause '(6) (c)', which was presented and was voted on by the House without any debate." He told the House "and that I had signed it and that was it."

But government leaders in the House disagreed with his explanation.

The Deputy Prime Minister Hon. Dr Viliami Tangi told the House that he was confident that no deadline would be set in that Amendment to the Act. He recalled that after Cabinet agreed for the amendment of the Act, according to the Private Bill that was presented by Clive Edwards, he approached Clive and discussed the Bill and the floating idea about setting a seven days deadline from November 1 for Privy Council to approve the members of the Political Reform Commission. Dr Tangi said he also talked to Hon. Siaosi 'Aho about it and "left with confidence that no deadline would be set."

People's Representative Clive Edwards agreed with the Deputy Prime Minister, and said that even though he was not in the House when his Private Bill was passed, he held a different view from the Speaker He thought the clause was not in there when it was read in the House.

He moved for the House to repeal the sub clause "(6) (c)".

The Speaker called for votes and the repeal was carried 16-1. Against was 'Akilisi Pohiva. On the second and third readings in the Legislature it was carried 15-1. Against was 'Akilisi Pohiva.

No investigation

Although the Amendment was repealed to correct the error, there was not a suggestion in the House to find out who amended the Bill without the approval of the House. There was not even a mention of the possibility that there might have been contempt of parliamentary proceedings.

So the big question remains, what kind of new democratic system are these parliamentarians going to impose on us?

Before the House closed for 2008 they patted each other on the back and congratulated each other on "a successful year in the House".

So, really, are these the people who are going to impose on us, without our consent, their idea of a new and "more democratic" system of government for Tonga?

See also:

Accusations of corruption fly in the House. [2] 5-11-08 .

Commission for political reform, a ship adrift with not a soul aboard. [3] 3-11-08.