From the House, Minute No. 64, Wednesday 20 October 2004

- The Parliament 2004 session to be closed on November 2 or 3

- Concern over a report by Pac News of a motion presented by Prince Tu'ipelehake, that the Prince claimed was misleading

- Committee debated on Private Members' Bills, a Bill to amend Clause 65 of the Constitution and a Bill to Amend Clause 188 of the Criminal Offences Act.

Speaker - told the House that they had only a week before the House closed, but there were still a number of annual reports yet to be tabled into the House, such as the Electric Power Board, Defence and Foreign Affairs, and also Civil Aviation. But he said for the House to proceed with two Bills processed by the Law Committee. He said that the King was to return on October 28, so the House could be closed either on November 2 or 3.

Prince Tu'ipelehake - spoke of a wrong news report that came from Pac News about a motion that he made in the House for the formation of a National Committee. He said that the news item was misleading for anyone who did not have access to any background information. He said that what was even more intriguing was that the information was fed through by Radio Tonga.

Speaker - said he would look into it, but expressed his surprise because only Radio Tonga was allowed into the House to record live on a daily basis. He said that if the Government Paper and Radio were disseminating wrong information from the House then it was probably better to bar them from the House and that the only news to be released from the House was by their own news people.

Minister of Justice - asked for a print out of the news item.

He told the House of four Private Member's Bills that had been worked on by the Law Committee and they had been tabled into the House for their consideration. He said two bills were from 'Etuate Lavulavu, one from 'Isileli Pulu and the fourth one from Prince Tu'ipelehake.

Speaker - called on 'Isileli Pulu to summarise his Bill before it had its first reading.

'Isileli Pulu - said that the intention of the Bill was to stop a person who had been found guilty in a court overseas, and who had not paid his or her fine from becoming a candidate for a parliamentary election in Tonga. He said that his proposed amendment was to Clause 65 of the Constitution which specifically referred only to a court decision in the Kingdom of Tonga, but he wanted to add on "and an overseas court".

Speaker - called on the clerk for the first reading of the Bill to amend the Constitution 2004. It was carried 10-9. Against were the Minister of Defence, Acting Minister for Foreign Affairs, Minister of Agriculture, Minister of Health, Minister of Education, Minister of Justice, Governor of Ha'apai, Governor of Vava'u and Noble Nuku.

He called on the Clerk for the Second Reading of the Bill.

Governor of Ha'apai - moved for the Bill to be tabled into the Whole House Committee for debate.

Speaker - gave Prince Tu'Ipelehake the floor to summarise his Bill.

Prince Tu'ipelehake - said that the Bill was to amend Clause 188 of the Criminal Offences Act Chapter 18. He said that Trespassing was the first offence to be committed by anyone who intended to commit a host of other crimes, such as theft, burglary, and rape. He said that the proposed amendment was to increase the penalty.

speaker - called on the Clerk for the first reading of the Bill. It was carried 10-8. Against were the Acting Minister for Foreign Affairs, Minister for Defence, Minister of Agriculture, Minister for Health, Minister of Education, Minister of Justice, Governor of Ha'apai and the Governor of Vava'u.

He called on the Clerk for the second reading of the Bill.

Governor of Ha'apai - moved for the Bill to be tabled into Committee for debate.

The Legislature was dissolved and the Chairman of the Whole House Committee, Prince Tu'ipelehake took his Chair.

Chairman - called for debate to begin on the Bill to Amend Clause 65 of the Constitution.

Minister of Justice - pointed that the intention of the bill was already covered in the Reciprocal Enforcement of Judgment Act Chapter 14. He said that on the day of registration of candidates for an election if the candidates hade debt in Tonga and in countries which were signatories to our Reciprocal Act then they could not be registered as candidates. He pointed out that the USA and Russia were not part of our Reciprocal enforcement of Judgment Act.

Chairman - called for votes and it was a tie 10-10. The chairman cast his vote and the Bill was passed. Against were 'Etuate Lavulavu, Minister of Defence, Acting Minister for Foreign Affairs, Minister of Agriculture, Minister of Health, Minister of Education, Minister of Justice, Governor of Ha'apai, Governor of Vava'u and Noble Nuku.

After Lunch the Whole House Committee was chaired by Noble Tu'I'afitu as Prince Tu'ipelehake participated in the debate of his Bill.

Prince Tu'ipelehake - emphasised the to increase the penalty for trespassing to deal with the increase in the crimes of house breaking and theft.

Minister of Justice - queried some new figures in the Bill which were not the same as when it was passed by the Committee he chaired.

Prince Tu'ipelehake - said that the changes were made by the legal adviser.

Noble Nuku - thought that the increase was too much.

Prince Tu'ipelehake - said that the increases were from $50 to $100 and from $200 to $800, and $2000 was the maximum. He also proposed an increase from $75 to $100 for first offence.

Chairman - called for votes and it was carried 13-3. Against were the Governor of Ha'apai, Minister of Education and Noble Tu'ivakano.

The Committee was dissolved and the Speaker took his chair. He called on the Clerk for the second reading of the Bill to amend the Constitution 2004. It was rejected 11-12. For it were 'Akilisi Pohiva, Dr Feleti Sevele, 'Isileli Pulu, Trevor Guttenbeil, Fineasi Funaki, 'Uliti Uata, Sunia Fili, Peauafi Haukinima, Noble Fotofili, Noble Fakatulolo and Prince Tu'ipelehake.

Speaker - called for the second reading of the of the Bill to amend the Criminal Offences Act. It was carried 13-7. Against were the Minister of Agriculture, Minister of Health, Minister of Land, Minister of Education, Minister of Justice, Governor of Ha'apai, Governor of Vava'u.

He called for the third reading of the Bill. It was carried 11-9.