Select committee calls for investigation of Port Authority [1]
Monday, November 8, 2004 - 13:15. Updated on Thursday, May 8, 2014 - 14:28.
From the House, Minute No. 71, Tuesday 2 November 2004
- Select Committee called for government to temporarily suspend the General Manager of the Port Authority, while investigation is carried out on activities of the Port Authority.
- The Select Committee called for government to dismantle the Port Authority and return the Nuku'alofa harbour to be managed by the Ministry of Marine.
- A Bill for an Act granting Parliament Privileges was rejected 14-12.
- The House agreed not to debate on the Annual Report of the Port Authority.
- Annual Report of the Tonga Broadcasting Commission
- Concern by People Representatives over the TBC's refusal to broadcast their program on Radio Tonga.
- Concern over the suppressive working environment of some journalists at the station.
Speaker - called on the clerk to read a letter from the Select Committee of the House regarding the Annual Report of the Port Authority.
Clerk - the letter said that the committee had deliberated over a motion for a resolution over dissatisfaction by the ship owners and shipping agents over how the Port Authority run the ran the wharf.
The committee presented some options for the House to choose the line of action they would like to take.
Option No.1.
a. For the authority to be given to the House and not the Port Authority to set the rate for the usage of the harbour and the wharf by the public. There was also a Bill attached to make this change over possible.
b. For the introduction of two new posts, an Internal Auditor and a public Relations Officer.
c. for the Port Authority to abide the laws and regulations.
d. For the Port Authority to work closely with the people.
e. for the work of the Port Authority to be more transparent.
Option No. 2.
a. For the Port Authority to be eliminated and to let the Ministry of Marine look after Nuku'alofa Harbour and Port, similar to the situation in Vava'u, Ha'apai and 'Eua. A draft Bill was attached in order to make this possible.
b. to protect the rights of employees of the Port Authority who provided information to the committee during their survey.
c. to remove the General Manager of the Port Authority from his job while government carries out an investigation based on complaints and information that had been given to the committee.
The committee proposed that whatever option the House would choose would be forwarded for government to action on. Attached to the letter was a report of the deliberation of the committee. The letter was signed by the Chairman of the Select Committee, Noble Tuita.
Speaker - called for votes on the report from the Select Committee.
Noble Nuku - asked the Speaker to clarify what they were voting on.
Speaker - said that because they were dealing with the affairs of a Board, all they could do was for the House to give their approval and then pass it on to government to make the decision.
Deputy Prime Minister - pointed out that most of the members of the House were not in the committee, and should not they be given an opportunity to voice their opinion on the matter?
Speaker - said that the House has no authority over the Port Authority, but the Select Committee had done some work and they had produced a report, so he thought that the right thing to do was for the House to pass the report then hand it over for government to do what they think should be done.
He called for vote and it was carried 16-10. Against were the Minister for Foreign Affairs, Minister of Defence, Minister of Finance, Deputy Prime Minister, the Prime Minister, Minister of Land, Minister of Education Minister of Justice, Noble Tu'iha'angana, and Noble Nuku.
He called on the clerk to read a letter from the Chairman of the Law Committee, Noble Fielakepa. Then to give the first reading of a Bill on Parliament Privileges, 2004.
After the Bill was read the Speaker called for votes on the first reading. It was defeated 14-12. For it were 'Akilisi Pohiva, 'Isileli Pulu, Trevor Guttenbeil, 'Etuate Lavulavu, Fineasi Funaki, 'Uliti Uata, Sunia Fili, Peauafi Haukinima, Noble, Fotofili, Noble Fakatulolo, Noble Vaha'i and Prince Tu'ipelehake.
Prince Tu'ipelehake - moved for the House to recognise the Annual Report of the Port Authority, because he said that report from the Select Committee contradicted some areas of the Annual Report.
Speaker - suggested for the proposed recognising of the Annual Report of the Port Authority to be carried out in the Whole House Committee.
He dissolved the Legislature and the Chairman of the Whole House Committee, Prince Tu'ipelehake took his Chair.
Chairman - called for votes on his motion for the House to recognise the Annual Report of the Port Authority.
Noble Nuku - said that it was not appropriate for them to vote, recognising the Annual Report, because the committee had not debated on the report from the Select Committee and he did not understand the report.
'Akilisi Pohiva - said that there were some legal requirements in the report, things for government to investigate, so he thought it would be inappropriate for the committee to debate the report.
Prime Minister - said he did not accept the report from the select Committee, because one of the members of the committee who investigate into the affairs of the Port Authority had a pending court case with the Port Authority, and therefore this member should not have been in the committee.
Chairman - called for vote to recognise the Annual Report of the Port Authority. It was carried 11-0.
Prime Minister - said that the clerk did not count their vote.
Chairman - said it was too late. He called for the proceeding to resume with the Annual Report of the Tonga Broadcasting Commission 2003-2004.
'Etuate Lavulavu - wanted to know when there was going to be television in Vava'u.
Prime Minister - said that there was a plan for the coverage of Telvision Tonga to reach Vava'u and Ha'apai. He said that what was needed was an earth station to be established in Ha'apai and Vava'u.
Fineasi Funaki - expressed his concern over how the Commission stopped a group of people from using the facility, despite the fact that the station was a public utility.
Deputy Prime Minister - stressed the importance for the commission to be neutral in their presentation.
Fineasi Funaki - said that the situation as he had found out was not trying to be neutral, but it was because the employees were scared of their boss. He compared the journalists at the Tonga Broadcasting Commission to the Members of the House who had taken an oath to do a task to the best of their ability, and that was what was expected of them. He said that what he found with TBC that after recording a program, they were told that they had to delete certain things because they feared that it could either upset government, the boss, or a member of the Board. He felt that people at the station were not given the independence to do their work to the best of their ability.
Prime Minister - pointed out that there was a working code of the station, and a program must abide by the code of the station or it would not be allowed to be broadcast. He said that the station has rules and regulations.
'Akilisi Pohiva - agreed that some of the staff at the station were scared, and that was a natural reaction, scared that they might lose their jobs. He suggested for something to be done to minimise their fears.
Minister of Health - asked if the member knew what being scared meant. He said that when government introduced the Bill to allow certain activities to take place on Sunday, at first 'Akilisi agreed with it but later because he was scared of the people who elected him into the House he voted against it.
'Akilisi Pohiva - corrected the Minister that on the Sunday issue he believed that the individual should have the freedom on how he kept his Sunday. But he said it was a reality for public servants to do certain things against their will because they might lose their job.
Fineasi Funaki - asked the Prime Minister the Chairman of the Board of TBC to advise the staff at the station not to do the wrong thing because they were scared of doing the right thing.
Prime Minister - asked the member to present a paper outlining the claims he made, then it was possible for government to action on.
Fineasi Funaki - said that during the past two weeks they had tried to air a radio program but they were told that their request was rejected. They were told that they should get someone from government to be in their program. He said that such decision infringed Clause 7 of the Constitution, and that they had filed a case with the court.
Deputy Prime Minister - said the TBC has stated their policy for a balanced presentation. He drew a parallel between broadcasting and borrowing from the World Bank. He said that to raise a loan from the World Bank, Tonga must abide by certain conditions stipulated by the World Bank, the same was with TBC they have conditions.
'Akilisi Pohiva - said that in 1985 he was dismissed from the Civil Service because of his radio program, he sued government and government was found guilty for infringing his right under Clause 7 of the Constitution, Freedom of Speech. He said that government was ordered to pay for damages and the legal fees. He felt that government should understand all that by now.
Prime Minister - said that if the matter has been filed with the court then they should not be discussing it, but leave it for the court. He warned the member that he could be charged for contempt of court.
'Uliti Uata - said that in the report, government gave the sum of $500,000 to TBS, and also lent it another $200,000. He asked the Chairman of the board of TBC, the Prime Minister if TBC was going to repay the $500,000.
Minister of Finance - said that the $500,000 was a grant that was approved by the House when they passed the government budget.
'Uliti Uata - queried the authority of the Board of TBC to stop their program from being aired. He said how dare they, the executives to stop the voice of the people from being broadcast on their radio, the people's radio.
Prime Minister - said he accepted his view, and also the report from the Select Committee about the Port Authority but the member must come back next year so that they could discuss the matters.
'Uliti Uata - said that they have been condemned by the Prime Minister not to be re elected into the House next year.
- reported how the former General Manager of the TBC was asked in court why he was saying things now against government but when he worked for TBC he said that he could not say it then, in case he was fired from his job.
Prime Minister - he asked the member to ask the editor of his paper, Kele'a, the former General Manager of TBC, why the TBC always loses money and has no pensions.
The chairman called for votes and the Annual Report of TBC was passed 14-1. Against was 'Uliti Uata.