By Pesi Fonua

The emergency meeting of the Tongan Parliament yesterday, December 20, two months after parliament was closed on October 20, and only five days before Christmas, has to be one of the strangest things that Tonga's new government and parliament has done since it came into power in January.

One member called it "a witch-hunt".

Even the Ministry of Information could not elucidate the reason for the sudden recall of parliament, stating mysteriously that Cabinet had on December 16 requested that the king reopen parliament, "to discuss urgent matters that have arisen."

The emergency meeting left everyone guessing what it was about, because it coincided with reported allegations of international criminal activities by a standing member of parliament. There was also speculation about a possible breach of bail conditions by the Speaker, who remains overseas.

But after the soft opening of the Tonga Legislative Assembly yesterday with a three paragraphs message from King George Tupou V, the outcome of the deliberations of the House, which extended into an hour of overtime was, to put it bluntly, pathetic.

Private Member's Bill

For a start, most members of parliament did not know that the emergency meeting was called in order to pass a private member's bill presented by 'Akilisi Pohiva and Sitiveni Halapua, in order to give more powers to a parliamentary committee that was formed on July 26. The committee that was supposed to produce a report on how the Nuku'alofa Development Corporation administered and spent a $118 million pa'anga loan from China on the reconstruction of central Nuku'alofa wanted to have the same legal powers as a Royal Commission.

The members of the parliamentary committee are 'Akilisi Pohiva, Sitiveni Halapua, the Auditor General and a lawyer, but when they meet, only the two members of parliament have voting rights.

Witch-hunt

However, from the outset the Minister of Police, Hon. Lisiate 'Akolo, pointed out that the private bill was beyond the parliamentary committee's Terms of Reference that was passed by the House. He called for the Terms of Reference to be distributed to members.

After that the whole day was spent in general discussion and the bill was never introduced.

The Deputy Prime Minister, Hon. Samiu Vaipulu suggested that if the committee wanted to have more power, the easiest solution was to turn it into a Select Committee of the House, and then if someone refused to provide information they could be charged and tried by the Tongan Parliament.

But the Minister of Justice, Clive Edwards, pointed that they could not pass the Bill in one day, it was a busy time of the year, and even if it was passed by the House it would take months to acquire the Royal Consent because it had to go through the Law Lords, a process that he did not think was necessary.

'Akilisi Pohiva believed that the Private Member's Bill, according to their lawyer, would enable the parliamentary committee to get the information they needed. For example, the main contractor is a Chinese company with its main office in Beijing, and if the Bill was passed it would enable the committee to go and ask the company how much they had been paid, and the company would have to tell how much. At the moment the company refused to tell them anything.

Clive Edwards reminded the member that the jurisdiction of the Tongan law is only in Tonga, and secondly to that the company has the right not to give them that kind of information.

Dr 'Ana Taufe'ulungaki said that the committee was on a witch-hunt, but that was not in their terms of reference.

Terms of Reference

The Terms of Reference that the House passed when the Parliamentary committee was passed on 26 July required the committee to investigate the total amount of funding allocated by government to the NDC, and to identify the source of funding and the original work plan. It was also to look at total actual expenditure and completed outputs in relation to the original work plan, and produce a list of contractors. The registration status of the contractors was also to be checked.

The final term of reference was to find out, "What is the governance and management process by which the NDC conducts its work and specifically, what is the reporting process to the Prime Minister and Cabinet in reference to project milestones and timeframes, financial statements and completed work outputs?"

Cost of investigation

Meanwhile, the parliamentary committee has not presented its report but the cost for consultants hired by the parliamentary committee is reportedly now running into hundreds of thousands of pa'anga.

At the end of the working day, the private member's bill had not been read and the Deputy Speaker said he would give the Bill to Speaker, Lord Lasike, when he returned to Tonga from his overseas trip.

Two motions remaining on the table were the Deputy Prime Minister Hon Samiu Vaipulu's motion for the Parliamentary Committee to become a Select Committee, and the Sitveni Halapua's motion for the committee to remain as it is, but for the House to pass a resolution enabling the parliamentary committee to work like a select committee.

If the committee were to become a Select Committee it would automatically make the Speaker and the Deputy Speaker members of the committee, but Hon Samiu Vaipulu also moved for the Chairman of the Whole House Committee to become a member. The House chairman Sifa Tu'utafaiva is a lawyer and the Deputy PM thought it was necessary for a lawyer from the House to be in the committee, and to make it more democratic, because at the moment a quorum of the Parliamentary Committee could be either 'Akilisi or Sitiveni who could vote and make decision by himself.

Sitiveni Halapua, however, moved for the committee to remain as it is, but for the House to pass a resolution enabling it to use those rights which the Deputy PM and the Minister of Justice had pointed out to be in the Constitution and in the Rules and Regulation of the House.

The Chairman called for votes, and Samiu's motion for the committee to become a Select Committee was carried 12-8.

Then they had to vote again because although the Speaker and the Deputy Speaker must be members of all Select Committees, but Samiu moved for the Chairman of the House Committee to also be a member. This amendment was rejected.

So the Whole House Committee agreed for the Parliamentary Committee to become a Select Committee and for the Speaker, Lord Lasike, and the Deputy Speaker Lord Tu'i'afitu to also become members of the committee to report on the NDC.

In the Legislature, the Deputy Prime Minister moved for the Speaker to call for votes on a resolution from the House.

The Speaker called for votes for the Speaker and the Deputy Speaker to be members of the new Select Committee it was carried 18-0, he then called for votes on the Chairman of the Committee to be also a member of the Committee, it was rejected 16-0.

Lord Tu'ilakepa objected that it was not clear what was the Resolution that the House had agreed to.

But at that stage everyone wanted to go home. The Prime Minister thanked the Deputy Speaker who said a short prayer and the House closed.

So the outcome of this emergency session was that a Select Committee has been formed and the Speaker and the Deputy Speaker are members to produce a report on the NDC.

Meanwhile, the final draw down on the $118m loan from China has been set for March next year, and the construction is winding down.

Disappointment

The "emergency" session turned out to be something of a disappointment to the anticipatory public.

The House did not discuss the cost of the parliamentary committee on the NDC.

The House did not raise the current matters of public concern over the integrity of Tonga's members of parliament.