From the House, by Pesi Fonua

At the opening of parliament on June 2 the King's message from the throne begs the question of what has happened to the constitutional amendment that the House worked into overtime to pass in January and that was enacted in March?

Because when HM King George Tupou V officially opened the Tonga Legislative Assembly's 2011 session he called for government to pass supporting legislation so that a Lord Chancellor could be appointed. But the King made no mention of a Bill that became an Act in March granting the king the power to set the Lord Chancellor's appointment in motion

That Bill for an Act to amend the Constitution of Tonga 2011 was passed by the House on the evening of January 14 and became an Act in March, granting the king the power to appoint not only a temporary Lord Chancellor but also a temporary Attorney General. According to that legislation, these two appointees were to become members of the Judicial Appointments and Disciplinary Panel responsible for the selection of a Lord Chancellor and an Attorney General, whose appointment was to be officiated by the king.

That Bill was debated at a two-days special session that was opened by the Princess Regent Princess Pilolevu on January 13. Also on the agenda was the swearing in of the members of the new Cabinet and the new parliament who won seats in the November 25 election. In the special session the Prime Minister and the Minister of Finance gave a brief overview of the state of the Tongan economy, and most importantly the House had to pass two Bills: a Bill for an Act to Amend the Constitution of Tonga 2011 and a Bill for an Act to amend the Authority for Salary Scales 2011.

In January it was so urgent for the Bills to be passed that the Speaker told the House that he would go against the requirement under the new political reform for Bills to be presented for public debate before they are presented to the House. The House had to work into overtime to pass the two Bills. After that the Speaker adjourned the House, until its official opening last Thursday, June 2.

In March the Bills were enacted - the only two acts passed in 2011. The Act to Amend the Constitution of Tonga 2011 granted HM the King the power to appoint a Temporary Lord Chancellor and a Temporary Attorney General. The Bill for an Act to amend the Authority for Salary Scales 2011 was enacted to increase the salary of Crown Law staff.

But a Lord Chancellor has never been appointed.

So the question remains: did the king and the Law Lords know that the Constitution was amended this year?

Because the political reform has done away with the Privy Council (King in Council) the amendment to the constitution went through the House and the Cabinet before it was enacted and it might be possible that there has been a break-down in communication between the new structure of Government and the King and his Law Lords.

See also:
Judiciary waiting for judges [2]