The Speaker seeks to correct technical information [1]
Monday, May 17, 2010 - 17:00. Updated on Sunday, April 27, 2014 - 18:55.
Editor,
I have been directed by the Honourable Speaker of the House to respectfully seek your kind cooperation in correcting some of the technical information which appears on your article titled "House leaves government to make final decision on constituency boundaries [2]" posted on Matangitonga Online website on May 7, 2010 and related articles preceding this article.
The Legislative Assembly of Tonga is proud of its long history and continual strives to perform its utmost best to ensure that due process during House proceedings are in line with the House's Standing Orders.
On this note, we are specifically concerned with two technical points you repeatedly raised in your article -
(1) First, motions do not need to be read three times like Bills. Only Bills as per "Division 7 of Part 5: Submission and reading of Bills in the Legislative Assembly" of the Standing Orders are required to be read three times in the House. Motions are treated differently. If a motion is in a written form, then the Clerk shall read it once before debate. Once debate is complete, the Speaker/Chairman shall then move for votes on the motion. If a motion is raised orally by a Member during debate, then there is no need for the Clerk to read that motion. Similar to written motion, once debate on an oral motion is complete, the Speaker/Chairman shall then move for votes on that motion.
(2) Secondly, I would like to clarify proceedings regarding debate on Option 2, which you misinterpreted.
As you noted, Noble Tangipa's motion to adopt Option 2 as recommended by the Royal Boundaries Commission was adopted on 19 April 2010. However, it was adopted by the Committee of the Whole House. On being referred by the Chairman of the Whole House Committee, Hon Lasike, to the Legislative Assembly, Government sought the Speaker's leave to delay its reading in the House because they intended to submit an alternative option to the House the next day. Speaker then proceeded to adjourn proceedings before Option 2 was read and voted on by the house.
On the following day, April 20, Government submitted their alternative option to the House. This alternative option was read by the Clerk in the House and was referred to the Committee of the Whole House. In the evening session, the Prime Minister informed the Whole House Committee that he was withdrawing government's alternative option and asked that when Noble Tangipa's motion was to be read, for the Legislative Assembly to approve it subject to the constituency division of Tongatapu, Vava'u and Ha'apai by equal numbers. The Prime Minister's submission was not a new motion in itself but proposing amendment to the Hon. Tangipa's already existing motion (which was still to be read and voted on by the Legislative Assembly). There was no objection to this submission.
In this light, I believe that you may have misinterpreted the proceedings when you wrote:
- "At the same time Noble Tangipa's motion is alive out there somewhere, so presumably the two motions are still halfway through the parliamentary process, and that means that we don't know what are the boundaries for the proposed 17 constituencies."
The House approved Noble Tangipa's motion subject to the amendment as put forward by the Prime Minister. There are no two separate motions. The only other motion before the House on 20 April 2010 was the alternative motion submitted by the Government, but that was retracted by the Prime Minister.
Given the above, we would appreciate if you could make corrections to the information given in the above-mentioned article in view of giving the public the most accurate information regarding the House proceedings. It is crucial to provide the public, most notably in this difficult time, the correct information regarding Tonga's political landscape. I would also like to humbly suggest, that in future, you consult myself or the Deputy Clerk/Legal Advisor, Mr Sione Tekiteki regarding technical and procedural issues.
You kind consideration of this request would be very much appreciated. Should require further information accordingly, please contact.
Respectfully,
Dr Viliami Uasike Latu
Clerk of the House.
Editor's Note -
We stand by our story: "House leaves government to make final decision on constituency boundaries [2]".
Our story was based on the facts stated in the Parliamentary Minutes for the evening session of April 19, and the morning and evening sessions of April 20.
Noble Tangipa's motion for the Whole House Committee (WHC) to adopt Option 2 was carried 13-12 and it has neither been terminated nor amended, and it did not have a second reading on the following day, April 20 as was expected.
Instead, the Speaker called for votes on a motion by the Prime Minister, Dr Feleti Sevele in support of the vote on Tangipa's motion plus an amendment. Although the Speaker stated that the PM's motion was seconded, but there was no record in the minutes to identify who had seconded it.
According to the Rules for Proceedings and Standing Orders and Duties of the Legislative Assembly of Tonga, which is posted on the Tonga parliament's website, Rule No. 35 - states that: "Any amendments to a motion shall be voted upon starting with the last amendment made to that motion before the actual motion itself is voted upon including the amendments."
No votes were ever called for the amendment to Tangipa's motion as required under Rule No. 35.
Because the Rules for Proceedings and Standing Orders were not followed it definitely appeared that there were two separate motions.
The Speaker, however, proceeded and called for votes on the PM's motion and its amendment. It was carried 25-0.