House passes Constitutional change [1]
Wednesday, July 8, 2009 - 10:53. Updated on Monday, September 9, 2013 - 18:40.
From the House, an English translation summary from the Tongan vernacular, by Pesi Fonua.
Tonga Legislative Assembly, Minute No. 11, Monday, 22 June 2009.
Highlights:
- A motion-resolution by the PRs was never presented to the House. The motion was apparently intended to stop the Bill to Amend the Constitution to allow Cabinet Ministers to be appointed from elected members of the House.
- PR 'Etuate Lavulavu told the House that he drafted the motion-resolution of the PRs though he disagreed with the idea, and how neither the PRs nor the Nobles' Representatives wanted to put their signature on it, excepting for 'Akilisi Pohiva.
- The House passed the Bill to Amend Clause 59 of the Constitution. It allows the elected members of the House to choose their Prime Minister and then the Prime Minister to appoint his cabinet from the elected members. It allows the cabinet members to also hold their representative seats at the same time as being ministers. If the PM is not satisfied with his cabinet ministers he can dismiss them, and the member can return to his representative seat in the house.
- 'Akilisi spoke against a civil society group that was going around the villages to explain the interim report of the Constitutional and Electoral Reform Commission.
- Questions about the massive top-up by government of the salary of Justice Robert Shuster by $350,000.
Believed to be coming late
The clerk said that on leave of absence was Sione Teisina Fuko, and Sunia Fili was overseas and the rest of the members there was a belief that they were coming late.
The Speaker told members that he hoped they could pass the Budget by the following day, because the annual conference of the Free Wesleyan Church of Tonga would start on Wednesday, June 24, and most of the members of the House, including the staff would be participating in the conference.
He said that a working agenda for House following the passing of the Budget had been distributed.
Debate on constitutional amendment
He said that the debate on the Bill to Amend the Constitution was postponed from the previous week to today, and the PRs were to present a draft for a motion-resolution, but apparently no one want to put his signature on it excepting for 'Akilisi Pohiva, so he wondered if they should proceed with the Bill.
PR 'Akilisi Pohiva requested for more time for the PRs to have a good look at the draft of the motion-resolution.
Civic Education Program
On a different issue he expressed his concern over a trained group, which was conducting meetings in the villages, explaining the interim report of the Constitutional and Electoral Reform Commission. He queried the ability of this trained group to explain the report to the people, and if the group was directed by the Commission.
The Prime Minister said that the Commission had been funded by Australia and New Zealand, and at the same time the European Union had also funded a Civic Education Program to prepare the people for the proposed political reform, and a Civil Society group under the leadership of Drew Havea was explaining to the villages the report as part of their Civic Study program.
He said that a suggestion for the Commission to be part of a group to explain their report to the villages, was rejected by the commission as not a part of their working agenda.
Another area of concern was that very few people attended the Commission's public consultation meetings in the villages. He said that for the whole of Tonga only 500 people attended, and for Tongatapu alone only 200 people attended.
PR 'Isileli Pulu said he got a rash after what he heard that the Commission made a direct communication to the PM and that the Commission authorized this group to go around the villages to explain its report.
The Prime Minister said that the situation had been explained and it was clear, so he could not understand why they were wasting their time on the issue. He told 'Isileli to try and have a clean heart.
'Akilisi said that the process was not clean, and it was the beginning of stirring up of trouble.
The Speaker that the debate on the Bill to amend the Constitution would be postponed until 1.30 pm, giving the PRs time to prepare then present their draft motion-resolution.
Waterfront land
The Legislature was dissolved into the Whole House Committee and the Chairman, Samiu Vaipulu took his chair. He called for debate to proceed with Vote No. 10.
'Isileli reminded the committee that they had not passed Vote no. 9 and he wanted to make a comment on Vote No. 9 about the mortgaging of land which was owned by the Port Authority. He suggested that there should be some recreational areas at the waterfront. He wanted to know what happened to the piece of land that was leased by Sea Star.
The Minister of Finance said that Sea Star leased the land from the Port Authority, and since then they were trying to sell their assets, and their lease as well. He reminded the member that they had already dealt with Sea Star issue.
The Chairman announced that the proceeding would move on to Vote No. 10 of the Ministry of Justice, but before that he wanted to read out resolution No. 2 of 2009 that was attached to Vote No. 10.
Judge's salary
It reads: In accordance with Clause 87 of the Constitution of Tonga Chapter 2 the Tongan Parliament orders the payment of Justice Robert Shuster the salary of $350,000 per annum, in relation to the fluctuation in exchange rate, and that will be his salary while he is a chief justice in Tonga.
'Isileli Pulu wanted to know if the $350,000 was a top up amount or the full salary of Justice Robert Shuster.
The Minister of Defence said that Justice Shuster's salary was paid for by the Commonwealth Secretariat, amounting to $40,000 sterling pounds or $TOP134,000. The salary of the other chief justices in Tonga which are paid for by Australia and New Zealand amounted to $TOP485,000, so the $TOP350,000 to be paid by government is to top up Shooster's salary to be the same as the others, $TOP485,000.
'Akilisi wanted to know if Justice Shuster knew how much the Commonwealth Secretariat was going to pay him before he came to Tonga.
The Minister of Finance said that Justice Shuster was well aware of it, and at the end of his contract he wanted to go back, but government wanted him to stay on because his service was badly needed.
Law Commission
On a separate issue 'Isileli Pulu wanted to know if there was a budget allocation for the Royal Law Commission.
The Minister of Finance said that the Commission has been formed but there was no allocation in the budget for the Royal Law Commission.
'Akilisi did not think it was a good working practice for government to suddenly tell the Minister of Finance that there is a Royal Commission and their salaries were to be paid. He wanted to know what the Minister would do.
The Chairman reminded the member that there is a thing called Contingency Fund.
'Isileli wondered if the Commission would interfere with the administration of justice.
Justice system
The Acting Minister of Justice explained that the agenda of the Commission was not to scrutinize the administration of justice, but to look at the justice system.
'Akilisi said that without a doubt the Commission would interfere with the administration of justice.
Noble Luani disliked how 'Isileli questioned the Acting Minister of Justice and he thought it was bad manners.
'Isileli Pulu apologized.
Plea from Ha'afeva
After Lunch the Speaker said that following the debate on Vote 11 they should proceed with the Bill to Amend the Constitution.
The Speaker dissolved the Legislature into Committee and the Chairman took his chair.
Noble Lasike pleaded for a small boat and a police station on the island of Ha'afeva, his estate. Ha'afeva is the centre of the Lulunga district and he believed that the island needed a fast boat because of its distance from the main island of Lifuka.
Sione Feingatau 'Iloa took the opportunity to thank the acting Minister of Police for the allocation of a vehicle for the police at Niuatoputapu.
Prisoners ran away
The Chairman told the Acting Minister of Police of how prisoners in Niua shook the door of the security prison open and ran away. Recently in Vava'u, prisoners smashed the floor of the prison and ran away.
The Chairman announced for the committee to agree that they had passed Vote No. 11. He said for the proceedings to return to Bill No. 2 of 2009, the amendment to Clause 59 by adding on a new provision.
Noble Lasike moved for the motion-resolution of the PRs to be replaced by one of his.
Members become ministers
He believed that the appointment of an elected member to become a Minister would be a loss to either the PRs or the Nobles' Representatives, so he could see a weakening of the influence of the nobles and the PRs.
Noble Tu'iha'ateiho believed that voting was an individual decision and if members came into the house with the national interest in mind it would not matter whether he was a minister or not. He also pointed out that if a minister disagreed with the Prime Minister he could resign and return to his seat as a member.
Noble Lasike told Tu'iha'ateiho that one could only vote either as a representative of the people, nobles or as a Cabinet Minister. He said that once a representative member was appointed as a minister there should be a by-election to fill the vacant seat.
PR Clive Edwards said that he had not make any comment because he thought that the proposal was only a temporary measure because it is clearly stated in the constitution that the composition of the House consists of three tables, with definite numbers. He said that the amendment was unconstitutional.
Call for delay
'Isileli pleaded to postpone the voting, and give them two weeks, during the national tour so that they could talk to people. He said that the motion-resolution that was supposed to have been presented by the PRs did not get done because there was not enough time.
The Minister of Works wanted to know what had happened at the meeting of the PRs after they requested more time, so the voting on the amendment of the constitution was postponed from Thursday to Monday, and now they wanted more time.
Disagreed with PRs resolution
'Etuate said he was advised by Clive Edwards, Teisina Fuko and Sunia Fili to inform the House of what was decided at the PRs meeting. He said he told them that he disagreed with the decision because a motion-resolution could not be stronger than the constitution. Aside with his disagreement he went ahead with the decision, and during Saturday and even this morning he presented the resolution to the PRs and the Nobles' Representatives, but no one wanted to sign excepting for 'Akilisi Pohiva. For those reasons the resolution was not presented to the House.
The Deputy Prime Minister, Dr Viliami Tangi, said that the problem with 'Isileli Pulu and 'Akilisi Pohiva was that they kept moving the goal post. They decided on Thursday to postpone the voting to Monday, but when Monday came they wanted to postpone it to after their national tour.
The Chairman called for votes first on the motion to delay the voting until they returned from their national tour.
It was rejected 12-3. For it were 'Akilisi Pohiva, 'Isileli Pulu and Noble Lasike.
Constitution Amendment
The chairman called for votes on Bill No. 2 to Amend the Constitution.
It was carried 15-3. Against were 'Akilisi Pohiva, 'Isileli Pulu and Noble Lasike.
Education vote
The Chairman called for the committee to proceed with Vote No. 12 of the Ministry of Education.
Following a brief discussion over the vote of the Ministry of Education, the Chairman dissolved the Whole House Committee into Legislature and the Speaker took his chair.
He called for votes on the Bill No. 2 of 2009, the Bill to Amend the Constitution.
It was carried 14-3. Against were 'Akilisi Pohiva, 'Isileli Pulu and Noble Lasike.
The Speaker called on the clerk to give the Bill its third reading.
He then called for votes and it was carried 13-3. Against were the same three MPs.
The House was closed until 6 pm.