From the House, an English translation summary from the Tongan vernacular, by Pesi Fonua.

Tonga Legislative Assembly, Minute No. 9, Thursday June 18, 2009.

Highlights:

- The Acting Minister of Justice said that the objective of a Bill to Amend the Constitution was to step-up the democratization process in the country.

- PRs Clive Edwards, 'Akilisi Pohiva and 'Isilelli Pulu were against the Bill to Amend the Constitution, so that all members of parliament are elected, and the elected members elect a Prime Minister who is turn appointed his Cabinet.

- the PRs finally come to terms with the difference between a Party Political system with an opposition; and a parliament which is made up of individuals and supposed to make decisions by consensus.

Roll Call

The clerk said that the Minister of Education and the Minister of Commerce were away overseas. Noble Vaha'i was on leave of absence and the Minister of Agriculture and Fisheries was away sick. Clive Edwards was coming late, and the rest of the members who did not answer their calls were probably coming late.

The Speaker called on the clerk to read a letter from the chairman of the Law Committee.

Bill to Amend Constitution

The Chairman of the Law Committee Dr Viliami Tangi wrote that the committee was presenting to the House a Bill for the Amendment of the Constitution 2009.

The clerk gave the Bill its first reading.

The Speaker called for votes. It was carried 10-0.

The clerk gave the Bill its second reading.

PR Teisina Fuko moved for the Bill to be tabled into Committee for debate.

The Speaker dissolved the Legislature into committee and the Chairman, Samiu Vaipulu took his chair. He said that the agenda for the day was Bill No. 2/2009 and he called on the Acting Minister of Justice to give a comprehensive summary of the Bill.

Democratization process

The Acting Minister of Justice said that the objective of the Bill was to step up the democratization process in the country. He said that the Bill directed for the political reform to take place no later than next year, and the process of appointing Cabinet Ministers from elected members should start straight away and they should start familiarizing themselves with the job.

Noble Lasike queried the voting procedure, because once a PR becomes a Cabinet Minister, he would vote for the Cabinet, which would be a loss to the PRs.

The Chairman reminded the House about Section 60 of the Constitution, which stated that there should be nine members elected by the people, and nine members elected by the nobles. He said that the proposed amendment, appointing ministers from the elected members would mean fewer elected members and it would be in contrary with Section 60.

PM to select ministers

The Deputy Prime Minister and the chairman of the Law Committee Dr Vilami Tangi told the House that the amendment was in a provision to section 59. The set-up for next year was that following the election the elected members will select a Prime Minister, and the PM will then selected his Ministers. There is no by-election. If the PR from 'Eua was made a Minister, he would still be the representative of the people of 'Eua.

The Chairman reminded the House of his concern that the amended provision clashed with section 60.

The Acting Minister of Justice told the House that legislation consisted of two main parts, its objective and policy and whether it is legally sound.

The Chairman reminded the House that under Section 59 the composition of the Tongan parliament made up of the Privy Council, the Cabinet who would be in the House as nobles. Under Section 60 it stated that there should be nine Nobles' Representatives and nine People's Representatives.

Not in the Bill

The Deputy Prime Minister pointed out to the Chairman that his thoughts were with a section that was not in the Bill. A Noble's Representative becoming a Cabinet Minister still remains a nobles' representative.

PR Teisina Fuko told the Chairman to remain as chairman, and to not take part in the debate.

The Chairman responded that he was not debating, but just pointing out what was in the law.

PR Sunia Fili disagreed, and said that the Speaker was pushing his personal view.

PR 'Isileli Pulu agreed with the Chairman and he proposed for the Bill to be taken back for further improvement, then reintroduced the following week.

Noble Lasike insisted that once a noble becomes a Cabinet Minister he would vote as a Cabinet Minister and not as a Nobles' Representative.

PR 'Akilisi Pohiva suggested that the question was, "can the appointed minister vote twice?"

Noble Lasike replied "no".

Confused

'Isileli wanted to know why government was in a hurry to amend the constitution. He said that at the end the Cabinet would be the majority.

The Minister of Tourism said that the member was confused, one minute he was talking about how there was no opposition in the Tongan parliament, then the next minute he was talking as though the Tongan parliament was running under a political party system of government.

'Isileli reminded the minister that they still did not know anything about the composition of the House and the electoral system. He said he talked to some of the PRs and he said none of them wanted to become Cabinet Minister at this point of time. He said they were all dead against the amendment.

The Chairman told the member to speak for himself and leave the other PRs to speak for themselves.

Tell us what to do

The Minister for Communication said that 'Isileli's view was too narrow, whereas the true spirit of the Tongan parliament to work for the advancement of the whole country, and a member vote for what he or she thinks is good for the whole country, not just for a group of people. She reminded the member that the amendment is how ministers will be appointed next year. What is your problem?

'Isileli said "let the Commission tell us what to do".

The Minister of Communication reminded the member that that was not the role of the Commission, that is the responsibility of the House.

PR 'Etuate Lavulavu supported the Bill to amend the constitution, and he said he and others were ready, if they want to implement it the following day, he would give it his 100% support. He said that a member of parliament for Tonga should be a person who talked and worked, not just criticism and talking.

Concern over division

'Akilisi told the member that the Bill was to appoint members to go and familiarize themselves.

Chairman said there was nothing in the Bill about familiarization.

The Minister for Tourism expressed his concern that members were just creating a division within a parliament that was founded on the principal of a one-chamber parliament, unicameral. They were all in the House for the welfare of the people, and if that was their mission, he could not understand why they had to delay the Bill.

Sunia believed that the Bill set a direction for the political reform and the House should take the opportunity. He said that the Bill was the most constructive that he has seen after years of talking about reform and proposing numerous models. He said that their approach to direct reform from the bottom up was not working. He reckoned it had to be from the top down, then it would be peaceful, and it would take place. He believed that the Bill was an opportunity.

Not united

'Isileli appreciated Sunia's complaint that all their meetings were in the bushes and elsewhere, and their models of government amounted to nothing, but at last it had become known that they were not united in their effort.

Sunia told the member that they, the PRs had not been able to meet, and talk about this Bill. He talked with Clive but they could not get him and 'Akilisi, so at the moment they were free to speak their own mind.

'Isileli said that the amendment of the constitution pre-empted the final report from the Commission. He was expecting the Commission's report to come, then a committee would be formed to presents Bills to implement the change.

The Minister of Tourism said that the member had his own opinion and he was entitleed to it, but the people and the commission wanted to move forward with the reform.

Teisina referred to the favourite reference of the member that he had to consult the people. He said they were in the House as PRs and whatever decisions they make is for the people, and they would make the final say on whether it was a good or a bad decision.

The Minister for Communication expressed her dismay that after years of calling to amend the constitution, "then now suddenly the pressure is don't touch, don't touch".

Short term

'Akilisi said there was no guarantee that when a PR was made a Cabinet Minister he would still be a representative of the people.

He proposed that the amendment end with the election of 2010, then delete the rest of the clause, which referred to any information stated in the appointment document or in the constitution.

The Deputy Prime Minister explained that the intention of the wording which has been carefully chosen so that the term of an elected member being a minister ended at the end of every election. The proposed rewording by the members meant that after 2010 election they would amend the constitution. He reminded the member that to amend the constitution you have to think long term, not for just one year.

With regards to the proposal by the member to delete the last part of the amendment relating to additional provisions which are normally part of an appointment document - subject to any other provision contained in his commission or in the Constitution. This is an integral part of any appointment document.

Against amendment

'Akilisi and 'Isileli were against the amendment but their reason was only to wait for the Commission to tell them what to do next.

'Etuate argued that the work of the Commission does not stop the House from passing amendments to the constitution.

Step aside

The Prime Minister reminded the House that the direction had already been set and that is for Cabinet Ministers of the future to be appointed from elected members of the House, "that is going to happen, and if those PRs disagree, that is fine, but we all want this to happen and it will happen. If these members are against the bill all they have to do is to step aside." He said they should allow the process of electing ministers to proceed.

'Akilisi proposed for the amendment to be proposed by the Commission and it should be next year.

The Prime Minister reminded the member that the Commission was there to help the House, not to tell the House what to do.

Problem

Sunia reckoned the problem being that 'Akilisi had not done his homework and had not studied the Bill and discussed it with his supporters.

'Akilisi proposed for such comment to be deleted from the minutes of the House.

The Chairman was about to call for votes, when 'Isileli said that Clive Edwards wanted to say something.

Clive talked about the possibility for a by-election, and was obviously out of touch with what had been said in the House.
Fundamentally they wanted to delay the voting.

The Chairman and the PM agreed to leave the voting for Monday June 22.

The House was closed until 6 pm in the evening.