House split over controversial Arms and Ammunition Amendment Act [1]
Sunday, October 14, 2012 - 23:26. Updated on Monday, September 9, 2013 - 18:40.
From the House by Pesi Fonua
Tonga's government is once again trying to drastically reduce penalties for the illegal possession of firearms and ammunition, by reintroducing a controversial amendment bill, despite the fact that the late King George Tupou V withheld his consent in 2011 because it was considered to be "inimical to the welfare, well-being and safety of His subjects."
A bill that was presented by government last week to amend the Arms and Ammunition Act by reducing the penalty for the illegal possession of firearms and ammunition was the second time that a bill to amend the Section 4 of the Act has been presented to parliament during the past 12 months.
Although the second bill was narrowly rejected by the Whole House Committee on Thursday, October 11 on its second reading, it was still expected to go through to the Legislature for a final reading.
The first Arms and Ammunition Amendment Bill 2011 was a Private Member's Bill that was introduced by Sangstar Saulala, but the second was tabled by the Cabinet.
Reduction of penalties
A year earlier, on 11 October 2011, the Tongan Legislature actually passed the Bill to amend the Section 4 by reducing the penalty for the illegal possession of firearms from $5000 to $1000 and the imprisonment term from five years to one year. (At the time it was carried with a vote of 10-8; and supporting the Bill were Sangster Saulala, Hon. 'Isileli Pulu, Hon. Viliami Latu, Lord Tu'ivakano, Lord Vaea, Hon Fe'ao Vakata, Hon. Clive Edwards, Hon. 'Uliti Uata, Lord Tu'ilakepa and Lord Tu'iha'ateiho.)
But then the late King George Tupou V in December 2011 notified parliament that he had withheld his Royal assent to the Arms and Ammunitions (Amendment) Act 2011, because it was considered to be "inimical to the welfare, well-being and safety of His subjects."
This second time around, there is a slight difference between the two bills as the second bill in 2012 leaves the fine the same, while reducing the prison term. Under the 2012 Bill the amendment to Section 4 subsection (2) proposes to reduce the five years prison term to one year, or a fine not exceeding $5,000, or to both such fine and imprisonment. In Subsection (3) the two years sentence is reduced to one year, or to a fine not exceeding $2,000, or to both such fine and imprisonment.
Nobility
Although it was not pointed out in the House, the Ammunition Amendment Act with a five years prison term presents a problem for any of Tonga's nobility that might be caught under it, because of the possibility that they could loose their titles if convicted on a crime that has more than one year's prison term.
The Minister of Justice Hon. Clive Edwards argued that there was a disproportion in the penalty because if the same penalty was applied to a common man and to a person in a prominent position then, he believed that the person in a higher position had a lot more to loose.
The opposition to the bill pointed out the fact that the late king withheld his Royal assent from the 2011 bill, and secondly because of a rise in the use of firearms in crimes. There was also a vociferous opposition, particularly by Dr Sitiveni Halapua and Sione Taione who alluded that there was a hidden reason for the push to reduce the prison sentence from five years to one year.
'Aisake Eke supported the move to reject the Bill, arguing that while government could not police the inflow of illegal arms it did not make sense to lower the penalty for the possession of illegal arms and ammunition.
The Minister of Education, Hon. 'Ana Taufe'ulungaki said that according to a research report that had been released in Australia, a reduction in the crime rate was brought about by having a thriving economy and a quality police service.
Split
When the Chairman of the Whole House called for votes, there was a tie of 10-10 for and against the Bill, but with the chairman casting his vote, the Whole House Committee rejected the Bill, 11-10.
The 11 members who opposed the Bill were: 'Akilisi Pohiva, Semisi Sika, Sitiveni Halapua, 'Isileli Pulu, 'Aisake Eke, Sione Taione, Falisi Tupou, Semisi Tapueluelu, Mo'ale Finau and Lord Fakafanua; and the Chairman of the Whole House Committee, Siosifa Tu'utafaiva.
The 10 members who supported the Bill were: the Minister of Justice, Hon. Clive Edwards; the Minister of Tourism and Labour, Hon. Dr Viliami Latu; the Minister of Land, Lord Ma'afu Tuku'i'aulahi; the Deputy Prime Minister, Hon. Samiu Vaipulu; the Minister of Internal Affairs, Lord Vaea; the Minister of Revenue Collection, Hon. Fe'ao Vakata; the Minister of Finance and National Planning, Hon. Lisiate 'Akolo; the Minister of Education, Hon. Dr 'Ana Taufe'ulungaki; Lord Tu'ilakepa, and Lord Nuku.