From the House By Pesi Fonua

The 2013 session of the Tongan Legislative Assembly got off to a lively start on Thursday, 7 March, as members queried who had the right to call for this special and urgent session of the Tongan Parliament, and why?

Lord Nuku expressed his astonishment over the fact that a special and urgent session of the Tongan Parliament was called for, while the leaders of the country, the King, the Prime Minister and the Speaker were all away overseas.

The members wanted to know who authorized this "soft opening" of parliament.

The Deputy Prime Minister, and the Acting Prime Minister, Hon Samiu Vaipulu told the House that when the Prime Minister was not in the country, the Deputy Prime Minister, himself, was the Acting Prime Minister.

Likewise, the Deputy Speaker was the Acting Speaker of the House.

Hon. Vaipulu said that during the reign of King George Tupou V, it was decided that there was no need for a Princess Regent or a Prince Regent in the king's absence, because the authority of His Majesty in Council to draft Ordinances when the House is not in session, had been transferred to the Cabinet.

Land Bill

If the legality of the 2013 Special Session of the Tongan Parliament was in doubt, the refusal by the Acting Speaker, Lord Tu'iha'ateiho, to allow the House to debate over a Land Bill, was another challenge. In the noble's interpretation it infringed with the constitutional right of nobles because commoners have no right to debate legislation that deals with the inherited titles, and land rights of the nobles.

New minister

The session got rolling with the swearing-in of a new Minister of Police, Siosifa Tu'utafaiva who is also a Minister of Revenue for Tonga. Siosifa is the Tongatapu No. 6 People's Representative, and the former Chairman of the Whole House Committee.

After that the House was confronted with another challenge on whether or not to abide with a tradition of the Tongan parliament and deliver their response to the King's message from the throne.

After a few exchanges over what should be done, there was a suggestion to send two members to New Zealand to present their response to the King, and for the House to go into recess while waiting for them to return. There were other suggestions to take a break and wait for the king to return; or to simply send their response to the Palace Office, and for the king to look at it when he returned to Tonga.

In the end, the Speaker decided for the Minister of Health, Lord Tu'i'afitu and the Tongatapu People's Representative No. 10, Semisi Tapueluelu to take their response to the Palace Office, and for the House to resume its proceedings.

House chairman

The Minister of Commerce, Tourism and Labour, Dr Viliami Latu moved for the 'Eua People's Representative, Sunia Fili to be the new Chairman of the Whole House Committee.

Lord Nuku Nominated the Tongatapu No. 8 People's Representative, Sione Taione, but Sione objected to the nomination and said that he much preferred to remain an active PR in the debate and discussion in committee.

Sunia Fili was unanimously elected as the new Chairman of the Whole House Committee, and while in Legislature, the Speaker called for the first reading of five bills.

1. Pacific Games Organization Bill 2013

- A Bill for an Act to establish a Statutory Authority independent of government to organize, oversee and conduct the South Pacific Games in Tonga in 2019, and generally provide for the good organization of those games.

2. Legislative Assembly (Amendment) Bill 2013

- An Act to amend the Legislative Assembly Act to provide differently for certain effects of convictions of nobles.

- The amendment to Clause 2 Section 4 of the Act is to conform with the proposed amendments to the Constitution that convict persons (including nobles) are disabled in their rights and positions only if they are sentenced to more than two years imprisonment (instead of merely for an indictable offence).

3. Act of Constitution of Tonga (amendment) No. 2) Bill 2013

- An Act to amend the Constitution to make different provisions for Votes of No Confidence.

- The Bill is to amend Clause 50b of the Constitution and changes the provisions about votes of no confidence. Under the new clause a vote of no-confidence must be passed by at least two-thirds of the members voting, instead of just a simple majority. With this change, and with a maximum of 25 able to vote (the Speaker has only a casting vote in the event of equality) the vote of no confidence would require the votes of 17 members to pass (this number could change if not all the members were present and voting).

4. Act of Constitution of Tonga (Amendment) Bill 2013

- An Act to amend the Constitution to provide differently for certain effects of convictions.

- Clause 2 amends the Constitution to provide that convicted people are disabled from holding Government office, voting and being elected only if they are sentenced to more than two years imprisonment (instead of merely convicted of an offence that happens to carry a high maximum penalty).

- Clause 3 amends clause 23 to insert a Proviso that says that if a person is convicted and sentenced to more than two years imprisonment, then the disabling provisions of the clause do not operate until the time for appeal against conviction has expired and if there is an appeal, then until the appeal is decided.

After the first reading of the first four Bills, the Legislature approved for them to be tabled into the Whole House Committee for debate.

5. Land (Amendment) Bill 2013

- An Act to amend the land Act to provide differently for certain effects of convictions of nobles.

- Clause 2 amends sections 30, 37, 38 (1), 40 and 41 of the Land Act to make them confirm with the amendments proposed to the Constitution that provide, that convicted persons (including nobles) lose positions and rights only if they are sentenced to more than two years imprisonment (instead of merely for an indictable offence). Under this clause nobles will cease to hold their titles and estates only after conviction and being sentenced to more than two years imprisonment.

Regarding the fifth Bill, the Land (Amendment) Bill 2013, the Speaker objected to it being presented to the House. He stressed that on matters pertaining to the hereditary rights of nobles, only nobles and royalty had the right to speak on such issues.

The Minister of Justice, Hon. Clive Edwards did not think that the comment of the Speaker was relevant because the amendment to the Land Act was to be in line with the proposed amendment to the constitution that the House had agreed to be tabled into committee for debate.

By then it was 4:00pm and the Speaker called for the House to close until Monday morning, 11 March.