From the House by Pesi Fonua

On Tuesday, 12 March Parliament started off with a bang when the Speaker reminded Commoners in the House that they would start with the Land (Amendment) Bill 2013, but under Clause 67 of the Constitution only nobles could debate and vote on matters relating to the entitlement of nobles.

The bill was one of three relating to constitutional change regarding penalties for nobles and civil servants who are convicted of an indictable offence. Under the existing law convicted people are disabled from holding government office, voting and being elected, and includes loss of noble titles.

The proposed constitutional change will apply the loss of rights to only people who are sentenced to more than two years imprisonment. All other convicted nobles and civil servants may keep their titles, jobs and rights, if the sentence for their criminal offences is less than two years imprisonment.

A People's Representative 'Aisake Eke made a vain attempt to hold off the amendment to the Acts. He said that they should deal with the amendment of the Constitution first, before they allowed the Land Bill and the Legislative Assembly Bill amendments.

But by then the Cabinet and the Nobles were already on the roll.

Land (Amendment) Bill 2013

Members including Lord Ma'afu, Hon. Samiu Vaipulu and Lord Nuku called for the Bill to be read. Only nobles are allowed to vote and debate on the Land (Amendment) Bill 2013, because it relates to land.

The People's Representatives, including 'Aisake Eke, Sione Taione, 'Akilisi Pohiva and Mo'ale Finau, were very concerned that they could not debate or vote on the Land Bill, which they argued related to all Tongans and not just to the nobles.

But they were up against the Constitutional Clause 67 which reads: "It shall be lawful for only the nobles of the Legislative Assembly to discuss or vote upon laws relating to the King or the Royal Family or the titles and inheritances of the nobles and after any such bill has been passed three times by a majority of the nobles of the Legislative Assembly it shall be submitted to the King for his sanction."

The Land (Amendment) Bill 2013 - 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, which 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 as stated previously).

The bill was read and voted for three times by only the nobles, who passed it unanimously.

Constitutional change

The House proceeded to debate the remaining two Bills relating to the same Constitutional change. These were the Legislative Assembly (Amendment) Bill 2013 and the Act of Constitution of Tonga (Amendment) Bill 2013/ 

Clause 2 amends the Constitution to provide now that convicted people are disabled from holding Government office, voting and being elected only if they are sentenced to more than two years imprisonment.

The bill's explanatory memorandum stated that this was: "instead of merely convicted of an offence that happens to carry a high maximum penalty".

The memorandum also stated that: "There are recent examples of convictions for trivial matters falling within the definition of indictable offences."

 "The amendment seeks to reaffirm that if a person is convicted of a serious crime (with any sentence of more than two years' imprisonment) then all the effects will operate, but if a conviction is for a minor matter then there will be no loss of rights to be elected, and hold a government office and noble titles."

 The amendment also allows time for the process of appeal following conviction on a serious offence.

 Opposition

There was an obvious disintegration in the Paati 'a e 'Otuanga'ofa, they just could not put up a strong legal argument, though they had firm ground to launch an opposition to the claim of the Cabinet and the Nobles. The loss from the PRs of Sifa Tu'utafaiva, who became the Minister of Police, and Sunia Fili, who became the Chairman of the Whole House Committee was noticeable.

Lord Lasike case

The strongest point that was raised against the Cabinet and the Nobles, who were in favour of the Bills, was made by 'Aisake Eke who asked for the House to find out who made the mistake in dismissing the former Speaker of the House, Lord Lasike from parliament after he was found guilty in the Supreme Court for the illegal possession of an ammunition.

In that case, Lord Lasike had later appealed and had the conviction overturned by the Appeal Court. Lasike was understood to be seeking compensation for his dismissal from the House.

The Prime Minister told the House that there had been an agreement with Lasike to compensate his salaries when he was dismissed from the House, and he would continue to receive his salaries until the next General Election.

The Deputy Prime Minister also clarified that the payment of Lord Lasike salaries will not come out of the budget of the Legislative Assembly but off a special fund that is held by the Ministry of Finance.

Law and order issue

 There was a desperate plea from the Tongatapu People's Representatives No's 10 and 9, Semisi Tapueluelu and Falisi Tupou, that the amendments in the long run would not be helpful for the administration of law and order in Tonga. But both the Deputy Prime Minister and the Minister of Justice were in favour of the amendment to the Legislative Assembly Act.

When the House reconvened at 5.30pm after their evening break, in fast procession they passed the Legislative Assembly (Amendment) Bill 2013 and the Act of Constitution of Tonga (Amendment) Bill 2013.

 The House deferred another bill, the Act of Constitution of Tonga (Amendment No. 2) Bill 2013 to the Standing Law Committee.

The Speaker closed the House until June 7.