Parliament was in uproar again yesterday, Monday 18, as the acting speaker, Lord Tu’ilakepa, appeared to be deliberately using his powers to slow the passage of the governments six new Bills through the House.
In an act that some people might interpret as retaliation against the government for not allowing more public consultation on its proposed new laws, Lord Tu’ilakepa demanded the government give reasons why it considered the new Bills were urgent.
The Minister of Police, Mateni Tapueluelu, told Lord Tu’ilakepa he believed he had breached Parliament’s rules.
Lord Tu’ilakepa walked out of Parliament last week along with his noble colleagues after a row with the commoner-led government over the bills. The government has been using talk back radio to gauge public feelings about the legislation.
He returned to the House yesterday with the rest of the nobles.
Lord Tu’ilakepa’s demand came despite clarification by the government benches that the law does not require any reasons to explain why a Bill is considered urgent.
The Acting Speaker cited a letter submitted to the House in February by the Prime Minister.
The letter told the House the government needed to table an Investment bill urgently because it wanted the release of TP$30 million in budget support.
Request to resubmit PM’s letter
MP Mo’ale Finau asked Lord Tu’ilakepa whether he would allow Prime Minister ‘Akilisi Pohiva to resubmit his letter the following day with the reasons for the urgency, but the Acting Speaker did not give a specific reply.
The Prime Minister had already submitted a letter certifying the Bills were urgent, as required by law.
Lord Tu’ilakepa did not accept this.
Reasons for urgency
The Prime Minister told the House the Bills were urgent because most of the government policies were governed by laws that related to the Bills and amendments. He said the government could do nothing because these laws had “ha’iha’i” (tied) them.
The Minister of Justice said there were a number of financial requirements for the government so it could deal with some of the changes to the court system including a salary of TP$600,000. He said if a Supreme Judge retired this year two Tongan Supreme judges may be appointed.
“…ko e fatongia fakapa’anga eni. ‘Oku lahi ‘a e ‘u me’a fakapa’anga, ‘e kau ‘i he liliu ko eni. Ko e ‘uhinga ia ‘emau kole atu, ke tali eni kimu’a ‘i he Patiseti,” the Minister of Justice said in Tongan.
This translates into English as: “these are financial obligations. There are too many financial matters, which relate to these amendments. That’s why we asked you to approve this before the new budget.”
Lord Tu’ilakepa’s response
After heated debates between the noble and the government bench, Lord Tu’ilakepa told the House it had to close for the day and said the Bills were not urgent.
He repeatedly warned the House that MPs could say what they liked, but that he must have the last word.
The Acting speaker continued to disregard the way in which the government benches interpreted clause 131, which requires the Prime Minister to certify the urgency of the Bills and kept citing the letter written by the Prime Minister in February as an example of what he thought was required.
Lord Tu’ilakepa said that when the Prime Minister certified that the six new Bills were urgent, he should have explained why were they urgent.
However, Minister of Police Mateni Tapueluelu corrected Lord Tu’ilakepa and told him the law only required the Prime Minister to certify that the bills were urgent.
Hon. Tapueluelu said the law did not require the Prime Minister to give the reasons why the Bills were urgent.
Clause 131
Clause 131 of the Rules of Procedure of the Legislative Assembly of Tonga says:
“The Legislative Assembly shall not proceed upon a Bill after its first reading for a period of two weeks or such longer time that the Assembly decides is needed to allow members to scrutinise the Bill, and for the public to make submissions, but this shall not apply to –
(a) Appropriation Bills; and
(b) Bills certified by the Prime Minister to be urgent.”
MP Mo’ale Finau asked the Acting Speaker whether he would accept Hon. Pohiva rewriting his letter the following day to include the reasons why the government wanted the Bills and the amendments to be passed urgently.
However, Lord Tu’ilakepa did not agree. He said he had the Prime Minister’s letter with him but he was just wanted to question why these Bills were urgent.
MP Finau said he thought Lord Tu’ilakepa wanted the Prime Minister to write the same kind of letter as the one submitted with the urgent Investment Bills. He said Hon. Pohiva could do that and submitted the following day.
In Tongan the noble replied: “ ‘Ikai, ko e me’a pē ia ‘a e ‘Eiki Palēmia kae ‘ikai ke pehē ia keu fakavavevave, kuo ‘osi ‘etau taimi ‘atautolu.”
Time is up
This translates into English as: “No, it is up to the Prime Minister but that does not mean I am in a hurry, our time is up.”
Lord Tu’ilakepa told the House it was better for them to come the next day and continue discussion.
He said he did not want Members to be disappointed with him and how he conducted the House.
He asked Members to pray and asked the Lord to lead them the right way in the House the following day.
He said that was the only reason why he wanted the House to postpone its business until the following day.
For more information
Nobles and Cabinet meeting deadlocked as gov’t blocks decision for another public consultation on new Bills
