NATIONAL PARLIAMENT OF
DAILY HANSARD
SECOND MEETING – EIGHTH SESSION
The
Hon Speaker, Sir Peter Kenilorea took the Chair at
Prayers.
At prayers, all were present with the exception of the
Ministers for Lands & Survey, and the Members for West New Georgia/Vona
Vona, and Small Malaita
STATEMENT OF GOVERNMENT BUSINESS
(deferred)
QUESTION WITHOUT NOTICE
Mr FONO to the Minister for Commerce: Under what sort of laws in the country would
the Government issue passport to the designate newly appointed Attorney
General, who is a foreigner, a non citizen, whom I understand is now in
PNG?
May be the Prime Minister through the advice of his
legal advisor or the Minister of Justice could inform the House and the nation
whether the passport has been issued, and if so under what section of the
Passport Act is the Government going to issue passport to a foreigner who is
not qualified under relevant sections of the Passport Act?
Hon AGOVAKA: Mr
Speaker, the question of issuance of passport to the person concerned has not
reached my office, and I am not aware of any issuance of passport to the person
concerned.
Hon SOGAVARE: Sir, the
problem with us is that we read fabricated reports in the Solomon Star and make
conclusions. This matter is not yet
decided by the government. The person
concerned is in PNG at this point in time, and there is not yet any decision
from the government to issue him a passport.
I do not know where this fabrication comes from.
Mr Kemakeza: If this is a
hidden intention of the Government, I thank the Prime Minister and the Minister
for Commerce for your answers. I want any
legal clarification by the Attorney General and the Minister of Justice to this
House on this matter.
Hon Manetoali: I would like
to assure you, Mr Speaker that I will provide a written advice on the question
put forward by the MP for Savo/Russells.
I am not prepared now as I am not advised about this issue.
Mr Tozaka: If the person
concerned has been suspended from his offer of appointment by respective
authorities, does this not justify all dealings to be suspended from him
accordingly?
Hon Oti: There is too
much speculation in this Parliament. A
lot of references that were made have no standing. It is very difficult to try to discuss the
Government’s position when these fabrications in the newspapers have no
basis. And so it is very difficult for
the Government to try to make sense out of some of the explanations that are
sought. But it is up to your indulgence,
Mr Speaker, to allow the discussions of speculation on the floor of
Parliament. But I cannot respond to
rumors because Standing Orders do not permit us to delve into issues that
cannot be substantiated.
Mr Speaker: May
be a point of clarification as a matter of procedure at this point in time. The Parliament is not answerable to the
media. The media has its roles but the
Parliament is not answerable to it, but of course, issues raised in the media
can be questioned because they are raised publicly and so the question along
that line can be made, but of course the Parliament is not answerable to the
media.
Mr Fono: That is all
the more reason for the government to come out publicly and tell this nation on
its position in relation to the designate Attorney General.
Hon Oti: I have made a
clarification on the position of the Attorney General on Monday this week.
Mr Fono: That is not
in relation to the issuance of passport.
We have reliable information that there was directive from the Prime
Minister’s Office to Immigration to issue travel documents, ID card or
what. That is similar to a passport –
travel documents. Under what laws of
this nation will that passport be given to the AG? That is the question.
Mr Speaker: Since
the Leader of Opposition raised the point that he has reliable information,
could he substantiate that or could he make that information available to the
Parliament.
Hon Sogavare: That is
exactly the point I want to make. If he
said he has reliable information, produce it on the floor of Parliament.
Mr Haomae: Point of
order. I think the question by my
colleague, the MP for
Mr Tozaka: This
is a valid question directed to the Minister responsible on the issuance of
passport. It is a general question I
would like to ask him that if this person concerned – the Attorney General (he
has not yet been appointed) it is just an offer to him, he has not yet signed
an agreement, if he has been suspended by the respective authorities of our
government then does that not justify all dealings with this person is
suspended by the government accordingly?
Hon Sogavare: We would
allow these facts to come before the government first before we make a
decision. We appreciate what the MP for
Hon Agovaka: I would like
to clarify certain points here that causes a bit of cloud here. In so far as the contract of the person in
question is concerned, this is a matter for the Judicial and Legal Services
Commission. In so far as issuance of
passport is concerned that is a matter for my Department.
In so far as I am concerned as the
Minister responsible for immigration and labor laws of this country I have not
received any application whatsoever in regards to issuing of passport to the
person concerned. Thank you.
Mr Fono: Mr Speaker, I
would like to thank the Minister and the Hon Prime Minister for answering the
question without notice.
MOTIONS
Hon FONO: Mr Speaker, I
beg leave that Standing Orders 31(1) be suspended under Standing Order 81 to defer
the motion I was going to move today, the Motion of No Confidence in the Prime
Minister to
Mr Speaker: The motion is
that the motion on the order paper today be deferred until Friday the 13th
October.
Hon SANGA: Point of
Order, Mr Speaker. This particular
motion was on notice for quite sometime, and according to parliamentary
procedures it has been set aside for today and it appears in the order paper
for today. The constitutional requirement
in so far as the notice is concerned has been satisfied. I think it is important for us to know the
basis for the deferment of the motion.
The motion really is very important and we need to know why it is
deferred. If it is deferred because the
Opposition side does not have the number then I think that is not in the
interest of this country.
I submit, Mr Speaker, that you do not accept the
request by the Leader of the Opposition.
Mr Speaker: The
withdrawal of motions, of course, can be done at any time before the
substantive question is put under Standing Order 31. But the Minister has raised an important
question in the sense that a withdrawal has to be subject to a further
notice. If it is just a withdrawal from
today’s order paper one would understand but it is not a withdrawal from
notice. If it is just a deferment of
discussions of the issue today then it would be different from withdrawal. If this is to be a substantive withdrawal of
the motion then the motion can be raised again but under a new notice. I think we are simply talking about deferment
of discussion of the motion today to be allowed on Friday next week.
Hon SOGAVARE: Mr Speaker,
while I appreciate that the motion belongs to the Leader of the Opposition, this
boils down to tactics, of course, and it is clear that the Leader of the
Opposition would like to withdraw this motion from today’s paper because
obviously they don’t have the number.
That is also in the interest of the government as well that we have the
number now and we would like this motion to be moved if it is to be considered
in that light, Mr Speaker.
Mr Fono: Mr Speaker,
it is under the relevant standing orders that I am asking to defer this motion
until Friday.
Hon Sogavare: Why?
Mr Fono: It is just
like a normal motion, Mr Speaker.
Hon OTI: Point of order
Mr Speaker. Reading Standing Order 31,
it talks about withdrawal and not deferment.
Mr Speaker: That is
right.
Hon Oti: He is asking
for deferment and therefore under what Standing Order is that deferment
relevant.
Mr Speaker: That is what
I was saying. If it is substantive
withdrawal then under that particular Standing Order, a new notice of
representation has to be made. He is simply
asking whether or not it could be withdrawn from today’s order paper to moved next
Friday, rather than withdrawing it from the notice.
Mr HAOMAE: Point of
order, Mr Speaker. The motion belongs to
the Leader of the Opposition, and if he wants to defer it, and it is in line
with the standing orders then that is fine.
In terms of number; if the government has the number next Friday then it
is okay too. What is all this fuss about
Mr Speaker?
Hon Oti: Mr Speaker,
the Honourable MP for Small Malaita is not reading Standing Order 31. That Order does not make reference to deferment
but withdrawal. Are we withdrawing it
from notice or withdrawing it from the Order Paper of today.
Mr Speaker: It is
withdrawal from the order paper today.
So the motion rather than appearing on today’s order paper will appear
on next Friday’s order paper. That
simply is the request. It is not a
withdrawal from notice.
Hon Darcy: (inaudible) ………….talks about total
withdrawal of the motion from the order paper today. Which Standing Order is the Leader of the
Opposition referring to?
Mr Speaker: For purposes
of the order paper today, he has suggested that rather than appearing on
today’s order paper it will appear on Friday.
He is not withdrawing the motion as per noticed to Parliament and
therefore the provision of Standing Order 31 applies. If he is actually withdrawing from notice the
motion then he has to bring in again a new notice. He merely is suggesting that it be withdrawn
from the business today for next Friday, and on that basis I rule that that be
so that since the Honourable Leader of the Opposition is yet to prepare himself
to move the motion, I rule that it be withdrawn from the order paper today for
next Friday.
Hon Sanga: I think it
will be important to consult with the Government on the timing of the motion for
Friday. I mean it could be
anything. If the government so decides
to cut short the business for next week what would be the situation then?
Mr Speaker: The situation
is that Order 15 would apply that permission would be sought from the Prime
Minister to put on order paper any other business that may not necessarily be
government business.
Hon Sogavare: Mr
Speaker, it is up to the Leader of the Opposition to take that risk if he wants
to defer this motion to next Friday.
Mr Speaker: He had
decided and so we will allow him to take that risk.
(laughter)
Mr Fono: Mr Speaker, what sort of risk is the Prime
Minister referring to? Security risk or
what?
Hon Sogavare: Mr Speaker, I
thought this person is very intelligent.
He has a Masters in Business Administration and I thought he ought to
understand this thing. What I’m talking
about is that there is no guarantee that Parliament will go on until 13th
October. It is really up to me to decide
whether Parliament goes on until Friday 13th October.
(laughter)
Mr KEMAKEZA: May I come in
as a mediator over this argument. You
have made the ruling and so I am asking the Prime Minister to move a motion of
adjournment.
Hon Sogavare: Mr Speaker,
thank you very much. I beg to move that
this House do now adjourn.
The House adjourned at