i just heard from some guys over here that the leader collapsed whilst preaching on stage a few days back - i also read it on Raw Fiji News who are saying he
had a heart attack whilst preaching and is now in hospital ?
His not a king or dictator. If you do not have control, you cannot be blamed.
Franko can legitimately be blamed for everything that has happened since December 2006 because he took over absolute control.
Today's celebration for Rotuma Day was quite a success, with many people attending and the chief guest, Prime Minister Laisenia Qarase.
All seven districts performed dances and total money raised was over 10,000 dollars, with a $4000 donation by the PM. The food was excellent, too-- so well
prepared and served.
Prime Minister Laisenia Qarase dancing with the Itu'muta group
By TAMARISI DIGITAKI and Staff Reporters: August 20, 2001
Wansolwara Online
SUVA: In the last leg of his campaign, Dr Tupeni Baba, leader of the New Labour Unity Party, has taken a leaf directly out of one of his political
opponent's campaign strategies.
In what looks remarkably like a Laisenia Qarase move, Dr Baba was seen at the weekend distributing free food packs to residents of a squatter
settlement in Vatuwaqa, Suva.
According to newspaper reports, Dr Baba (pictured) handed out about 100 food packs.
Each pack contained two kg each of rice,
flour and sugar plus tea, biscuits and a 1.3kg chicken.
A party spokesperson said the party decided not to run any of its television commercials on Sunday and divert the funds instead to buying the food
packs.
Dr Baba's move comes on the heels of criticism made by him and other political leaders against Qarase over personal donations the latter made to
various fundraising functions around the country.
Qarase, who is the leader of the Soqosoqo Duavata ni Lewenivanua (SDL) and Prime Minister in the caretaker government, was accused of vote-buying and
abuse of public funds.
He later clarified in a press release that the donations were from his personal savings.
Meanwhile, the Sun reported today that allegations of abuse of funds under the caretaker government's affirmative action plan had been
investigated.
This included the alleged misuse of more than $9 million from the Ministry of Agriculture's farming assistance programme.
However, according to the newspaper Auditor-General Eroni Vatuloka was "hesitant to reveal details" of the investigations.
The Daily Post reported that Qarase had called for a review of the role of the Native Land Trust Board.
In a scathing attack on the NLTB after a discussion on the land issue on Fiji Television's Close-Up programme, Qarase accused the board
of "dragging its feet" in moving the country forward.
"These are the facts. The NLTB is too slow in processing leases," he said.
There are revelations in Fiji that a Chinese-owned fishing company bought favours from the government after making substantial contributions to the ruling
SDL party during last year's general election.
Fiji TV aired documents last night which showed that Win Full Fishing Company received a rebate on fishing licenses with the aid of a supporting letter from
the SDL party.
The letter to the finance ministry, signed by the SDL president, Kalokalo Loki, said Win Full Fishing had greatly assisted the party during the election
with nearly ten thousand US dollars in cash and kind.
Senior Labour Party MP and deposed fisheries minister, Poseci Bune, says the matter is serious and has called for a full commission of inquiry.
Mr Bune says the taxpayers of Fiji ought to know that the government can be bought by big business.
But the secretary general of the SDL, Josaia Diani, says political contributions and favours in return are normal the world over.
$17 million plus unaccounted for. not broken down - ad nobody knows where tyhe money went. the Minister stood up i parliament and said it went to
"infrastructural costs" - when asked to specify and break it down the Government SDL side of the house went aggro.....so whats so difficult about
answering a simple question ? where did the 17 million go ? tell us, its our tax money.
===============================
PARLIAMENT OF FIJI
PARLIAMENTARY DEBATES
HOUSE
OF REPRESENTATIVES
DAILY HANSARD
THURSDAY, 30TH
NOVEMBER, 2006
The House resumed at 9.55 a.m. pursuant to adjournment.
MR. SPEAKER took the Chair and read the Prayer.
PRESENT
All Members were present, except the honourable Member for Tavua Open (D. Nair), the honourable Member for Lautoka City
Open (D.U. Manufolau), the honourable Minister of State for Education, Technical and Vocation and Special Education, the honourable Minister of State for
Agriculture, Alternative Livelihood and Outer Islands Development, the honourable Minister of State for Fijian Affairs, the honourable Minister for Commerce
and Industry, the honourable Minister for Local Government and Urban Development, the honourable Minister for Primary and Preventative Health Services, the
honourable Minister for Agriculture, the honourable Minister for Energy and Mineral Resources, the honourable Minister for Labour and Industrial Relations,
the honourable Minister for Environment and the honourable Minister for Tourism and Transport.
MINUTES
HON. LEADER OF THE HOUSE.- Mr. Speaker, Sir, I beg to move:
That the Minutes of the sitting of the House of Representatives held on Wednesday, 29th
November,
2006, as previously circulated, be taken as read and be confirmed.
HON. M. BULANAUCA.- Mr. Speaker, Sir, I beg to second the motion.
Question put.
Motion agreed to.
COMMUNICATION FROM THE
CHAIR
MR. SPEAKER.- Honourable Members, a very warm greetings to you all and I also take this opportunity to welcome our visitors in the
gallery. This morning, we have the students and parents of Ratu Nalewavada Public School in the Nausori
Highland. On behalf of the House, I warmly welcome you this morning. I know
you have travelled long distance to get here. E khawa dokai vakei au mequ kidavaki mutou na qwata nikua. O mutou na
vero vuli o mutou na jubujubu qai mutou na qwase ni vuli. E qwa dokai vakei e na lequ tadratadra va Speaker e na ledju yahana va veiyawane mequ
kidavaki mutou e na qwata ni kua. Vina valevu na la mai veisiko nuitaki na kalougata na lemuju no na vuli muju na
lehu me lemutou na vacegu.
QUESTIONS AND
REPLIES
Baulevu
Road
(Question No.
63/06)
HON. S.C. MAHARAJ asked the Government, upon notice:
Would the honourable Minister for Public Utilities and Infrastructure inform the House on
the
following:-
(a) How often does the Government carry out maintenance work on the
Baulevu Road;
(b) Why has not the road been tarsealed; and
(c)When does the Government intend to tarseal the road, which is one of
the oldest in the country?
HON. S. TIKOINASAU (Minister of State for Public Utilities Reform).- Mr. Speaker, Sir, I rise to respond to the question as
follows:-
(a) Routine maintenance works on Baulevu Road is programmed within six to
eight weeks.
(b) Major drainage and road pavement upgrading works were being undertaken
on this road this year. Also included were the tarsealing of the road to Baulevu Indian School and section of the
road fronting Kasavu Village.
(c) There are no immediate plans to seal this road. Nevertheless, the phasing of works that are being done will be very beneficial, if sealing is considered at some later
stages.
HON. M. RAKURO.- Mr. Speaker, Sir, I did ask this question before the road to Baulevu ends at Nakini. Is
there any hope of extending that road to villages on the upper hills, Calia and so on?
MR. SPEAKER.- Honourable Member, the subject matter this morning is Baulevu Road.
Financial
Assistance - 2003 South Pacific Games
(Question No.
66/06)
HON. M.P. CHAUDHRY asked the Government, upon notice:
Would the honourable Minister for Finance and National Planning inform the House on
the
following:-
(a)The total amount of financial assistance given
by the Government from the consolidated fund for the hosting of the South Pacific Games (SPG) in Suva in July 2003;
(b)Name the organisations which received the
financial assistance and state the amount paid to each of them;
(c) Have the accounts of the SPG been audited and
if so, by whom;
(d) Why have the accounts not been tabled in this
House some three years after the Games were held, and who is responsible for this inordinate delay; and
(e)Will the Government consider instituting
independent investigation into the serious allegations of fraud, corruption and misappropriation in the use of SPG funds made by the former Minister of State
for Youth and Sports and widely reported in the news media?
HON. RATU J.Y. KUBUABOLA (Minister for Finance and National Planning).- Mr. Speaker, Sir, I rise to respond to the question as
follows:-
(a) The total amount of financial assistance given by Government from the
consolidated fund for hosting of the South Pacific Games in 2003 was $21,186,998. The breakdown is as
follows:-
Total infrastructure grant -
$17,800,000
SPG Organising Committee - $1,405,000
SPG Security -
$475,000
SPG Equipment/Preparation
and participation-$1,130,000
VAT component-
$376,333
(b) SPG Organising Committee:
(i) Administration - $745,500
(ii) Additional provision for games
village capacity building USP -
$660,000
Sports Council/Fiji Police Force:
(iii) SPG Security -
$475,665
FASANOC:
(i) Equipment/Team Fiji Preparation
and Participation - $1,130,000
(c)The Government grants have been audited through the normal audit by the
Auditor-General. The SPG Organising Committee's accounts were audited by KPMG in 2006, while FASANOC was
completed in 2004.
(d) The accounts have been tabled in this House some three years after the
games were held. I wish to mention that the SPG Organising Committee is a limited liability company and there is no
requirement for them to table their accounts here, although it was tabled in this House in the last sitting. The
reason for the inordinate delay was mainly because this was a total project, starting from December 2001 to August 2005 and the need to ensure that proper
acquittals were done by the committee in relation to grants provided by Government. Also, some of the disposal assets
were acquired duty free and they did not wish to have the accounts finalised carrying a huge amount of redundant assets, otherwise there would be continuing
accounts to be done and provided by the committee, hence the reason for the delay.
(e) No, but if the honourable Members or others in this august House have
any information in relation to these allegations, I would strongly urge that this be directed to the relevant agency.
Mr. Speaker, Sir, I take this opportunity to thank all those who were involved in the preparation and organisation of the SPG, who worked
tirelessly in ensuring that the games were successful. Some of them are in this august House today. Sir, the securing of the games to be held in Fiji was done in 1997. It was not until
2001 that serious work was carried out to ensure that the 2003 SPG was going to be successful. A lot of work was done
behind the scenes, especially in securing sponsorship funds and others. As I said, there are those within this House
this morning who did a lot of work and I would like to take this opportunity to thank them for that.
HON. M.P. CHAUDHRY.- Mr. Speaker, Sir, the honourable Minister has not answered part (b) of the question, which is very specific; name the
organisations, which received the financial assistance and state the amount paid to each of them. The honourable
Minister said that $17.8 million was paid out for infrastructure development. I want to know who did this money go
to, $17.8 million is a lot of money and it cannot be passed aside by saying that it was paid for infrastructure development. I believe this money was given to the Fiji Sports Council. The Fiji Sports Council has not submitted its
accounts to this House. In fact, it has not submitted its accounts to this House since 1992, despite a specific requirement in the Act, requiring the
Minister responsible to table the accounts and the Annual Report of Fiji Sports Council.
HON. I. LEWENIQILA.- You are lying!
HON. M.P. CHAUDHRY.- You are the liar, you were the Minister.
Mr. Speaker, Sir, it is specifically provided for in the Fiji Sports Council Act. The nation knows what
has happened.
HON. I. LEWENIQILA.- The nation knows about you.
HON. M.P. CHAUDHRY.- Where has the money gone - the $17.8 million? When a Minister who has been dismissed
from his Ministerial portfolio, (simply because he wanted to drag the truth of this issue before the public, got wrapped in the knuckle, while the criminals,
the people who had abused this money, had corruptly used it and misappropriated it, are now sitting in this House and talking cheeky. Mr. Speaker, Sir, it is time that these people are exposed and brought before justice because it is time this side of the House
report the matter to the Police. They are not going to get away with it.
HON. T. YOUNG.- Mr. Speaker, Sir, a point of order.
HON. M.P. CHAUDHRY.- I have said what I wanted to say, they can raise any point of order.
HON. T. YOUNG.- Mr. Speaker, Sir, I refer to the question that he is asking. He should be asking a supplementary question and not spilling venom
in the morning of your Christmas party. Secondly, imputing improper motive on the former Minister for Youth and
Sports. Sir, I think the honourable Member should retract that statement, accusing the honourable Minister of being a
liar. The whole of Fiji and the whole world knows who is a liar in this House.
MR. SPEAKER.- I do understand that the honourable Member for Ba Open (M.P. Chaudhry) was asking about the names of the organisations. I do not know whether the honourable Minister for Finance would like to respond to that or not.
HON. RATU J.Y. KUBUABOLA.- Mr. Speaker, Sir, I do not have the names of the organisations, but I do have the breakdown of how the $17.8 million
was used and I will be glad to provide the honourable Member with that. As I mentioned, if there are allegations of
fraud or corruption, please direct them to the relevant agencies.
HON. M.P. CHAUDHRY.- I find this most extraordinary because this House is accountable to the people of this country and for the honourable
Minister for Finance to say that he does not have the names of the organisations, when the question was specifically asked, why did he not bring the name of
the organisation to this House? What is he trying to hide? Who is he trying
to protect? It is no use telling us here that we go to the Police or the agencies, when you are holding all the
documents and know what happened to the money. I think it is about time that this matter is honestly dealt with in
this House, because a lot of money has gone into the wrong hands and we all know that. Sir, I thank you and since the
honourable Minister said that he will provide information on part (b) of the question later on, I would be very happy to receive that from
him.
Navutulevu - Queen's
Highway
(Question No.
72/06)
HON. V.D. SHARMA asked the Government, upon notice:
Would the Honourable Minister for Public Utilities and Infrastructure Developmentinform the House, when will the
Ministry plan to provide maintenance on the QueensHighway from Navutulevu to Suva,
which has several hundred potholes for more than four months now? Sir, this question was filed some time in August and it has finally appearedtoday.
HON. I. LEWENIQILA.- Mr. Speaker, Sir, point of order. I yesterday raised, Standing Order 116. I think,
your caution and advice has fallen on deaf ears and the same honourable Member is standing up again without his coat.
MR. SPEAKER.- Honourable Member, that Standing Order was raised yesterday and you were to take note of that. I am sure you will never forget that in the future, if you can follow that Standing Order, but I will give you the opportunity to ask your
question.
HON. S. TIKOINASAU (Minister of State for Public Utilities and Infrastructure Development).- Mr. Speaker, Sir, I rise to respond to the question
on behalf of my line Minister and the Ministry. Works are in progress.
HON. V.D. SHARMA.- Mr. Speaker, Sir, a supplementary question. It was a very simple answer that work is
in progress, but would the honourable Minister inform the House as to when this work would be completed and if the honourable Minister could give a time
frame because these potholes have been there for the last eight months; on Fiji's major highway - the Queens Highway? Sir, this is a real concern for all motorists, in particular those people whose tyres are blown up and suspension parts are damaged and thousands of
dollars go out in foreign exchange to buy spare parts.
HON. S. TIKOINASAU.- Mr. Speaker, Sir, when weather permits.
HON. G. SINGH.- Mr. Speaker, the honourable Minister has replied that work is in progress. Actually, Sir,
I am a regular user of this Highway - travelling to and fro four times a week. I just came from Ba yesterday morning
and the weather was very nice, and I did not see any single person working on the Highway. Sir, I say this because I
also wrecked one of my land cruisers due to the bad road conditions. I therefore request the honourable Minister that
if the road cannot be tarsealed, can it be graveled again so that we do not lose our vehicles and waste our money.
MR. SPEAKER.- Honourable Member, I am in the same boat as you. I travel that Highway every
week. I have made enquiries with frustrations, and they keep saying that they are doing it in stages, part of
remedial and that takes a little while. So, I have been suffering in silence
as well.
(Laughter)
HON. A.D. SINGH.- Mr. Speaker, Sir, before I ask the question, I would first like to correct the layout of the questions, where question (d)
should be the continuation of question (c), therefore, there will be no question (e).
HON. A.D. SINGH asked the Government, upon notice:
Would the honourable Minister for Education, Youth and Sports, please inform the Houseon the following:
(a)Whether the Ministry of Education has reviewed or is reviewing the
present ethnic-based assistance provided under the Affirmative Action Programme which is in breach of the 1997 Constitution according to a report of the
Human Rights Commission;
(b) If the answer is in the affirmative, how far has it been
implemented;
(c) If the answer is in the negative, what is the reason for ignoring the
plight of the equally and more deserving students of other ethnic origins; and
(d)What is the total number of Fijian students attending non-Fijian
managed in both primary and secondary schools?
HON. RO T.V. KEPA (Minister for Education, Youth and Sports).- Mr. Speaker, Sir, I rise to respond to the question raised.
Mr. Speaker, Sir, it is unfortunate that the honourable Member has plagiarised the term "race-based" assistance from the Fiji Human
Rights Commission (FHRC) Report of June, 2006. Race-based is an emotive, biased, slanted, prejudiced term, which
unfortunately does not correctly portray what this Programme is about. However, interestingly it demonstrates more
revealingly where the FHRC was coming from in the compiling of this Report, that it was coming from an emotive, biased and prejudiced position, and it also,
Mr. Speaker, Sir, gives the wrong impression and perpetuates the myth that this Programme is ethnic or race-based.
Mr. Speaker, Sir, the Social Justice Act, Act. No. 5 of 2001, is based on Chapter 5 of the 1997
Constitution, which deals with Social Justice and details are that the interpretation of Affirmative Action means State policies that assist groups or
categories of persons who are disadvantaged so as to enable them to achieve equality of access with groups or categories who are not disadvantaged, and this,
Mr. Speaker, Sir, is a 10-year programme which has been implemented since 2002. Out of the 29 programmes implemented
since then, four Programmes are with the Ministry of Education, and they are:
(a) Enhancement of Fijian and Rotuman education;
(b) Programme to improve education in rural areas and disadvantaged
schools;
(c) Vocational training, entertainment of employable skills in and out of
schools;
(d) Improvement of educational opportunities for students with
disabilities.
Out of those four Programmes, Mr.
Speaker, Sir, only one is specifically for the enhancement of Fijian and Rotuman education. The other three are for
various groups in Fiji that come under those categories.
Cabinet, Mr. Speaker, Sir, agreed at its meeting on Tuesday, 7th November, 2006, that there would be a mid-term review of Government's
Affirmative Action Programme. This, Mr. Speaker, Sir, is in line with section 44(7) of the Constitution, which limits
the life of the Social Justice Act to 10 years, although it provides for the extension of certain programmes at the end of this period where
necessary.
Mr. Speaker, Sir, a mid-term review will also enable Government to examine the Affirmative Action Programmes in relation to their legal and
constitutional basis, as well as in the context of Fiji's obligations to international laws and conventions on human rights.
May I just continue to state, Sir, that in the findings of the same Report which the honourable Member is basing his questions
on.
Programme 1 - which is the only programme dealing with the enhancement of Fijian and Rotuman education, we need to conduct means testing so that
we improve on that targeted area, and this will come out in the review, I am sure, Mr. Speaker, Sir.
Programme 2 - to improve education in rural areas and disadvantaged schools. The findings of the FHRC
were that the programmes are not discriminatory.
Programme 3 - on vocational training, entertainment of employable skills in and out of schools, the finding by the FHRC was the same, that the
same programmes are not discriminatory.
Programme 4 - the improvement of educational opportunities for students with disabilities or special education, the findings was the same by the
FHRC.
HON. A.D. SINGH.- Mr. Speaker, Sir, a supplementary question. First of all, Mr. Speaker, Sir, the honourable Minister has alleged that I have
plagiarised the part of the FHRC when I used the word "race". Sir, that Report has been made
public. I have quoted from the Report, and of course, the Report is damning.
The Report very clearly states that in breach of the 1997 Constitution, and that is exactly what I have
asked, and the honourable Minister has very cleverly tried to elude the actual answer to my question.
Sir, may I remind the honourable Minster that question (d) has not been answered.
HON. RO T.V. KEPA.- Mr. Speaker, Sir, in terms of the first part on "race-based", that is only found in the FHRC Report. It is found nowhere else, and the Social Justice Act outlines very clearly what the Programme is about.
In relation to question (d), I will get back to this august House sometimes in the next sitting, so that we have the correct numbers for this
year's roll.
HON. M.P. CHAUDHRY.- A supplementary question. If the Affirmative Action Programme is not race based, in
some respect, would the honourable Minister then explain to this august House, why indigenous Fijian students attending non-Fijian managed or secondary
schools are denied Affirmative Action assistance provided to Fijian indigenous students attending Fijian managed schools? I am talking about Fijian students either in Fijian or Indian managed schools. Why are Fijians students
attending non-Fijian managed schools denied this assistance?
HON. RO T.V. KEPA.- Mr. Speaker, Sir, this assistance that comes under the Affirmative Action Programme is provided for Fijian schools at the
moment. When the review takes place, it might consider that the assistance needs to go to other schools as well, so
we will wait for the outcome of the review.
HON. M.P. CHAUDHRY.- I do not think we should wait for the review. The anomaly is quite
obvious. I think it should start from the beginning of next year. Why wait
for the review for something that is quite obvious? That is discriminatory.
Duty Rebate on Fuel -
Inter-Island Vessels
(Question No.
88/06)
HON. P. MUPNAR.- Mr. Speaker, Sir, before I ask the question, I refer to (d), where it reads "eight ( months". This question was filed in early September, I hope that the honourable Minister for Finance in his reply would consider the
current period as well, until today.
Would the honourable Minister for Finance and National Planning inform the
House on the
following:
(a) How much has been paid out to-date to Inter-islands vessels due to
granting of 100 per cent duty rebate on fuel as per 2006 Budget provision through section 10 of the Customs Tariff Act;
(b) Which inter-island vessels benefited from 100 per cent duty rebate and
by how much in monetary terms for each vessel;
(c) What was the Government's intention for allowing 100 per cent
rebate on fuel and whether the achieved target set is being met; and
(d) Whether the nation economically benefited, particularly in terms of
export expected increases in the last 11 months and by how much?
HON. RATU J.Y. KUBUABOLA (Minister for Finance and National Planning).- Mr. Speaker, Sir, I rise to respond to the question asked by the
honourable Member for Nadi Rural Communal (P. Mupnar).
(a) Allow me to clarify that the fuel concession allowance for
inter-island vessels is not granted as a rebate as in the case for the bus industry. There is no grant of any kind by
Government directly to these vessels, as it seems to be indicated in this part of the question.
In the case of inter-island vessels, the fuel is bought at a duty free price upfront from all companies
such as Mobil and BP, and the duty free concession is then accounted for in the monthly returns submitted by these companies to FIRCA. Since its introduction this year, the total of the fuel bought at duty free price by inter-island vessels that qualified for
this concession was 4,028,278 litres as at the end of October this year, with the current fiscal duty rate of 18 per cents per litre. The revenue foregone is $813,617.
(b) There is a list here and I wonder whether the honourable Member would
be agreeable for me just to provide this to him, if not, I will read it out.
Inter-island Vessels
Amount
($)
Suilven Shipping
Limited
338,500.00
Kadavu
Shipping
23,696.52
Salia Basaga Shipping
Limited
21,220.00
Patterson Brothers Shipping
Company
118,467.60
Khan
Shipping
1,190.00
Allied Shipping
Company
5,130.00
Consort Shipping Line
Limited
285,112.00
Kabara Development
Corporation Limited
885.08
Seaview Shipping
Services
19,415.18
(c)The overall intention of this concession was to provide some form of
assistance to the transportation industry, particularly those that are mostly used by the public at large. The
irregularity in the shipping services in the Maritime provinces is common knowledge. It can become very uneconomical
for companies to provide transportation services to these provinces. As in the bus industry, where 20 cent per litre
is given as grant from Government, free fiscal duty is granted to inter-island vessels to assist the vessel owners in mitigating the high fuel prices, and
impacting positively on first charge to our people in the Maritime Provinces.
(d) At this point, we have not been able to quantify the exact benefits,
however, we believe that the concession has provided some assistance to producers in the Maritime provinces assisting them in the marketing of their produce
both locally and abroad. It is anticipated that in helping the vessels, the vessel owners through this concession,
overall transportation costs to Maritime producers will be minimised and regular trips will be a norm, and this should favourably impact on our
exports.
HON. P. MUPNAR.- Mr. Speaker, Sir, I thank the honourable Minister for the detailed statistical figures that he has given in his reply to
(b). I would like to ask the honourable Minister that by providing this concession, whether all the islands were
serviced as initially intended under the 2006 Budget, or some of the islands were missed out as they did not meet the purpose or intention that was set out
in the 2006 Budget?
MR. SPEAKER.- Honourable Member, that is not really part of the original question. I think the honourable
Minister may probably have to look into that, because I am sure he has not prepared the names of the islands.
HON. RATU J.Y. KUBUABOLA.- Mr. Speaker, Sir, this assistance is to all vessels. However, another
assistance that is provided is the shipping franchise scheme, to assist those vessels that service the uneconomical routes, which will then be able to
service all the other islands not normally serviced by the normal shipping routes. So, those two assistance will
enable all islands to be serviced.
RESUMPTION OF
DEBATE ON THE
EMPLOYMENT
RELATIONS BILL, 2006
HON. ATTORNEY-GENERAL AND MINISTER FOR JUSTICE.- Mr. Speaker, Sir, in the absence of the substantive Minister for Labour and Industrial
Relations, who is away overseas on official duties, I rise as Acting Minister for Labour and Industrial Relations to reply to the debate on the Employment
Relations Bill, 2006 (Bill No. 8 of 2006). In doing so, Sir, I would first like to make some preliminary
remarks.
Mr. Speaker, Sir, the Bill in its current form, was introduced in this august House by the honourable Minister for Labour on 22nd June this
year. It was then referred (as we all know) to the relevant Sector Committee - the Sector Standing Committee on
Social Services for further scrutiny and consultations. The Report of the Sector Committee was tabled before this
House and the debate on the Bill resumed.
Mr. Speaker, Sir, I am obliged to thank all honourable Members, who contributed to the debate on this Bill. I feel certain that they were in turn, greatly assisted by the findings contained in the Sector Committee's Report (Parliamentary Paper No.
49 of 2006).
Mr. Speaker, Sir, I must now especially thank and congratulate the Chairperson of the Sector Committee and Member for Kadavu Provincial Communal
(K.T. Yabaki), and Members of the current Sector Standing Committee on Social Services, who have continued the good work started by the previous Sector
Standing Committee on Economic Services before tabling their comprehensive report to this august House, together with their valuable
recommendations. Sir, their critical evaluation of Government policies reflected in the Bill, has helped us further
improve on the quality of the Bill. Sir, I shall not traverse in detail the comments made by the honourable Members
who contributed to the debate on this Bill, but I wish to thank all of them for their general support for the Bill, and to assure them that all the issues
they raised and the comments they made will be taken into account, particularly in the implementation of the Bill.
Mr. Speaker, Sir, we all acknowledge that this is a very important Bill, comprising a total of some 265 clauses and eight schedules. After consultations with the top officials of the Ministry of Labour and Industrial Relations, we have decided that the best
treatment we can give the Bill by way of our reply to the debate on it, is to go through the recommendations of the Sector Standing Committee on Social
Services, as contained in its Report and to indicate Government's reaction to each of those recommendations. I
will then also address and explain the reasoning behind the amendments to the Bill, as proposed in the Notice of Amendments already circulated to honourable
Members.
Sir, the Sector Committee's substantive recommendations are outlined on pages 320 to 325 of the Report itself. Out of a total of 265 clauses and eight schedules of the Bill, the Committee recommended amendments to 30 clauses and one
schedule. Sir, I need to assure this august House that the Sector Committee's recommendations have been very
carefully studied by Government, in order to take into account the intent of the many written, as well as oral submissions received by the Sector Committee,
and the Sector Committee's own reasoning behind its recommendations after its clause by clause analysis and deliberations. In this assessment, Sir, we
have also taken into account the contributions made by honourable Members during the debate on this Bill.
Mr. Speaker, Sir, of the 30 clauses and one schedule proposed by the Sector Committee for amendments, Government has agreed to amend a total of
27 clauses and three schedules, which means we went ahead and made amendments to two other schedules, although they did not arise out of the recommendations
of the Sector Committee Report. Sir, as has been our practice, all minor editorial amendments will be left to the
Secretary-General to make, pursuant to powers vested in her under Standing Order 67(4). If I miss out any necessary
editorial amendments, I have no doubt that the Secretary-General will pick those up.
Sir, the more significant amendments as proposed by the Sector Committee basically fall within these 14 areas of the Bill, and they
are:
(a) the definition of redundancy;
(b) no wages on detention or imprisonment;
(c) medical examination in contract of service;
(d) flexibility to sell annual leave;
(e) shift worker entitled to paid public holidays;
(f) redundancy pay;
(g) officers of trade unions assisting other unions;
(h) timeline for CEO positions of the Ministry;
(i) secret ballot for a strike;
(j) amendment of Schedules 1 to 8;
(k) appointment of chairpersons to the Wages Councils (Schedule
3);
(l) reduction in list of essential services (Schedule
7);
(m) removal of trade union recognition; and
(n) maternity leave.
Mr. Speaker, Sir, there will be a couple of amendments which Government has proposed in addition to the ones recommended by the Sector Standing
Committee. Before I begin to go through the various recommendations of the Sector Committee, I would like to explain
two particular issues, which have given rise to closer scrutiny by Government after the tabling of the Sector Committee's Report. They concern maternity leave and trade union recognition.
Mr. Speaker, Sir, Government agreed on maternity leave with the current policy under the Bill, for employers to pay maternity leave for all
births, as reflected under Part 11. After considering the diverse views expressed by shareholders, however,
Government has considered it prudent that any amendment at this stage should have maternity leave payment for all births, but with a graduated
scale.
In this regard, Sir, it is agreed that the maternity leave provision be amended, to ensue that only the first three births be fully paid and
thereafter, half payment for all other births. Sir, I believe, this is consistent with both the
here you go gdev, highlighted from the article itself - Qarase's own words...and remember that was still at the starting when it was 9 million, as we all later learnt it blew out to 18 million
Qarase, who is the leader of the Soqosoqo Duavata ni Lewenivanua (SDL) and Prime Minister in the caretaker government, was accused
of vote-buying and abuse of public funds.
He later clarified in a press release that the donations were from his personal savings.
Meanwhile, the Sun reported today that allegations of abuse of funds under the caretaker government's affirmative action plan had been
investigated.
This included the alleged misuse of more than $9 million from the Ministry of Agriculture's farming assistance programme.
==============
anything else gdev ?
you see unlike you i back up what i say with sources and facts.
SUVA - Despite being declared free and fair by international observers, Fiji's 2001 general election was riddled with fraud and corruption.
The most recent scandal to emerge involves the interim government spending up to F$30 million of public funds to buy Melanesian-Fijian votes.
The "interim" government, led by Prime Minister Laisenia Qarase and the Melanesian-chauvinist Soqosoqo Duavata ni Lewenivanua (SDL) party, was
installed by the Fiji military after the 2000 coup. The coup was staged by members of the ultra-chauvinist Conservative Alliance/Matanitu Vanua, with which
the SDL now forms a coalition government.
The judiciary ruled that under Fiji's constitution, the elected Fiji Labour Party government, overthrown in the coup, remained the legal government.
The SDL was forced to call a new general election, which was held in August 2001.
In the months before the election, Qarase and members of the SDL illegally used public money to secure the votes of Melanesian Fijians by introducing an
"affirmative action" program called the Farming Assistance Scheme (FAS). The scheme offered free farming implements to Melanesian Fijians in rural
communities, some of whom received up to F$500,000 worth of equipment.
Three months prior to the election, the Court of Appeal ruled that the FAS was illegal as it had not been legally approved by parliament. While similar
assistance schemes had been legal under previous governments, they had required beneficiaries to contribute a proportion of the funds needed to purchase
equipment. The Qarase-led government ignored this requirement when it introduced the FAS.
Following the Court of Appeal ruling, Qarase recommended that parliament urgently release more than F$23 million for use in the FAS. As a direct result,
more than F$16 million was spent in the three months before the general election.
Provinces where SDL candidates had previously been elected with narrow margins were targeted for FAS funds. Rotuma, where candidate Marieta Rigamoto beat
her only opponent by just 0.76% of the vote in the previous general election, received up to F$500,000 worth of equipment under the FAS. The money did not go
to struggling individuals but to the local council and unelected village chiefs.
Qarase and other SDL members involved in the scam rejected a recent parliamentary motion for a judicial inquiry into the FAS. After this motion was
rejected, a writ of summons was filed against 11 SDL cabinet members, including Qarase, for misuse of public funds.
Despite the court summons, and Qarase's own acknowledgement that funds may have been misused under the scheme, he is recommending F$3 million be
allocated for a similar program to begin this year.
SUVA - Since the flawed August 2001 general election, which legitimised and formalised the 2000 military overthrow of the democratically elected
Fiji Labour Party government, Prime Minister Laisenia Qarase has refused to honour his constitutional obligation to include FLP members in the
cabinet.
Under Fiji's constitution, any party that receives more the 10% of the vote is entitled to proportional representation in cabinet. In the election,
won by Qarase's Melanesian-chauvinist Soqosoqo Duavata ni Lewenivanua (SDL) party, the FLP won 27 of the 77 available seats. These included all but one
of the 19 seats constitutionally reserved for Indian Fijians, who make up 44% of the population. According to the constitution, the FLP is entitled to eight
seats in cabinet.
The SDL won 31 seats, including the majority of the 23 reserved for Melanesian Fijians. Controversially, the SDL won the five open seats in the capital,
Suva. It was widely expected that the FLP would win these seats. In these constituencies, many votes for the FLP were declared invalid, while many votes for
the SDL had been filled in with red pens, which are supposed to be used only by election officials.
The SDL fell six seats short of the outright majority needed to form a government in its own right. It joined forces with another Melanesian-chauvinist
party, the Conservative Alliance/Matanitu Vanua (CAMV), which won six seats, to form a coalition government. One of the CAMV seats was won by 2000 coup
leader George Speight, who has since been expelled from parliament and is serving a life sentence for treason.
On September 12, Qarase blatantly ignored the constitution by naming a 20-member cabinet that excluded the FLP. The SDL-dominated cabinet also included
two members of CAMV, one from the New Labour Unity Party and two independents. No cabinet member is of Indian ancestry.
Ever since, the FLP has been battling in the courts to be represented in the cabinet. Many believed the party had finally won that battle when the High
Court ruled on April 24 that the SDL must appoint FLP members to the cabinet and pay the party's $38,000 court costs.
However, Qarase has continued to defy the court and the constitution. The government is now seeking a Supreme Court ruling on the issue. After weeks of
excuses, even Qarase has admitted that he is breaching the constitution. However, he claims he is doing so in Fiji's "best interests".
SDL ministers have claimed that a deal was made between the SDL's and FLP's lawyers, in which FLP leader Mahendra Chaudhry supposedly agreed that
he would not enforce a court ruling in favour of the FLP. They have failed to explain why Chaudhry would bother taking the case to court if such an agreement
was in place, or what would compel him to make such an agreement in the first place. Chaudhry denies that such a deal was made.
Qarase was being more truthful when he stated that he believes the constitution is now redundant and that it is not simply a matter of complying with the
law. The government operates "in a political context" which requires Qarase to use his own judgement.
Destroying the political rights of Indian-Fijian minority contained in the constitution has been one of Qarase's overarching goals since he was
appointed "interim" prime minister by the Fiji military after martial law was declared soon after Speight's May 19, 2000, coup.
Qarase was negotiating with Speight on the composition of an "interim government" dominated by the Melanesian-Fijian elite, and busily drafting
a new constitution that would discriminate against Indian Fijians, when the High Court ruled on November 15, 2000, that the 1997 constitution was still
legally in effect and that Chaudhry was still Fiji's prime minister.
After unsuccessfully appealing the ruling, Qarase was forced to agree to call a general election conducted under the 1997 constitution.
SUVA - Parading as a champion of the poor and landless, Fiji's Prime Minister Laisenia Qarase is backing two parliamentary
bills that will transfer government-controlled land to the Native Land Trust Board (NLTB), the authority that manages land on behalf
Melanesian Fijians.
Qarase, who is a member of the Melanesian-chauvinist Fijian United Party (SDL), accused the bill's opponents, which include the Fiji
Labour Party, of having no respect for "indigenous land rights" and using "political double-speak" to hide their
"racism".
The bills, approved in the Senate on April 27, reduce land under state control to around 1% of the total and increases that under NLTB
control from 83% to more than 90%, despite the fact that the body represents only 51% of Fiji's population.
The 119,000 hectares of land includes almost 3000 areas of land that are leased to mainly Indian-Fijian farmers under the Agriculture
and Landlord and Tenants Act (ALTA), which will now be administered under the Native Land Trust Act (NLTA), the legislation which governs
the NLTB.
The NLTB is a corporate body, established in 1940 by the Great Council of Chiefs, a group of elite Fijian men with chiefly titles
through which the British colonial authorities ruled Fiji.
The GCC retains a strong advisory role in nominating senators, and also has seats in the Senate (which in Fiji is appointed by the
government, which controls the House of Representatives). The GCC has close political ties with the NLTB.
The NLTB administers leased land owned by the Melanesian Fijians clans. A board of 12 unelected members from Fiji's Melanesian elite
(including Qarase) control the body.
The NLTB creams off 25% of all rent money collected. A further 23% is distributed to chiefs within the country's mataqali
(clans), leaving just 52% to be distributed to remaining clan commoners. This system enriches the chiefly elite, causes discontent among
Melanesian commoners, as well as uncertainty for non-Melanesian tenants.
The NLTA sharply reduces small tenants' rights. Whereas the ALTA prescribes 30-year leases with guaranteed renewal, and rent fixed
at 6% of the value of unimproved land, under the NLTA, the NLTB is free to reduce the term of the lease (to as little as two years) and can
refuse renewal on the basis that Melanesian Fijians need the land.
Since 1997, the NLTB has on many occasions refused to renew the leases of Indian-Fijian farmers. Indian Fijians make up 45% of
Fiji's people but have few rights to land. Where leases have been renewed under the NLTB's control, rent has increased because rent
is calculated on the improved value of the land.
Opponents of the bills point out that the transfer of land to the NLTB will not improve the situation of Melanesian Fijians (other than
the small elite). But it will have a devastating effect on the country's economy, which depends on sugar cane and other primary produce
for more than 50% of its exports, and on the 150,000 Fijian citizens who depend directly on the sugar industry for their livelihood.
Without long-term leases and guaranteed renewal, small cane farmers will not invest in land. Productive land is likely to simply lay
idle, while those who have previously depended on it will struggle to survive. Fiji "will witness a growth in landlessness, squatting,
poverty and other social problems", economist Mahendra Reddy predicts.
Qarase has whipped up racism to achieve the passage of the bills. He has argued that NLTB control benefits all Melanesian Fijians
because, at the moment, Indian-Fijian farmers "control" the land to the disadvantage of poor Melanesians.
In reality, Qarase is nothing more than a servant of the Fijian rich. He is interested only in propping up the country's
undemocratic and apartheid-like systems of political control by playing off working-class Fijians of different ethnic backgrounds against
each other.
Melanesian-Fijian commoners will gain much more by uniting with working-class Indian Fijians and challenging the undemocratic political
structures which keep both groups subordinated.
to make "vote-buying" transparent and illegal. What has Franko done besides engage in popularity buying himself? Seems like Franko is handing out
taxpayer funds to apologist areas ever other day.
How about the dictator do something constructive with his power.
Strengthen anti-corruption with police, judicial, and parliamentary back up.
Until then, you guys are blowing hot air. Fix the law, then convict them, that is common sense.
Your hot air is just a smoke screen for Franko's criminality.
GDev it is a losing battle to try and defend Qarase on this board, we all know, we all lived through it with his corrupt administration, selling the natural
ocean resources to Foreigners for VOTES!!! Spending tax payers money for VOTES!!!! Trying to do the Qoliqoli Bill to feather his and his mataqalis nest!!! just
to mention a few. You talk about democracy under Qarase, try it on another board, but it is not going to fly on this one. . IF FB goes down the same road we
will all know as well and be just as righteously indignant as we are about LQ, but at least we wil have the fall back of saying Well it wasn't technically
a democracy.
For all intents and purposes and here is the irony, if he is a "dictator" conceivably he could gun everyone down in the streets, take all the land,
not ask anyone's permission for anything and run off to South America with all the money. I, for one am kind of glad he decided not to go down that road.
GDev it is a losing battle to try and defend Qarase on this board, we all know, we all lived through it with his corrupt administration, selling the
natural ocean resources to Foreigners for VOTES!!!Spending tax payers money for VOTES!!!! Trying to do the Qoliqoli Bill to feather
his and his mataqalis nest!!! just to mention a few. You talk about democracy under Qarase, try it on another board, but it is not going to fly on this one. .
IF FB goes down the same road we will all know as well and be just as righteously indignant as we are about LQ, but at least we wil have the fall back of
saying Well it wasn't technically a democracy.
For all intents and purposes and here is the irony, if he is a "dictator" conceivably he could gun everyone down in the streets, take all the
land, not ask anyone's permission for anything and run off to South America with all the money. I, for one am kind of glad he decided not to go down that
road.
1.Foreigners Dont Vote.
2. I would think that at your age you would have figured out that Spending tax payers money for VOTES! is what Politicians Do its how government works unless
its a Dictatorship. See Frank doesnt have to care what the people think.
3."If he is a dictator" bwahahahahahahahahahahahahaha.
LOL and I would think that at your age you would know that I know foreigners don't vote BUT they sure can put a lot of bribes into the campaign fund and
into the pocket. Just because something is "done" doesn't make it right.
The other thing that you and GDev do is call some thing a lie before the fact. I don't know but it seems to me if someone tells me something I can't
call them a liar until after the day is done and they actually didn't do it. Only then are the facts in, not the suppositions and assumptions of what you
think the outcome will be. No one knows the outcome of any situation until it is over, and that includes this one. That is not to say this is an ideal
situation, NOR was it an ideal situation under Qarase.
But not to change the subject...but I see your girl Palin is resigning office??? Very strange indeed? It seems to me if she couldn't handle the blood bath
politics of being a Governor, it begs one to question how she would have done as VP of the United States of America. Funny how things work out.
introduces, debates, passes, and enforces anti-corruption laws.
I would also like to know if the difference "buying votes" and undertaking programs for the people is whether it favours Indians or not - providing
basic agricultura tools for subsistence farmers is "buying votes" while providing a free $28K to displaced Indian farmers is not?
Until you have guidelines, definitions, and laws which govern these behaviors you can give up trying to make PM Qarase a scapegoat. It is completely obvious by
now that you have nothing real on the elected PM.
I suggest that you also have laws on campaign financing so "monied" races do not have any advantage of those without much money.
I am sure you suffered under the Qarase regime and that is why you promote and armed overthrow and loss of human and political rights under a self-avowed
criminal who it anounced back in 2003 that he would overthrow the government in order to keep his job.
Are you comfortable with a regime which has ruined so many families and forced their daughters into prostitution? That is the only industry burgeoning under
Franko, and he can be directly blamed for this crime against humanity, besides murder coverup and treason.
But by all means harp on about PM Qarase. I see the charges brought against him by the Franko regime have nothing to do with your allegations.
Speaking of buying votes, who paid for the army to involve themselves in campaigning against the SDL in 2006? Who paid for the samycharter, better known as the
regime manifesto? Who is paying for all the illegal military, foreign, and other appointees in a government designed primarily to subdue and fleece the Fijian
People? Who pays for a regime which has systematically destroyed every major export industry in Fiji, destroyed international relations with all major trading
partners, reduced the population to over 50% at the poverty level, and put female family members on the streets selling their bodies to survive.
Why in the world would you be focused on something as nebulous as "buying votes" (at least they are votes) when you have criminals unabashedly
selling Fijians down the river into poverty, prostitution, landlessness, and caste untouchability? Is this a smokescreen to hide Franko's crimes against
humanity?