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Wed3 Apr2019 PARLIAMENT OF THE REPUBLIC OF FIJI PARLIAMENTARY DEBATES DAILY HANSARD WEDNESDAY, 3RD APRIL, 2019 [CORRECTED COPY] C O N T E N T S Pages Minutes … … … … … … … … … … 870 Communications from the Chair … … … … … … … 870-871 Presentation of Petitions … … … … … … … … 871 Speaker’s Ruling … … … … … … … … 871-878 Presentation of Reports of Committees … … … … … … 878-883 Report - Petition for ITLTB to Review Distribution of Lease & Land Rent … … 884-912 Suspension of Standing Orders … … … … … … … 913-914 Review Report on the USP 2016 Annual Report … … … … … 914-931 Review Report on the FNU 2015 Annual Report … … … … … 932-947 Review Report on the FPCL 2015 Annual Report … … … … … 948-956 Report on the FDB Annual Report 2016 … … … … … … 956-963 Questions … … … … … … … … … … 964-986 WEDNESDAY, 3RD APRIL, 2019 The Parliament met at 9.31 a.m., pursuant to notice. HONOURABLE SPEAKER took the Chair and read the Prayer. PRESENT All Honourable Members were present, except the Honourable Professor B.C. Prasad. MINUTES HON. LEADER OF THE GOVERNMENT IN PARLIAMENT.- Honourable Speaker, Sir, I move: That the Minutes of the sitting of Parliament held on Tuesday, 2nd April, 2019, as previously circulated, be taken as read and be confirmed. HON. A.A. MAHARAJ.- Honourable Speaker, Sir, I second the motion. Question put. Motion agreed to. COMMUNICATIONS FROM THE CHAIR Welcome HON. SPEAKER.- I welcome all Honourable Members to today’s sitting. I also warmly welcome members of the public joining us in the gallery and those watching proceedings on television, the internet and listening to the radio. PL100 Students - University of the South Pacific (USP) & Visitors from Juvenile Centre Honourable Members, we have another group of PL l00 University of the South Pacific students, and also visitors from the Juvenile Centre. I wish to welcome all of them here today. Fiji Parliamentary Reporters Handbook I wish to inform all the Honourable Members that during the refreshment adjournment today, we will have the launch of the Fiji Parliamentary Reporters Handbook, and I invite all Honourable Members to join me then. Birthday Wish Honourable Members, at this juncture, I wish the Honourable and youthful Mitieli Bulanauca, a very happy birthday and many happy returns of the day. (Applause) 3rd Apr., 2019 Speaker’s Ruling 871 But to our visitors today, you are most welcome and I hope you have a very educational and rewarding day. PRESENTATION OF PETITIONS HON. SPEAKER.- Honourable Members, before we proceed, I wish to inform Honourable Members that I have received two petitions for presentation today: from the Honourable Mitieli Bulanauca; and from the Honourable Anare Jale. I wish to advise that I am allowing Honourable Anare Jale’s petition to be presented today, but that I have ruled Honourable Mitieli Bulanauca’s petition, out of order. For the information of the Honourable Members, the Petition from the Honourable Mitieli Bulanauca is seeking Parliament to ensure a fair return and effective participation of resource owners in the development and utilisation of the forest resources. In particular, the Petition seeks to revert the ownership of pine and mahogany plantations to the landowners. I will now give my ruling on the Petition. SPEAKER’S RULING Petition Honourable Members, the Petition is clearly an attempt to get Parliament to take action that is not within the power of Parliament to take. As such, this Petition cannot be allowed under Standing Order 37, clause (2)(b). Honourable Members, it must be emphasised that there are existing written laws that cater for forests, as well as pine and mahogany forests and industries. These include: a) The Fiji Pine Act of 1980; b) Mahogany Industry Development Act of 2010; and c) Forests Act of 1992. These laws make specific provisions for pine and mahogany plantations, as well as for native timber species. Furthermore, under the iTaukei Lands Trust Act of 1940 and the State Lands Act of 1945, numerous iTaukei and State lands are leased for various purposes, including forestry for pine and mahogany. These leases are legal instruments which are issued under written law. Honourable Members, I wish to remind Honourable Members that the Bill of Rights enshrined in our Fijian Constitution prescribes protection of ownership and interest in the land. It also provides for protection from arbitrary eviction. As a Legislative Arm of the State, Parliament has a constitutional duty to ensure that these fundamental rights are upheld, respected, and not undermined in any way. Honourable Members, given the above, it is only improper for Parliament to make any determination with respect to ownership of these leases as legal instruments. Parliament does not have the authority to revert the ownership of lands which are held under a leasehold by any person or entity, including Government companies. Any action with respect to an existing lease must be taken in accordance with the leases. Any matter of enforcement or negotiation of such leases must be addressed in accordance with the established law by the lessor and the lessee who are legal parties to these leases. 872 Speaker’s Ruling 3rd Apr., 2019 Honourable Members, I wish to highlight that leases issued under written law for iTaukei lands for forestry provide for returns to the landowners for the use of their land, including lease premium, lease rental, stumpage, as well as forest levies. Indeed, it is public knowledge that landowners who have leased their lands for pine plantation to Fiji Pine Limited have received an additional lease security bonus payment, amounting to almost $12 million since 2013. Honourable Members, it is therefore clear that any issue with respect to fair returns to landowners, as well as any issue with respect to ownership of land leases, are provided under the terms of the leases issued under the law and as such, it must be dealt with in accordance with those leases. Honourable Members, given that there are adequate legal mechanisms for the leasing of iTaukei lands, any negotiation or renegotiation of any lease is the prerogative of the Executive, with respect to leases taken by the State or any State entity under existing written laws. Such matters are to be addressed by the Executive, and not Parliament. Any legal issue arising must be addressed in a court of law, and not in Parliament. Honourable Members, as I had alluded to in my rulings on 14th February, 2019, with respect to petitions, I wish to reiterate that this Parliament must always uphold and respect the constitutional separation of powers between the Three Arms of the State - those being: . The Judiciary; . The Legislature; and . The Executive. Parliament must not usurp the authority of the Executive and the procedures and the authority that are provided under written law. Honourable Members, the use of Petitions for such a purpose is fundamentally and legally incorrect, and is a clear abuse of Parliamentary process. The constitutional separation of powers between the respective arms of the State must always be upheld, and never jeopardised. Legally binding leases and other instruments issued under a written law must be dealt with in accordance with those leases and instruments, and not by Parliament. Honourable Members, I therefore rule: That the Petition submitted by the Honourable Mitieli Bulanauca is out of order, and will not be tabled in Parliament. Thank you, Honourable Members. We will now proceed to the Petition by the Honourable Anare Jale. Honourable Members, before I give the floor to the Honourable Anare Jale, I wish to advise all Honourable Members that Honourable Jale will move a motion that the Petition be referred to the relevant Standing Committee. After the motion is seconded, Honourable Jale will be permitted to make a statement of up to 20 minutes. As it is a motion moved by the Opposition, the Leader of the Government in Parliament or his designate may respond for five minutes, after which I will put the question. Forty (40) percent of the total Members of Parliament must approve which means there must be 21 Members to vote in favour of the motion in order for it to be agreed to. I hope I have made myself 3rd Apr., 2019 Speaker’s Ruling 873 clear on those points. I now have the honour of calling on the Honourable Anare Jale to move his motion. You have the floor, Sir. Petition by the People of Lau for the Provision of Reliable, Safe and Affordable Shipping Service for the Lau Group HON. A. JALE.- Mr. Speaker, Sir, pursuant to Standing Order 37(5), I move: That the Petition be referred to the Standing Committee under which the subject matter of the Petition falls. HON. P.W. VOSANIBOLA.- Honourable Speaker, I do second the motion. HON. SPEAKER.- Honourable Members, I now call upon Honourable Jale to make his statement. You have the floor, Sir. HON. A. JALE.- Mr. Speaker, Sir, I rise to speak on the Petition by the people of Lau for the provision of reliable, safe and affordable shipping service for the Lau Group. In comparison to the shipping services to other groups in Fiji, the service to Lau is far inferior in relation to reliability, safety and affordability. This Petition, Mr. Speaker, Sir, is the culmination of years of frustration and grave concern, and the people of Lau look to this august House to trigger the initiative to find an acceptable solution and answer to their plight. Mr. Speaker, Sir, I was born and raised in Lau and only came to Viti Levu when I was 14 years old. I maintain a close link to my people and visit my island when time permits. I know, Sir, that there may be some people in this House who know Lau more than me, or may claim to do so. Sir, travelling in a boat is unlike riding in a public or private transport on a road on the mainland.
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