PARLEMENT DE LA PARLIAMENT OF THE REPUBLIQUE DE REPUBLIC OF VANUATU

ELEVENTH LEGISLATURE FIRST SPECIAL SITTING OF 2019 29 MARCH 2019

ONZIEME LEGISLATURE PREMIERE SEANCE SPECIALE 2019 29 MARCH 2019

SUMMARISED PROCEEDINGS PROCES -VERBAUX CERTIFICATION

The Minutes of Proceedings, which appear in the following book have been established by the Clerk of Parliament, have been amended and confirmed by Parliament in accordance with the provisions of the Standing Order 18 of Parliament.

Raymond MANUAKE Speaker of Parliament Clerk of Parliament ELEVENTH LEGISLATURE OF PARLIAMENT

SPECIAL SITTING OF 2019

29 March 2019

Speaker of Parliament

His Excellency, Hon. Esmon SAIMON

Parliament Office-Holders

First Deputy Speaker -Hon. Edwin Amblus MACREVETH

Second Deputy Speaker - Hon. Toara Daniel KALO

Third Deputy Speaker - Hon. Jack WON A

Fourth Deputy Speaker - Hon. Marcellino BARTHELEMY

Leader of the Government in the Parliament — Hon. Chariot SALWAI Tabimasmas

Deputy Leader of the Government in the Parliament — Hon. Bob LOUGHMAN

Leader of the Opposition - Hon. ALATOI Ishmael Kalsakau

Deputy Leader of the Opposition - Hon. William Fred TASSO

Leader of Government Business — Hon. Gillion WILLIAM

Government Whip - Hon. - Kenneth NATAPEI

Opposition Whip - Hon. - Gracia SHADRACK GOVERNMENT OF THE REPUBLIC OF VANUATU (These Ministers constitute the Cabinet and -were in office on 29 March 2019)

Prime Minister and Minister of Public Hon. Chariot SALWAI Tabimasmas Service

Deputy Prime Minister and Minister of Hon. Bob LOUGHMAN Trade Industry and Commerce

Minister of Infrastructure and Public Hon. Christopher EMILEE Utilities

Minister of Foreign Affairs, External Hon. Trade and Telecommunication

Minister of Internal Affairs Hon. Andrew NAPUAT

Minister of Finance and Economic Hon. Gaetan PIKIOUNE Management

Minister of Agriculture, Forestry and Hon. Hosea NEVU Fisheries

Minister of Health Hon. Norris KALMET

Minister of Education Hon. Jean Pierre NIRUA

Minister of Lands, Geology and Mines Hon. Alfred MAOH and Water Resources

Minister of Justice and Social Welfare Hon.Don Ken NMALAMUMOMU

Minister of Youth and Sports Hon. Simeon SEOULE

Minister of Climate Changes Hon. Ham LINI Vanuaroroa.

ii ELEVENTH LEGISLATURE OF PARLIAMENT

SPECIAL SITTING OF 2019

29 March 2019

ALATOI, Hon. Ishmael Kalsakau Member for UMP

ATI, Hon. Marc Member for Luganville VP

BARTHELEMY, Hon. Marcellino Member for Malekula RMC

EDWIN, Hon. Amblus Macreveth Member for Santo FMP

EMELEE, Hon. Christopher Claude Member for Torres VNDP

KALMASEI, Hon. Ronald Warsal Member for Santo VP

KALMET, Hon. Norris Member for Efate RMC

KALO, Hon. Toara Daniel Member for Shepherds VP

KALO, Hon. Seule Member for Port Vila VP

KALSAKAU, Hon. Joshua Tafura Member for Efate VLP

KALSAKAU, Hon. Ephraim Member for Efate PTV

KANAS, Hon. Jerry Member for Efate LPV

KILMAN, Hon. Sato Member for Malekula PPP

KOANAPO, Hon. Johnny Rasou Member for Tanna VP

LANO, Hon. Kalo Pakoa Songi Member for Tongoa VP

LENGKON, Hon. Bruno Member for Ambrym NUP

LINI, Vanuaroroa, Hon. Ham Member for Pentecost NUP

LOUGHMAN, Hon. Bob Member for Tanna VP

LUDVAUNE, Hon. Jerome Member for Malekula RMC

MAHE, Hon. Rick Tchamako Member for Santo RMC

MAOH, Hon. Alfred Member for Santo GJP

iii MATA, Hon. Jacob Member for Ambae NAG

MELVE, Hon. Silas Bule Member for Pentecost NUP

NALING, Hon. Tomker Netvunei Member for Tafea Outer Islands RMC

NAP AT, Hon. Jotham Member for Tanna LPV

NAPUAT, Hon. Andrew Solomon Member for Tanna GJP

NATAPEI, Hon. Kenneth Member for Port Vila VP

NATUMAN, Hon. Nakou Member for Tanna RMC

NEVU, Hon. Hosea Rothul Ovock Member for Santo VP

NGWELE, Hon. Jay Member for Ambae VP

NIPO, Hon. Jimmy Member for Tanna LPV

NIRUA, Hon. Jean Pierre Member for Port Vila RMC

NMALAMUWOMU, Hon. Don Ken Member for Malekula PSP

PIKIOUNE, Hon. Gaetan Member for Santo VLM

REGENVANU, Hon. Ralph Member for Port Vila GJP

SALMON, Hon. Esmon Member for Malekula VP

SALA, Hon. John Member for Malekula GJP

SAL WAI, Hon. Chariot Tabimasmas Member for Pentecost RMC

SAMSEN, Hon. Samson Member for Santo VPP

SEOULE, Hon. Simeon Member for Epi RMC

SEREMAIAH, Hon. Matai Member for Luganville LPV

SHADRACK, Hon. Gracia Member for Malekula LPV

TABISAL, Hon. Chani Francois Member for Pentecost LPV

TASSO, Hon. William Fred Member for Paama PTV

TONGOLILU, Hon. Daniel Isaac Member for Epi VP

iv VIRA, Hon. Alickson Member for Ambae AIP

WARAWARA, Hon. Uri Member for Malo/Aore GJP

WILLIAM, Hon. Gillion Member for Efate GJP

WILLIAMS, Hon. Albert Abel Member for Ambrym VP

WILSON, Hon. Ian Member for Maewo LPV

WONA, Hon. Jack Member for Banks VNDP

NOAM, Hon. Iouniwan Tom Member for Tanna VNDP

Political Party Abbreviation

Angai - Tagaro Indigenous Party AIP (1) PTV Parti Travailliste du Vanuatu (2' FMP Fren Melanesian Party (1) RMC Reunification Movement for Change (9) GJP Graon mo Jastis Party (6) UMP Union of Moderate Party (1) LPV Leaders Party of Vanuatu (7) VLM Vanuatu Liberal Movement (1) NAG Nagriamel (1) VLP Vanuatu Labour Party (1) NUP National United Party (3) VNDP Vanuatu National Development Party (3) PPP People’s Progressive Party (1) VP Vanua’aku Party (13) PSP People Service Party (1) VPP Vanuatu Presidential Party (1)

v PARLIAMENT OF THE REPUBLIC OF VANUATU

ELEVENTH LEGISLATURE OF PARLIAMENT

SPECIALSITTINGOF2019

FRIDAY 29 MARCH 2019

SPEAKER The Hon. Esmon SAIMON, Member for Maleukla

PRESENT 50 Members

ABSENT The Hon. Sato KJLMAN, Member for Malekula The Hon. Francois Chani TABISAL, Member for Pentecost

LATE

1. The sitting commenced at 9.10a.m.

2. The Hon. Speaker SAIMON declared that the quorum required for the sitting to be legally constituted to proceed with its agenda, was attained. After saying the Prayer, he greeted and welcomed the House to the Special Sitting of 2019, then read the agenda.

3. Due to technical problems with the microphones, the Hon. Speaker suspended the sitting to allow the responsible people have it fixed.

4. The sitting was suspended at 9.25am and resumed at 9.40a.m.

BILL FOR THE CONSTITUTION (SEVENTH) (AMENDMENT) ACT NO. OF 2019

FIRST READING

5. The Hon. Chariot SAL WAI, Prime Minister and Member for Pentecost, introduced the Bill, stated its purpose and then moved that the Bill be read a first time.

6. The Hon. Gracia SHADRACK, Member for Malekula, referred to Standing Order 34(2) and stated that a case was filed in Court on December 18, 2018 on the subject: Parliamentary Secretaries.

7. The Hon. Speaker SAIMON asked that Mr. Raymond MANUAKE, Clerk of Parliament to advice the chair on the latter. He then ruled that the pending case had nothing to do with the Bill for the Constitution (Amendment) and that Parliament may proceed. 8. The Hon. ALATOI Ishmael Kalsakau, Leader of Opposition and Member for Port Vila, explained that a case was filed on December 18, 2018 and considering the separation of power, Parliament shall not discuss on any Court matters. He then asked the Hon. Speaker to be cautious about his ruling as he had disallowed discussions on Court matters in Parliament in the past.

9. The Hon. Ronald Warsal KALMASEI, Member for Santo, explained that the Court case was different from the Bill. He made it clear that Parliament was only playing its role by legislating. He said there was no commencement date in the Bill; therefore, it would not affect any pending court cases.

10. The Hon. ALATOI, Leader of Opposition asked the Speaker to obtain an independent legal advice and use it to be consistent with his ruling. He added that the SO of Parliament forbids the House to discuss Court matters.

11. The Hon. Speaker SAIMON referred to SO 34(2), which refers to the 'question' that shall not refer to any judicial matters, and not the Bill.

12. The Hon. Jotham NAP AT, Member for Tanna, stated that the relevance of the Bill was based on the positions of the Parliamentary Secretaries. He explained that one could not speak on the substance of a Court case in Parliament.

13. The Hon. ALATOI, said that the Speaker must seek independent legal advice, as it was a sensitive issue. He said Standing Orders are there to guide the House; therefore, the Hon Speaker must reconsider his ruling.

14. The Hon. Ralph REGENVANU, Minister of Foreign Affairs and Member for Port Vila, explained that the Government has obtained advice from the State Law Office who are the same people who drafted the Bill. He explained that the aim of the Government was to make changes to the Constitution and that SO 34 refers to 'question'. He said Members of this House have been elected by the people and are responsible to accomplish the wish of their people and to vote for a Bill that is important for the future. He concluded that the Parliament Secretary (PS) positions needed to be legalized.

15. The Hon. Bob LOUGHMAN, Deputy Prime Minister and Minister of Trade, Commerce, Industry and Tourism and Member for Tanna, referred to and read SO 45. He then kindly asked the Members to abide by that section and that the Speaker has made his ruling.

16. The Hon. ALATOI insisted on getting the Speaker to seek independent legal advice without taking advice from the Opposition or the Government side, nor that of the SLO. He then stressed that it was important to do so before he made his ruling.

17. The Hon. Andrew NAPUAT, Minister of Internal Affairs and Member for Tanna, explained that the Bill aimed at legalizing positions that already existed. He asked the House to abide by the Hon. Speaker’s ruling to avoid contradiction.

18. The Hon. Speaker SAIMON said he will adhere to his ruling and Parliament will proceed with its agenda.

2 The Hon. Speaker SAIMON said he will adhere to his ruling and Parliament will proceed with its agenda.

The Hon. Jimmy Nipo NANUMAN, Member for Tanna, referred to the separation of power and said the SLO provides advice for Executive and not for the Legislative body. He said the Speaker must obtain independent legal advice to avoid conflict of interest and to stop being biased.

The Hon. Speaker explained that the State Law is the Lawyer of the Government and for himself as well. He continued that if he had to seek independent legal advice; the State Law Office would have to authorize him to do so.

The Hon. Hosea NEVU, Minister of Agriculture, Livestock, Bio-Security, Forestry and Fisheries and Member for Santo, said that the House was going around in circles while the Government has already sought legal advice on the matter. He explained that the Bill was part of the 100- day plan of the Government and that the former Minister of Infrastructure and Public Utilities who is now a Member of the Opposition has been part of the Council of Ministers when the policy was approved.

The Hon. ALATOI, stated that the Members who were given the right to speak are respondents of the case.

The Hon. Christopher EMELEE, Minister of Infrastructure and Public Utilities and Member for Torres, made reference to SO 39(3) which provides for a Member to be allowed to speak three times, then said that the Parliament is not a Court room.

The Hon. SHADRACK asked the Government to suspend SO 34(2) and to proceed with the Bill because it has the majority.

The Hon. KALMASEI said the Hon. Speaker was not in the position to seek independent legal advice; however, all legal advices must come from the State Law Office.

The Hon. Jay NGWELE, Member for Ambae congratulated the Prime Minister regarding the Bill that it would address political instability as the case leading to the imprisonment of 14 former Members of Parliament (MPs). He said he was with the 42 MPs of the Government who are willing to vote for the Bill in order to defend the integrity of MPs who were voted to represent the people.

The Hon. Prime Minister SALWAI said he believed that the Bill would not interfere with the ongoing legal case which was intended to challenge the legality of the appointments of the Parliamentary Secretaries (PS) made in 2016 according to legal advises received from the Government and current Leader of Opposition. He explained that the purpose of the Bill is to legalize and create a clear provision in the constitution that provides for appointment of the Parliamentary Secretaries. He added that the Government had sought legal advice that the Bill would only be effective from the date of commencement as gazetted and not retrospective to avoid any prejudices that could interfere with the case in court. He then suggested to the Members of the opposition to consult with the State Law Office, should they need more advice.

3 29. The Hon. Speaker SAIMON ruled that he was satisfied and agreed that the Bill be passed in Parliament, however, should there be any matter regarding the Bill, it can be challenged in court.

30. The Hon. Jotham NAP AT, Member for Tanna, said that the Hon. KOANAPO was the only one that had displayed a good performance as a Parliamentary Secretary. He then asked the PM to confirm whether there were any performance appraisals made for the Parliamentary Secretary. He said there is no significance of legalizing the PS positions when Ministries have qualified directors and civil servants.

31 The Hon. William Fred TASSO, Deputy Leader of Opposition and Member for Paama reminded the House that the Parliament has just legalized the increased of MP allocations, thus, he anticipated a big public expenditure relating to these areas in detriment of other priority sectors such as Health and Education that suffered from lack of budget. He said he doubted that the Amendment was in the best interest of the people.

32. The Hon. Jimmy Nipo NANUMAN, Member for Tanna, said he believed that the Amendment was introduced to cover the lack of capacity of Ministers. In addition, he said there were already technical people so he did not see the importance of legalizing PS positions.

33. The Hon. Silas Bule MELVE, Member for Pentecost, supported the Bill since the ministries were overloaded with responsibilities. He stated that the PS would serve as support to the Ministers to best meet the needs of the people.

34. The Hon. Christopher EMELEE, Minister of Infrastructure and Public Utilities and Member for Torba, clarified that these posts were not created by this current government but the previous one via a person’s written approval, meanwhile, the current government now has to deal with the issue.

35. The Hon. Simeon SEOULE, Minister of Youth and Sports and Member for Epi, stated that the establishment of these PS positons would ease the load from Ministries. He continued that the Government had the majority of the MPs that would enable it to amend the Constitution to improve the development of this Nation.

36. The Hon. Toara Daniel KALO, Member for Shepherds, acknowledged the Government for introducing the Bill and asked if there was any intention to reduce the number of Political appointees. He said he believed that the decisions initiated by the Government were important; therefore, we also had to consider the cost implications of these decisions.

37. The Hon. Jean-Pierre NIRUA, Minister of Education and Member for Port Vila, declared that the Prime Minister would be responsible to choose its Ministers and PS. He said questioning the capacity of Ministers to deliver is an insult to their voters. He then reaffirmed that the budget comfortably caters for these Positions.

38. The Hon. Seule KALO, Member for Port Vila, supported the Bill and said it was introduced in time to move the country forward. He added that it would establish some guidelines regulating the duties and responsibilities of PS in order to perform as expected.

4 The Hon. Joshua KALSAKAU, Member for Efate, declared that it was a necessary challenge to face when making decisions that would affect the advancement of the Nation in the future. He added that the Bill was intended to address public service delivery, thus, declared his support towards the Bill.

The Hon. Ephraim KALSAKAU, Member for Port-Vila, said PS positions were established because there were no work plans within the Ministries. Thus, he recommended a referendum relating to the amendment of the Constitution, then declared that he would not support the bill.

The Hon. William Fred TASSO, Deputy Leader of Opposition and Member for Paama, thanked the Speaker for allowing him to comment the second time. He highlighted the fact that Ministers already have assistance provided by Director Generals, Directors and technical employees. Thus, he suggested a restructuring of political employees within the Ministries.

The Hon. Ronald Warsal KALMASEI, Member for Santo, said that the system was already being used in other countries, thus, Vanuatu is trying to adopt it so that it could assist in its development.

The Hon. Andrew NAPUAT, Minister of Internal Affairs and Member for Tanna, said that it was time to adopt the Bill to pave a way for qualified MPs in the future legislatures who will be of great need to assist Ministers. He then highlighted his optimistic spirit for the future of the country.

The Hon Prime Minister SALWAI thanked all the members who had contributed through questions and comments and reminded that the geography of the country should be considered as well. He thanked Hon. Joshua KALSAKAU for his comment and said that the Government had two proposals: one of which, has already been addressed by this bill, whilst the other has been removed. He responded with affirmation to the doubtful question of the necessity of this bill and added that it was not only a matter of having the political will but also the competent people to enforce policies of the Government. He then informed the House of a detailed financial report on the financial repercussions of the Government policies. He also emphasized the right of the people to choose their representatives whereby a modification requiring a level of education would limit his right. With respect to the question posed by the Deputy Leader of Opposition, he responded that there was a need to put in place an effective system for service delivery to the grassroots and elsewhere the Government intended to put in place a development budget for the next legislature. Regarding the question of the capacity of Parliament Secretaries (SP), he explained that it was not only about their capacity but also about their efficiency. Moreover, he stressed the burden of the work expected from ministries which the need for PS and the separation of government portfolios. He concluded by insisting on the necessity of the proposal in the Constitution in order to be able to make amendments to the related bills later on.

The motion that the bill for the Constitution (Seventh) (Amendment) Act No. of 2019 be read a first time was carried by 42 votes in favor and 7 votes against.

5 COMMITTEE STAGE

Section 1, “Amendment”

Amendment 1, “Subarticle 40(2)”

46. Seconded by the Hon. Deputy Prime Minister and Member for Tanna Bob LOUGHMAN, the Prime Minister SALWAI proposed to repeal Amendment 1 so that Amendment 2 becomes Amendment 1.

47. The motion was approved unanimously.

Amendment 1, “After Article 46” as amended.

48. Seconded by the Deputy Prime Minister LOUGHMAN, Prime Minister SALWAI proposed the parliamentary amendment to paragraph 2 of Article 46 to delete “quarter” and substitute with “two third”.

49. The motion was approved on division.

50. The Hon. JOSHUA asked if the Hon. Prime Minister would also include the Opposition as Parliamentary Secretaries.

51. The Hon. Matai SEREMAIAH, Member for Luganville questioned why that parliamentary amendment to replace “quarter” with “two thirds”. Secondly, he agreed that the Prime Minister must delegate some responsibilities from the Ministers to Parliamentary Secretaries, however, some PS were appointed on valid reasons whilst some on other agendas out of PS responsibilities, quoting the PS of Fisheries Department who is also the Chairman of the Taskforce of Utilities, thus, sought clarification on this.

52. The Hon. Ronald Warsal KALMASEI, raised a point of order, and asked if the votes be counted and numbers be clearly stated for legal purposes since it is a Constitutional amendment.

53. The motion to adopt the Parliamentary Amendment, was approved by 41 votes in favor and 7 abstentions.

54. The Hon. Jotham NAP AT asked that the two thirds mentioned in the amendment be clarified because mathematically a decimal number is obtained.

55. The Hon. PM SALAWAI replied to Hon. SEREMAIAH that the reason of amending quarter to two -thirds is to fit in the current planned budget, meanwhile, the Fisheries PS was also tasked to execute duties at Public Utilities to ensure roads are done using the allocated funds. He responded to Hon. NAP AT that the rounding rule should normally be used, so obviously there would be 9.

56. Amendment 1, as amended, was approved by 41 votes in favor and 7 abstentions.

57. The Hon. NANUMAN, clarified that it should be 7 votes against and not abstentions.

6 Amendment 1, as amended, was approved by 41 votes against and 7 votes against.

Section 1, was approved carried by 41 votes in favor and 7 votes against.

Section 2, “Commencement”, was approved by 41 votes in favor and 7 votes against.

SECOND READING

The Hon. Chariot SAL WAI, Prime Minister, appreciated the replies, comments and support from both sides of the house and proposed that the bill be read the second time and do pass.

The motion that the bill be read a second time and do pass was approved by 41 votes in favor and 7 votes against.

The Hon. Speaker affirmed that the bill for the Constitution (Seventh) (Amendment) Act No. of 2019 was the only item on the agenda; hence, thanked the Members for their participation then declared that the Special Sitting of 2019 be closed.

THE SPECIAL SITTING OF 2019 OF THE ELEVENTH LEGISLATURE WAS OFFICIALLY CLOSED AT 11.35A.M

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