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Wednesday 18 September 2013 DRAFT HANSARD FIFTH DAY ____________________________ Wednesday 18 September 2013 DRAFT HANSARD ____________________________ Subject: Page No. MOTION BY LEAVE ......................................................................................................................................................................... 1 SUSPENSION OF STANDING ORDERS – REARRANGEMENT OF BUSINESS ...................................................................................................................................... 1 COMMISSION OF INQUIRY INTO SPECIAL AGRICULTURE AND BUSINESS LEASES – PAPERS AND STATEMENT – MOTION TO TAKE NOTE PAPER...................................................................................... 2 MOTION BY LEAVE ......................................................................................................................................................................... 4 SUSPENSION OF STANDING ORDERS – RE-ARRANGEMENT OF BUSINESS ..................................................................................................................................... 5 FAMILY PROTECTION BILL 2013 .................................................................................................................................................. 5 MOTION BY LEAVE ....................................................................................................................................................................... 17 SUSPENSION OF STANDING ORDERS – REARRANGEMENT OF BUSINESS .................................................................................................................................... 18 REGIONAL RESETTLEMENT ARRANGEMENTS FOR ASYLUM SEEKERS TRANSFERRED TO PAPUA NEW GUINEA – MINISTERIAL STATEMENT – MOTION TO TAKE NOTE OF PAPER ........................................................................................................................... 18 MOTION WITHOUT NOTICE ......................................................................................................................................................... 27 SUSPENSION OF STANDING ORDERS – RE-ARRANGEMENT OF BUSINESS ................................................................................................................................... 28 MINING OK TEDI MINE TENTH SUPPLEMENTARY (AMENDMENT) BILL 2013 ................................................................................................................................................... 28 MINING OK TEDI MINE CONTINUATION NINTH SUPPLEMENTARY (AMENDMENT) BILL 2013 ................................................................................................................................................... 47 MOTION BY LEAVE ....................................................................................................................................................................... 54 PERMANENT PARLIAMENTARY COMMITTEE ON CONSTITUTIONAL LAWS AND ACTS AND SUBORDINATE LEGISLATION – DISCHARGE AND APPOINTMENT OF CHAIRMAN .................................................................................................................................... 54 ADJOURNMENT ............................................................................................................................................................................ 55 0 FIFTH DAY Wednesday 18 September, 2013 The Parliament met at 10.00 a.m.. There being no quorum present, Mr Speaker stated that he would resume the Chair after the ringing of the bells. Sitting suspended. Mr Speaker again resumed the Chair at 11 a.m., and said the Lord‟s Prayer. MOTION BY LEAVE Mr James Marape (Tari-Pori – Minister for Finance) – I ask leave of the Parliament to move a motion without notice. Leave granted. SUSPENSION OF STANDING ORDERS – REARRANGEMENT OF BUSINESS Motion (by Mr James Marape) agreed to – That so much of the Standing Orders be suspended as would prevent the Prime Minister from presenting the Report of the Commission of Inquiry into the Special Agriculture Business Lease forthwith. 1 COMMISSION OF INQUIRY INTO SPECIAL AGRICULTURE AND BUSINESS LEASES – PAPERS AND STATEMENT – MOTION TO TAKE NOTE OF PAPER Mr PETER O’NEILL (Ialibu-Pangia – Prime Minister) – I present the following Papers pursuant to statute: (a) Commission of Inquiry, March 2013; (b) Commission of Inquiry, Final Report, June 2013; (c) Commission of Inquiry report, June 2013. I ask leave of the Parliament to make statement in relation to these reports. Leave granted. Mr PETER O’NEILL – Mr Speaker, on the 1st July, 2011 the then acting Prime Minister, Honourable Sam Abal established a Commission of Inquiry into the agricultural and business leases. Mr Speaker, on the 14 of March, 2013 the Commission of Inquiry provided me with an interim report, which dealt with the terms of reference (a), (b) and (h) only. This was a outline of the legal authority and processes of issuing SABLs and the assessment of the legal and policy framework. Mr Speaker, in the last session of Parliament I made a parliamentary statement highlighting my dissatisfaction with the commission for its failure to produce a final report. I gave them a deadline of 24 June, 2013 to produce that final report. Mr Speaker, on the 24 June, 2013 I received the final report and the report is comprised of the following documents; Commission of Inquiry into Special Agriculture and Business Lease final report. This was prepared by the Commissioner, John Numapo dated 24 June, 2013. Mr Speaker, this is a document that contains the examination of 17 SABLs and contains the main recommendations of the Commission of Inquiry. 2 Mr Speaker, I also received another document called the „Commission of Inquiry into Special Agriculture and Business Leases‟ dated 13 June, 2013 which was prepared by Commissioner Nicholas Mirau. Mr Speaker, this document contains the overview of the administrative procedures and legal requirements of issuing SABLs. Furthermore, the examination of an additional 25 SABLs with some more general recommendations were made in that report. Mr Speaker, the Commission of Inquiry was asked to examine 75 SABLs, however, the final report only examines only 42. This is due to the fact that one of the Commissioners as failed to contribute any material report to the final report. 02/05 Mr Speaker, it appears to me that the commissioners failed to work together as a team and their conduct has had a direct impact on the quality of the report that was produced. Mr Speaker, this is very disappointing, however the 42 leases that are reported reveal some shocking trend of mismanagement and some level of corruption in all stages of the process. Mr Speaker, out of the 42 reported leases there were only four leases were there was bornified land owner consent and commercially viable agriculture projects are being undertaken. The remaining leases were seriously compromised and their success rate for implementation and development of viable agricultural projects are appalling. Mr Speaker, the only conclusion that I can draw is that the policy on SABL has failed miserably, however despite these findings the commission has recommended that the SABL concept be continued, it made a number of general recommendations that we should put in place to improve the integrity of the process of issuing SABLs. Mr Speaker, whilst this is acceptable, we need to do something more drastic so that we can protect the interest of the many landowners who will continue to be displaced if we allow the integrity of the process to be continued to be compromised. Mr Speaker, this government is going to start that process so that we can protect the landowners and obviously the environment. We will no longer watch as companies both foreign and nationally owned continue to mislead our landowners chopping down many of the forests and many of these proceeds are then left offshore. 3 Mr Speaker, I wish to inform this Parliament that a ministerial committee has been set up after we received and discussed these report in Cabinet to identify new legislative framework so that we can provide to the nation a method that is going to convert customary land into lease hold land but it must remain for the benefit of the landowners and the owner ship remain with the landowners. Mr Speaker, this Parliament and Government has a moral duty to protect the interest if the landowners and protect the interest of our people that this land is used and continued to be used in a sustainable manner so that it can continue to sustain their own livelihoods. Mr Speaker, the primary consideration will be protecting the interest of the landowners and our people. For far too long our landowners have been taken advantage of their land being stolen and misused and benefit are not being rightfully distributed to them. The ministerial committee will consult widely and there will be opportunity for the public to contribute to this discussion. Mr Speaker, the use of customary land in our country is a very sensitive issue and this Government and Parliament must get it right so that we can have a balance that will develop the aspirations of our people while maintaining the ownership of land by our people. This is something that we must do and it is very crucial for our people. We must protect our people who are being taken advantage of by persons with less than honourable intentions. With those few comments I table the reports for SABL to this Parliament for its deliberation. Thankyou Mr Speaker. Debate (on motion by James Marabe) adjourned.
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