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Debate No 35 of 2018 (UNREVISED) 1 No. 35 of 2018 SIXTH NATIONAL ASSEMBLY PARLIAMENTARY DEBATES (HANSARD) (UNREVISED) FIRST SESSION FRIDAY 07 DECEMBER 2018 2 CONTENTS PAPERS LAID QUESTION (Oral) MOTION ANNOUNCEMENT BILL (Public) ADJOURNMENT 3 THE CABINET (Formed by Hon. Pravind Kumar Jugnauth) Hon. Pravind Kumar Jugnauth Prime Minister, Minister of Home Affairs, External Communications and National Development Unit, Minister of Finance and Economic Development Hon. Ivan Leslie Collendavelloo, GCSK, Deputy Prime Minister, Minister of Energy and Public SC Utilities Hon. Sir Anerood Jugnauth, GCSK, Minister Mentor, Minister of Defence, Minister for KCMG, QC Rodrigues Hon. Mrs Fazila Jeewa-Daureeawoo Vice-Prime Minister, Minister of Local Government and Outer Islands, Minister of Gender Equality, Child Development and Family Welfare Hon. Seetanah Lutchmeenaraidoo, GCSK Minister of Foreign Affairs, Regional Integration and International Trade Hon. Yogida Sawmynaden Minister of Technology, Communication and Innovation Hon. Nandcoomar Bodha, GCSK Minister of Public Infrastructure and Land Transport Hon. Mrs Leela Devi Dookun-Luchoomun Minister of Education and Human Resources, Tertiary Education and Scientific Research Hon. Anil Kumarsingh Gayan, SC Minister of Tourism Dr. the Hon. Mohammad Anwar Husnoo Minister of Health and Quality of Life Hon. Prithvirajsing Roopun Minister of Arts and Culture Hon. Marie Joseph Noël Etienne Ghislain Minister of Social Security, National Solidarity, and Sinatambou Environment and Sustainable Development Hon. Mahen Kumar Seeruttun Minister of Agro-Industry and Food Security Hon. Ashit Kumar Gungah Minister of Industry, Commerce and Consumer Protection Hon. Maneesh Gobin Attorney General, Minister of Justice, Human Rights and Institutional Reforms Hon. Jean Christophe Stephan Toussaint Minister of Youth and Sports Hon. Soomilduth Bholah Minister of Business, Enterprise and Cooperatives 4 Hon. Marie Roland Alain Wong Yen Minister of Social Integration and Economic Cheong, MSK Empowerment Hon. Premdut Koonjoo Minister of Ocean Economy, Marine Resources, Fisheries and Shipping Hon. Soodesh Satkam Callichurn Minister of Labour, Industrial Relations, Employment and Training Hon. Purmanund Jhugroo Minister of Housing and Lands Hon. Marie Cyril Eddy Boissézon Minister of Civil Service and Administrative Reforms Hon. Dharmendar Sesungkur Minister of Financial Services and Good Governance 5 PRINCIPAL OFFICERS AND OFFICIALS Madam Speaker Hanoomanjee, Hon. Mrs Santi Bai, GCSK Deputy Speaker Lesjongard, Georges Pierre Deputy Chairperson of Committees Jahangeer, Hon. Ahmad Bashir Clerk of the National Assembly Lotun, Mrs Bibi Safeena Adviser Dowlutta, Mr Ram Ranjit Deputy Clerk Ramchurn, Ms Urmeelah Devi Clerk Assistant Gopall, Mr Navin Clerk Assistant Seetul, Ms Darshinee Hansard Editor Jankee, Mrs Chitra Parliamentary Librarian Jeewoonarain, Ms Prittydevi and Information Officer Serjeant-at-Arms Pannoo, Mr Vinod 6 MAURITIUS Sixth National Assembly --------------- FIRST SESSION ------------ Debate No. 35 of 2018 Sitting of Friday 07 December 2018 The Assembly met in the Assembly House, Port Louis at 3.00 p.m. The National Anthem was played (Madam Speaker in the Chair) 7 PAPERS LAID The Prime Minister: Madam Speaker, the Papers have been laid on the Table. A. Prime Minister’s Office (a) Virement Warrants Nos. 24-47, 49-52, 54-87, 89 and 90; and Retrospective Virement Nos 91-94. (In Original) (b) Virement (Contingencies) Warrant Nos. 12-18. (In Original) (c) Virement Certificate Return - Quarter 4 (April - June 2018) Vote/Sub-Head (Certificate Nos.): 1-1 (2), 1-4 (1), 1-5 (7-13), 1-6 (8- 13), 1-7 (2-3), 1-9 (6,8), 1-12 (6-8), 1-15 (3-8), 2-1 (7, 9, 11, 12, 1), 2-2 (9-20), 2-4 (2-4, 5a, 5b, 5c, 2-6 (14-19), 2-8 (1-6), 2-9 (4-7), 2-10 (4-5), 3-1 (13-34), 4-6 (16-26), 6-1 (4-8), 7-1 (18), 8-1 (4-8), 8-2 (8-15), 9-1 (23-31), 10-1 (6-7), 11-1 (14, 16, 17, 20), 13-1 (4-6), 13-2 (12-22), 15-1 (6-12), 16-1 (6-9, 12-13) 16-3 (10-11), 18-1 (9-21), 18-1 (9-18), 20-1 (9- 10), 21-2 (8), 22-1 (6-8), 23-1 (5-13), 24-1 (3-4), 25-1 (7, 2-4), 26-1 (1- 9). (In Original) (d) Virement Warrant Return (Quarter 1) (July - September 2018) No. 1 of 2018-2019 (In Original) (e) Virement (Contingencies) Warrant (Quarter 1) (July - September 2018) Nos. 1 and 2 of 2018-2019. (In Original) (f) Virement Certificate Return (Quarter 1) (July - September 2018) Vote/Sub-Head (Certificate Nos.) 1-9 (1), 3-1 (1) and 18-1 (1-2, 1). (In Original) (g) Carry-Over Warrant No. 1 of 2018 (In Original) (h) The Annual Report of the Bank of Mauritius for the year ended 30 June 2018. (i) The Report of the Director of Audit on the Financial Statements of the Media Trust for the years ended 31 December 2011 and 2012. (In Original) 8 (j) The Civil Aviation (Pravasi Bharatiya Divas 2019) (Exemption) Order 2018. (Government Notice No. 161 of 2018) (k) The National Pensions (Non-Citizens and Absent Persons) (Amendment) Regulations 2018. (Government Notice No. 162 of 2018) (l) The Companies (Payment of Fees to Registrar) (Amendment) Regulations 2018. (Government Notice No. 163 of 2018) B. Ministry of Agro-Industry and Food Security The Annual Report 2014 of the Small Farmers Welfare Fund. C. Ministry of Industry, Commerce and Consumer Protection The Rodrigues Consumer Protection (Control of Price of Taxable and Non-taxable Goods) (Amendment No. 32) Regulations 2018. (Government Notice No. 164 of 2018) D. Ministry of Financial Services and Good Governance The Financial Services (Consolidated Licensing and Fees) (Amendment No. 2) Rules 2018. (Government Notice No. 165 of 201 ORAL ANSWER TO QUESTION COUNCIL FOR VOCATIONAL LEGAL EDUCATION –VOCATIONAL EXAMINATIONS The Leader of the Opposition (Mr X. L. Duval) (by Private Notice) asked the Attorney General, Minister of Justice, Human Rights and Institutional Reforms whether, in regard to the Vocational Examinations for prospective barristers conducted by the Council for Vocational Legal Education, he will state if he has taken note of the high failure rates thereof, and, if so, indicate if measures will be introduced to review the tuition and examination process thereof with a view to enhancing the professionalism, fairness and equity with which same are conducted. 9 The Attorney General, Minister of Justice, Human Rights and Institutional Reforms (Mr M. Gobin): Madam Speaker, allow me to quote the former Solicitor General of Mauritius, Mr Louis Edwin Venchard, who stated the following in the préface aux Codes Annotés de l'Ile Maurice. I quote – “Le droit mauricien est, de par la pluralité de ses origines, réputé pour la difficulté de son approche. Droit mixte par excellence, emprunté principalement de la France et de la Grande-Bretagne, il se caractérise par la dualité de ses concepts et de son langage. Cela s’explique par l’histoire.” Madam Speaker, Vocational Legal Education for Barristers started in Mauritius following the report of the Committee on the review of legal studies in Mauritius, chaired by Justice Rajsoomer Lallah, as he then was in 1983. That training was entrusted to the then Council of Legal Education. Until 2012, vocational courses and examinations were run by the Council of Legal Education. In 2012, changes were brought to the manner in which Professional Legal Education was carried out. Sections 11, 11A, 11B, 12 and 12A were inserted in the Law Practitioners Act. Following these amendments, the Council for Vocational Legal Education replaced the Council of Legal Education and was since then responsible for supervision only of the courses and examinations. Sections 12A and 12B of the Law Practitioners Act provide as follows – “The Council shall – (a) be responsible for the granting of an authorisation to run a vocational course; (b) supervise vocational courses and organise, through the Vocational Examinations Board, oral or written examinations for prospective law practitioners”. Section 11 of the Law Practitioners Act establishes the Council for Vocational Legal Examination, Professional Examinations are organised under the aegis of the Council through the Vocational Examinations Board which is provided for under Section 11B of the Act. Only accredited persons can run vocational courses in Mauritius for the purposes of professional examinations. This is provided for in Section 12A of the Law Practitioners Act. It is important to know that, at the moment, it is the University of Mauritius which is the sole body authorised to run vocational courses in Mauritius. 10 In the definition section of the Law Practitioners Act, “accredited person” is defined as follows – “accredited person” means the University of Mauritius or a person who is the holder of an authorisation granted under section 12A(3)”. The University of Mauritius, Madam Speaker, teaches the Law practitioners Vocational Course with a syllabus code LM521. I will table a copy of the said syllabus and I will also table the eligibility requirements to follow the course. The course is a full-time course which is approved by the Council for Vocational Legal Education and the Council also approves the syllabus. To be able to pass the examination, a candidate must score at least 60% of the aggregate marks in respect of the eight papers which are set. This amounts to a minimum of 480 marks out of a maximum of 800 marks. I am tabling, Madam Speaker, the figures which I have obtained from the Council for Vocational and Legal Education in relation to all the three branches of legal profession, namely – (a) the attorneys; (b) barristers, and (c) notaries for the past five years. These figures illustrate the pass rate and, indeed, the figures speak for themselves. Madam Speaker, I have, indeed, taken note of the figures and I am, indeed, concerned by the high failure rates. Incidentally, Mauritius is not the only jurisdiction facing a similar situation.
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