No. 11 of 2012 FIFTH NATIONAL ASSEMBLY PARLIAMENTARY DEBATES (HANSARD) SECOND SESSION TUESDAY 26 JUNE 2012
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1 No. 11 of 2012 FIFTH NATIONAL ASSEMBLY PARLIAMENTARY DEBATES (HANSARD) SECOND SESSION TUESDAY 26 JUNE 2012 2 CONTENTS PAPERS LAID QUESTIONS (Oral ) STATEMENT BY MINISTER MOTIONS PERSONAL EXPLANATION BILLS (Public ) MATTER OF PRIVILEGE ANNOUNCEMENT ADJOURNMENT QUESTIONS (Written) 3 Members Members THE CABINET (Formed by Dr. the Hon. Navinchandra Ramgoolam) Dr. the Hon. Navinchandra Ramgoolam, GCSK, Prime Minister, Minister of Defence, Home FRCP Affairs and External Communications, Minister for Rodrigues Dr. the Hon. Ahmed Rashid Beebeejaun, GCSK, Deputy Prime Minister, Minister of Energy and FRCP Public Utilities Hon. Charles Gaëtan Xavier-Luc Duval, GCSK Vice-Prime Minister, Minister of Finance and Economic Development Hon. Anil Kumar Bachoo, GOSK Vice-Prime Minister, Minister of Public Infrastructure, National Development Unit, Land Transport and Shipping Dr. the Hon. Arvin Boolell, GOSK Minister of Foreign Affairs, Regional Integration and International Trade Dr. the Hon. Abu Twalib Kasenally, GOSK, FRCS Minister of Housing and Lands Hon. Mrs Sheilabai Bappoo, GOSK Minister of Social Security, National Solidarity and Reform Institutions Dr. the Hon. Vasant Kumar Bunwaree Minister of Education and Human Resources Hon. Satya Veyash Faugoo Minister of Agro-Industry and Food Security Hon. Devanand Virahsawmy, GOSK Minister of Environment and Sustainable Development Dr. the Hon. Rajeshwar Jeetah Minister of Tertiary Education, Science, Research and Technology Hon. Tassarajen Pillay Chedumbrum Minister of Information and Communication Technology Hon. Louis Joseph Von-Mally, GOSK Minister of Fisheries 4 Hon. Satyaprakash Ritoo Minister of Youth and Sports Hon. Louis Hervé Aimée Minister of Local Government and Outer Islands Hon. Mookhesswur Choonee Minister of Arts and Culture Hon. Shakeel Ahmed Yousuf Abdul Razack Mohamed Minister of Labour, Industrial Relations and Employment Hon. Yatindra Nath Varma Attorney General Hon. John Michaël Tzoun Sao Yeung Sik Yuen Minister of Tourism and Leisure Hon. Lormus Bundhoo Minister of Health and Quality of Life Hon. Sayyad Abd-Al-Cader Sayed-Hossen Minister of Industry, Commerce and Consumer Protection Hon. Surendra Dayal Minister of Social Integration and Economic Empowerment Hon. Jangbahadoorsing Iswurdeo Mola Minister of Business, Enterprise Roopchand Seetaram and Cooperatives Hon. Mrs Maria Francesca Mireille Martin Minister of Gender Equality, Child Development and Family Welfare Hon. Sutyadeo Moutia Minister of Civil Service and Administrative Reforms 5 Members Members PRINCIPAL OFFICERS AND OFFICIALS Mr Speaker Purryag, Hon. Rajkeswur, GCSK, GOSK Deputy Speaker Peetumber, Hon. Maneswar Deputy Chairperson of Committees Deerpalsing, Ms Kumaree Rajeshree Clerk of the National Assembly Dowlutta, Mr R. Ranjit Deputy Clerk Lotun, Mrs B. Safeena Clerk Assistant Ramchurn, Ms Urmeelah Devi Clerk Assistant Navin, Mr Gopall Hansard Editor Jankee, Mrs Chitra Senior Library Officer Pallen, Mr Noël Serjeant-at-Arms Munroop, Mr Kishore 6 MAURITIUS Fifth National Assembly --------------- SECOND SESSION --------- Debate No.11 of 2012 Sitting of 26 June 2012 The Assembly met in the Assembly House, Port Louis, At 11.30 a.m. The National Anthem was played (Mr Speaker in the Chair) 7 PAPERS LAID The Prime Minister: Sir, the Papers have been laid on the Table – A. Office of the President The 38 th Annual Report of the Ombudsman for the period January to December 2011 (In Original) B. Prime Minister’s Office – (a) Certificate of Urgency in respect of The Training and Employment of Disabled Persons (Amendment) Bill (No. XV of 2012). (b) The Gambling Regulatory Authority (Amendment of Schedules) Regulations 2012 (Government Notice No. 122 of 2012). C. Ministry of Energy and Public Utilities – The Central Water Authority (Production of Drinks) (Fees and Other Changes) (Amendment) Regulations 2012 (Government Notice No. 121 of 2012). D. Ministry of Finance and Economic Development – (a) The Investment Promotion (Real Estate Development Scheme) (Amendment No. 2) Regulations 2012 (Government Notice No. 119 of 2012). (b) The Excise (Amendment of Schedule) Regulations 2012 (Government Notice No. 120 of 2012). (c) The Annual Report of the Financial Services Commission for the year 2011 (In Original). E. Ministry of Social Security, National Solidarity and Reforms Institutions – The Report of the Director of Audit on the Financial Statements of the Training and Employment of Disabled Persons Board for the year ended 30 June 2007. F. Attorney General’s Office – 8 The Report of the Director of Audit on the Financial Statements of the Curatelle Fund for the year ended 31 December 2011(In Original). G. Ministry of Industry and Commerce and Consumer Protection – The Bread (Control of Manufacture and Sale) (Amendment) Regulations 2012 (Government Notice No. 123 of 2012). H. Ministry of Business, Enterprise and Cooperatives – The Report of the Director of Audit on the Financial Statements of the SEHDA (Small Enterprises and Handicraft Development Authority) for the year ended 30 June 2009. ORAL ANSWERS TO QUESTIONS BOSKALIS AFFAIR - INVESTIGATION The Leader of the Opposition (Mr P. Bérenger) (By Private Notice) asked the Prime Minister, Minister of Defence, Home Affairs and External Communications, Minister for Rodrigues whether, in regard to the Boskalis affair, he will, for the benefit of the House, obtain from the - (a) Independent Commission Against Corruption, information as to the - (i) reasons why the Commission has handed over the case to the Police after 4 years, and (ii) names of the persons interviewed in relation thereto; (b) Commissioner of Police, information as to - (i) if other witnesses have been interviewed; (ii) if fresh information has been supplied by Boskalis International BV, and 9 (iii) the names of the persons arrested as at to date, indicating the charges levelled against them, if any. The Prime Minister : Mr Speaker, Sir, I am informed that on 24 July 2008, the Independent Commission Against Corruption (ICAC), on its own, initiated an investigation against Mr Mohammed Siddick Chady following the publication of an article where allegations were made to the effect that a sum of USD 25,000 had been transferred by Boskalis International, a dredging company based in The Netherlands in favour of Mr M. S. Chady, then Chairperson of the Mauritius Ports Authority. Between 28 July 2008 and 25 August 2008, documents were secured, several persons were interviewed and statements recorded from them including from the representatives of Boskalis International in Mauritius. On 12 September 2008, following several exchanges of correspondence between ICAC and the Central Authority of Mauritius regarding mutual and legal assistance, an official request for Mutual Legal Assistance was sent by ICAC to Singapore, The Netherlands and the United Kingdom. Between 02 February 2009 and 30 June 2009, there were several exchanges of correspondence between ICAC and the Authority in Singapore. The reply from Singapore is still awaited. In regard to the United Kingdom, an official reply was received on 27 January 2009, confirming deposit made from the account of Boskalis International to the account of Yash Raj Films International Ltd for the sum of USD 60,000 on 20 November 2008. Mr Speaker, Sir, I should like to inform the House that on 02 February 2010 and 23 August 2010 following a motion from the Counsel of Mr Chady to strike out the provisional plaint, arguments were heard on the issue and the District Magistrate ruled in favour of the ICAC and did not strike out the said provisional plaint. However, on 05 February of 2011, another argument was heard following a motion from the Counsel of Mr Chady to strike out the provisional plaint on the ground of delay. On 15 February 2011, the District Magistrate did strike out the provisional plaint against Mr Chady on the ground of delay. 10 Mr Speaker, Sir, I did inform the House on 22 March 2011 that the case is not closed. From then on, the requests for Mutual Legal Assistance remained pending. May I emphasise that the delays were due to procedural legal matters in The Netherlands. In fact, it took three years, as I shall explain later, for The Netherlands Court to finally come to a decision to order that some documents be sent. The request for Mutual Legal Assistance was addressed to the Authorities in The Netherlands on 12 September 2008, that is, hardly eight weeks after ICAC had initiated its enquiry. There were challenges in The Netherlands Court by lawyers representing Boskalis International. On 05 April 2012, a supplementary request for Mutual Legal Assistance was sent to the Attorney General’s Office asking for clarification following documents received from the United Kingdom. Reply is still awaited from the United Kingdom in respect of the other limbs of the investigation. Regarding The Netherlands, its Central Authority informed the Central Authority of Mauritius that the request for transmission of seized documents to Mauritius was due to be assessed by the Dutch Court on 12 May 2010, but due to the complex nature of the matter, this exercise was rescheduled. On 01 November 2010, the Central Authority of The Netherlands informed ICAC that on 11 of October 2010, the Dutch Court delivered an interlocutory verdict on objections lodged by Boskalis International on certain documents to be sent to Mauritius. The matter was postponed for the end of January 2011 in The Netherlands. In October 2011, the matter was heard before the Dutch Court and the ruling was in favour