1 No. 05 of 2013 FIFTH NATIONAL ASSEMBLY PARLIAMENTARY DEBATES (HANSARD) SECOND SESSION TUESDAY 23 APRIL 2013 2 CONTENTS ANNOUNCEMENT PAPERS LAID QUESTIONS (Oral) MOTION BILLS (Public) ADJOURNMENT QUESTIONS (Written) 3 Members Members THE CABINET (Formed by Dr. the Hon. Navinchandra Ramgoolam) Dr. the Hon. Navinchandra Ramgoolam, GCSK, FRCP Prime Minister, Minister of Defence, Home Affairs and External Communications, Minister for Rodrigues Dr. the Hon. Ahmed Rashid Beebeejaun, GCSK, FRCP Deputy Prime Minister, Minister of Energy and 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 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 4 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 PRINCIPAL OFFICERS AND OFFICIALS Mr Speaker Peeroo, Hon. Abdool Razack M.A., SC, GOSK Deputy Speaker Peetumber, Hon. Maneswar Deputy Chairperson of Committees Deerpalsing, Hon. 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 Gopall, Mr Navin 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. 05 of 2013 Sitting of 23 April 2013 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 ANNOUNCEMENT PARLIAMENTARY PRIVATE SECRETARIES - REPRESENTATIONS Mr Speaker : Hon. Members, I have received written and oral representations from some Parliamentary Private Secretaries as to whether they are entitled to put Parliamentary Questions. To be able to form an opinion, I have deemed it fit to look at the history of similarly offices after 1968, the practice and procedure governing their appointment and the terms thereof, and the practice which obtains in some Commonwealth countries, including the United Kingdom House of Commons. I have also sought the opinion of some experienced persons on Mauritian parliamentary practice and procedure. Regarding the history of this office and of similar offices in our Parliament, the following points were noted – (i) In 1969, section 66 of the 1968 Constitution provided for the office of Parliamentary Secretaries who were required to take and subscribe to the same oath of allegiance for the due execution of their office as would the Ministers. They were allowed to answer Parliamentary Questions in the Ministers’ place. In 1982, this section of the Constitution was repealed. (ii) In 1988 the office of Parliamentary Private Secretaries was created, but they did not form part of the Executive. (iii) In 1996, a new section 66 was introduced to provide for the office of Junior Ministers. They were required to take the same oath of allegiance as that of Ministers, but they neither sat in Cabinet nor did they reply to Parliamentary Questions. (iv) Since the year 2000 to date, no Junior Ministers have been appointed, but Parliamentary Private Secretaries have been appointed under section 74 of the Constitution, and they are not required to subscribe to any other particular oath of allegiance except for the oath of allegiance as a Member of Parliament, under section 55 of the Constitution, administered by the Clerk of the National Assembly. (v) Our Standing Orders and Rules place no restriction on the parliamentary activities of Parliamentary Private Secretaries except for their eligibility to hold the office of the Deputy Speaker or to act as Speaker, as stated in Standing Orders 7 and 8. 8 I wish to inform the House of my observations, which are as follows – (i) Parliamentary Private Secretaries are appointed by the President of the Republic, under section 74 of the Constitution. According to their letter of appointment, they cannot be called upon or expected to perform executive functions or exercise statutory powers pertaining to Ministers, and their functions are restricted to the following – (a) inform, educate and sensitise members of the public regarding implementation of Government’s policies and programmes, assess the impact thereof, and report to the Prime Minister; (b) act as a link between the Government’s machinery and the public, receive representation from them, and report to the Prime Minister thereon, and (c) perform such cognate duties as the Prime Minister may, from time to time, decide. (ii) A perusal of the official reports has revealed no instance of any Parliamentary Question having been set for answer by any Parliamentary Private Secretary. (iii) However, it appears that the only instance when reference thereto was made was on 28 June 1994, when a Point of Order was taken to a supplementary question put by a Parliamentary Private Secretary to the then Prime Minister, and the reply of the Chair was as follows, I quote – “As far as I understand, they are not Ministers; therefore, they are entitled to put questions and supplementary questions as well.” By comparison, in the United Kingdom House of Commons, Parliamentary Private Secretaries are Members of Parliament appointed by Cabinet Ministers and Ministers of State to whom they act as unpaid aids, with the prior written approval of the Prime Minister; and the responsibilities and restrictions incumbent on them are defined by a Ministerial Code, including allowing them to table Parliamentary Questions with the proviso that they cannot put questions on matters which affect the Department with which they are connected. Although they are expected to support Government at all times, they have no ministerial responsibilities.” In the light of the above and subject to the rules governing the admissibility of Parliamentary Questions, I am of the opinion that this matter should be considered by the Government of the day. Thank you. 9 PAPERS LAID The Prime Minister: Sir, the Papers have been laid on the Table – A. Prime Minister’s Office – Certificate of Urgency in respect of Fashion and Design Institute (Amendment) Bill (No. V of 2013). B. Ministry of Social Integration and Economic Empowerment – The Reports of the Director of Audit on the Financial Statements of the Trust Fund for the Social Integration of Vulnerable Groups for the years ended 30 June 2006, 30 June 2007 and 30 June 2008. 10 ORAL ANSWERS TO QUESTIONS PONZI SCHEMES - CASES The Leader of the Opposition (Mr A. Ganoo) (by Private Notice) asked the Vice-Prime Minister, Minister of Finance and Economic Development whether, in regard to the reported cases of Ponzi schemes, he will – (a) for the benefit of the House, obtain information – (i) as to the – (A) number of companies, victims and amount of money involved, indicating the value thereof recovered; (B) names of suspects – (I) arrested, indicating their date of release, if any; (II) who have left the country, if any; (ii) from the Financial Services Commission, as to when it had first received information, indicating the actions, taken, if any; (iii) from the Financial Intelligence Unit if two commercial banks had submitted suspicious transaction reports thereto and, if so, if any dissemination was carried out and, if not, why not, and (b) state when the National Committee for Anti-Money Laundering, Financial Stability Committee and the Financial Services Consultative Council met respectively, since 2011 to date. The Vice-Prime Minister, Minister of Finance and Economic Development (Mr X. L. Duval): Mr Speaker, Sir, with your permission, I will reply at the same time to Parliamentary Question B/209, as it relates to the same issue. I have been advised both by the Enforcement Authority, set up under the Assets Recovery Act, and by the Bank of Mauritius that disclosure of information which is not already in the public domain may entail dissipation of evidence. In my