Customs Bill the priority, no govt. response

“An example  of this is that you can ask the tea person to go check the toilets if it’s clean. So their role is not just making tea.”

The much-anticipated Parliamentary sitting, where the government was supposed to have responded to claims of corruption raised by the Controller and Chief Auditor in his report, and backed by the Officers of Parliament Committee (O.P.C), has been adjourned until October.

Prime Minister, Tuilaepa Sa’ilele Malielegaoi, moved the motion for the adjournment yesterday after the House passed the Customs Bill 2014, which is apparently “a must” ahead of the United Nations Small Island Developing States (S.I.D.S) conference in ten days time.

The 245-page bill with 360 clauses was tabled by the Minister of Revenue, Tuiloma Pule Lameko, who told Parliament it “needed to be passed in a hurry to be used for S.I.D.S.”

According to the Explanatory Memorandum, the Bill repeals and replaces the Customs Act 1977. It introduces new provisions designed to make Samoa’s legislation consistent with Samoa’s international obligations under international bodies such as the World Customs Organisation and the World Trade Organisation to “effectively manage Samoa’s borders.”

During the debate yesterday, the leader of the Tautua Party, Palusalue Fa’apo II questioned Clause 4 which says that the Comptroller of Customs “may designate officers employed within the Ministry as Customs officers”.

The much-anticipated Parliamentary sitting, where the government was supposed to have responded to claims of corruption raised by the Controller and Chief Auditor in his report, and backed by the Officers of Parliament Committee (O.P.C), has been adjourned until October.

Prime Minister, Tuilaepa Sa’ilele Malielegaoi, moved the motion for the adjournment yesterday after the House passed the Customs Bill 2014, which is apparently “a must” ahead of the United Nations Small Island Developing States (S.I.D.S) conference in ten days time.

The 245-page bill with 360 clauses was tabled by the Minister of Revenue, Tuiloma Pule Lameko, who told Parliament it “needed to be passed in a hurry to be used for S.I.D.S.”

According to the Explanatory Memorandum, the Bill repeals and replaces the Customs Act 1977. It introduces new provisions designed to make Samoa’s legislation consistent with Samoa’s international obligations under international bodies such as the World Customs Organisation and the World Trade Organisation to “effectively manage Samoa’s borders.”

During the debate yesterday, the leader of the Tautua Party, Palusalue Fa’apo II questioned Clause 4 which says that the Comptroller of Customs “may designate officers employed within the Ministry as Customs officers”.

Palusalue argued that this interferes with the power of the Public Service Commission to appoint staff members.

Further, he said “the clause will give the Comptroller too much power to make such appointments when P.S.C has the authority over such appointments.”

Tuiloma disagreed. He told Palusalue that the Bill doesn’t take away the authority of P.S.C to make appointments over public servants.

Prime Minister Tuilaepa took the floor to support his Minister.

“In English, it says, The Comptroller of Customs may designate officers employed within the Ministry,” Tuilaepa said.

“An example of this is that you can ask the tea person to go check the toilets if it’s clean. So their role is not just making tea.”

Tuilaepa said the Bill does not affect the role of the P.S.C at all.

But Veteran M.P, A’eau Peniamina Leavaise’eta questioned why the authority in appointing Customs officers has been given to the Chief Executive Officer, not the Minister.

“Whereabout in the bill does it mention you, Minister? It says the C.E.O, not you. It would be good if the Bill also mentioned you (Minister) in here.”

Tuilaepa said there was a very good reason for this.

“The Minister deals with policies,” said Tuilaepa, adding that C.E.O’s have been appointed to their positions because they are well qualified and are more than capable of doing the job.

“A’eau wasn’t a Minister so I understand if he asks about this,” said Tuilaepa.

“I don’t mind if the others; Aeau, Leala and them ask as they weren’t Ministers before but when Palu asks questions, it saddens me because he was a Minister and I thought he would know better.”

This immediately drew a response from Palusalue.

“Thank you for the explanation, if only it was written in the legislation.”

Clause 19, which reads, “obligates the CCA licensee to provide to Customs (free or charge) any operating or processing areas, accommodation, facilities, buildings, equipment and storage required by the Comptroller” was also disputed.

M.P for Faleata West, Lealailepule Rimoni Aiafi, questioned why Customs would be given the equipment and facilities without any charges. He also rubbished claims from the government that the provision was “old”.

“It’s not old, it’s new,” he said. “I’m reading the old Act and the new one at the same time and it’s not old, I can assure you of that."

“But like I said the (shipping) companies have to provide customs with new office's and maintain it…that is a big demand.”

Gagaemauga No. 2 M.P., Levaopolo Talatonu Va’ai supported Lealailepule. Levao, who also owns a shipping agency, said Customs should pay.

“Without us, Customs don’t have any work,” he said. “You are asking us to provide computers that will cost $4,000, internet, an office and telephones for Customs to do their work."

“That is a lot of expenses…I don’t agree with this.”

Prime Minister, Tuilaepa took the floor to remind Parliament that the government has been helping the private sector, namely the shipping agencies, for a very long time.

Pointing to containers being stored at the Matautu wharf, Tuilaepa said the containers are not being charged for the storage at the wharf.

“If you look at it (Matautu wharf) it’s really ugly because of those piles of containers,” he said.

“That is the government’s assistance to the companies who have containers that arrive early and are stored there to be exported to another country."

“They’re not being charged for it.”

In the afternoon yesterday, the bill was passed. A copy of the Explanatory Memorandum of the Bill will be published tomorrow.

Meanwhile, Parliament has been adjourned until 21 October 2014.