Speaker threatens M.P.’s

The Speaker of Parliament, La’aulialemalietoa Leuatea Polata’ivao, has struck again.

This time, he has ordered members of the Officers of Parliament Committee (O.P.C) to stop expressing opinions in the media about their report.

The report in question confirms instances of “collusion” and “corrupt practises” in the government. The order comes with a warning that failure to adhere would result in members of the Committee being referred to Parliament for a “decision.”

What that decision is, La’auli did not say.

The threat is contained in a letter from the Speaker to the Chairman of the O.P.C, Muagututagata Peter Ah Him and the Chairman of Parliament’s Finance and Expenditure Committee, Papali’i Niko Lee Hang.

Dated 28 April 2014, the letter is also copied to members of the Committees in question. Written in Samoan, a copy of the letter has been obtained by the Sunday Samoan.

The Speaker’s displeasure follows two media statements issued by the Committees last week, which were published verbatim by the Sunday Samoan.

The first statement from the O.P.C was published under the headline “Committee attacks Faumuina’s reply.” Part of it reads: “Having considered the ministerial speech, the Officer’s of Parliament Committee (OPC) feels that the former Minister of Finance failed to address a lot of the pertinent issues and concerns on the mismanagement of the Samoa Land Corporation as raised in the Committee report.

“The Committee believes that some of his statements were misleading and are inaccurate according to the evidence provided by the numerous witnesses (government officials, private sector, and concerned public as written in the report) called by the committee, as well as documents collected during the investigation.

The second statement, issued by Papali’i as the Chair of the Public Finance Committee, was published under the headline “Collusion, reckless and total negligence.”

The Committee’s decision to publicise their views has disappointed the Speaker.

“I was under the impression most of you have had two or three terms in Parliament and that you are well versed with the basis of the issues that have been referred for the consideration of Select Committees according to orders of the Legislative Assembly,” he writes.

“However, it now seems from your actions that you do not have such awareness, despite our efforts to push our Parliamentary procedures project.”

According to the Speaker, Parliamentary issues should not be discussed “on the road.”

He said the Committees have the taken “the decision making process of Samoa to be done on the roadside thereby doing away with Parliamentary procedure.”

“Samoa has placed its confidence, as being the chosen pearl and string, but look at what you’ve done, you again have sought reinforcement from the country."

“Why on earth did you want to become Members of Parliament?”

Speaker La’auli also questioned why the M.P.’s are speaking up now.

“As of now, you are complaining and questioning the Ministerial Statement of Afioga Faumuina, and yet the motion by the Prime Minister that night was crystal clear as approved by the Legislative Assembly, to set aside Standing Orders to allow for the Ministerial Statement for debate."

“However you clearly challenge the wisdom of the House that night as the Leader of the Opposition had already suggested that it was time for the House to take adjournment as it was enough that the Hon Minister of Finance had resigned.

“Fiame had also commented on the same procedure. Your Leader even spoke, thanking all the speakers that night and that it was time to adjourn as you all wanted to go to bed. None of you took the floor to even argue that he wanted to speak.”

Chaired by Associate Minister, Muagututagata Peter Ah Him, members of the O.P.C include Taefu Lemi Taefu (H.R.P.P), Agafili Eteuati Tolova’a (H.R.P.P and deputy Speaker), Aeau Dr. Peniamina Levaiseeta (Tautua), Papali’itele Niko Lee Hang (H.R.P.P), Motuoopua’a Dr. Aisoli Vaai (Tautua) and Toeolesulusulu Cedric Schuster (Tautua).

Here is a translation of the letter by Fuimaono Fereti Tupua. It is published here in full:

28 April 2014 Chairman and Honourable Members Officers of Parliament Committee Chairman Public Accounts Committee Committee Attacks Faumuina’s Reply Collusion, reckless and total negligence I write with regard to the above headlines that featured boldly on the front page of the Sunday Observer of Sunday 27 April 2014 in respect of the following: 1. General comments of the Committee of Parliament, and 2. General comments of the Chairman of the Public Accounts Committee The above general comments were in opposition to the Ministerial Statement of the Minister of Finance on Wednesday night 16 April 2014, prior to his resignation.

I. Select Committees and Legislative Assembly

1. I was under the impression most of you have had two or three terms in Parliament and that you are well versed with the basis of the issues that have been referred for the consideration of Select Committees according to orders of the Legislative Assembly. However, it now seems from your actions that you do not have such awareness, despite our efforts to push our Parliamentary procedures project.

2. For your information the aim for establishing Select Committees was to cater for the workload that is referred to them for consideration and then they report back to the Legislative Assembly.

As such, it is part of Parliament to provide services to the Legislative Assembly without any power to either challenge or question the normal procedure of the business of the Legislative Assembly.

II. Process of Proceedings or Business of the Legislative Assembly 3. Every issue that is referred to in the Ministerial Statement of Afioga Hon.

Faumuina Tiatia Liuga came to end with his resignation, and that your report be referred to Government for its response, which is in line with policy.

You will never be short of opportunities to air your opinions in the House, as long as the same are made in the House of Samoa to which you were elected and where issues pertaining to government are resolved.

4. Consideration of issues to do with Samoa is not done on the road just as what you have done, by taking the decision making process of Samoa to be done on the roadside thereby doing away with Parliamentary procedure.

Samoa has placed its confidence as being the chosen pearl and string, but look at what you’ve done, you again have sought reinforcement from the country.

Why on earth did you want to become Members of Parliament?

5. As of now, you are complaining and questioning the Ministerial Statement of Afioga Faumuina, and yet the motion by the Prime Minister that night was crystal clear as approved by the Legislative Assembly, to set aside Standing Orders to allow for the Ministerial Statement for debate.

However you clearly challenge the wisdom of the House that night as the Leader of the Opposition had already suggested that it was time for the House to take adjournment as it was enough that the Hon Minister of Finance had resigned.

Fiame had also commented on the same procedure.

Your Leader even spoke, thanking all the speakers that night and that it was time to adjourn as you all wanted to go to bed. None of you took the floor to even argue that he wanted to speak.

6. Your opposing views that have widely reported are contrary to Parliamentary procedures, nor are in full agreement with the vision of searching, consultations and deep reasoning upon which are customs and traditions are founded, which brings to mind the truth of our Lords words ‘Whoever says he loves God and hates his brother is a liar’

IV. Advice from the Speaker

7. I had suggested to you to forget about it when you indicated that on Friday 25 April 2014, but you did not do it. You should have known better, I am trying to impose controls on our business from leaking out to the public, so to ensure that the decision making process and its outcomes are kept in the House of Samoa, but you now seem to be more keen to expose these things by talking to the media.

V. Standing Orders and Powers and Privileges 8. I advise you to pay careful attention to the order of business of the Legislative Assembly and Select Committees especially the duties and responsibilities of the Members of the Committee as to the requirement for Select Committees to pursue your claims, especially influencing the general public with the views of each member and instead make use of the Select Committees of the Legislative Assembly.

9. I also advise you to take another look at the Power and Privileges Act of the Legislative Assembly 1960 as well as the Standing Orders of the Parliament of Samoa, especially the Oath of Allegiance and Examples o Misconduct; in view of the following:

It is nasty for general comments of Committees or Members of the Committees to refuse or oppose decisions and the normal procedure of business of the Legislative and the Parliament of Samoa, when they are Members of Parliament.

Order by the Speaker Given the issues discussed above I hereby order all of you to:

• Refrain from making general comments as members of a Select Committee or Chairmen or Members of a Select Committee on matters pertaining to Reports of the Officers of Parliament on the Report of the Controller and Chief Auditor, until after Government had submitted its replies.

• Failure to comply will require me to immediately report such Committee, Chairman or Deputy Chairman to the Legislative Assembly in its next sitting day for its decision.

My advice as the Speaker is that we be like St Paul; “Let go the things of the past and walk ahead for the future” for there will surely be dawn just as mornings due to the wonders of the Almighty God.

Hon Laaulialemalietoa Polataivao Leuatea Polataivao Fossie Schmidt MP Speaker of the Legislative Assembly.