Consultation funding cut

Public consultations into proposed legislation may be a thing of the past if Government cannot front the $20,000 each one costs to the Samoa Law Reform Commission (S.L.R.C.).

In its report, the Justice, Police and Prisons and Land and Titles (J.P.P.L.T.) Committee on the S.L.R.C.’s Annual Report for the Financial Year July 2011-June 2013, it says despite being one of the “key developments” for the Commission, AusAID is no longer funding the consultations.

The Committee noted the importance in the Commission’s awareness programs through public consultations.

The Committee’s Chairman is Associate Minister of Finance, Tuisa Tasi Patea.

“Especially with awareness programs on the television which encourages the public, to participate and voice their concerns during public consultations towards the reviewing and reforming of the laws of Samoa,” the Report reads.

“The Committee took note of the constant progress of consultation programs with village members in Upolu and Savaii over the past year, as the Commission continues to work alongside other Government Ministries especially with the Ministry of Women, Community and Social Development.”

“However, one difficulty faced by the Commission was that the Government of Australia (AusAID) no longer provides funds for the implementation of these public consultations.

“The Commission stated that most of the consultation programs were funded by the Australian Government’s through the AusAID funds.

“The usual amount of money needed to implement these programs costs up to approximately $20,000 per consultation program.

“As of today, the Commission is working together with the Law and Justice Sector to consult with international organisations and agencies in assisting the Samoa Law Reform Commission to fund its projects.”

The J.P.P.L.T. Committee also reports that the Annual Report outlines some of the major challenges faced by the Commission, especially in trying to complete the Final Reports that began in 2009. “Despite the many challenges, the Committee took notice of some of the remarkable achievements of the Commission, particularly in March of 2011 when the Cabinet approved the separation of the Samoa Law Reform Commission from the Attorney General’s Office.

“The Committee also noticed the extensive work of the Commission in collaboration with the Law and Justice Sector agencies through public consultations.

“Public consultations for the review of the Village Fana Act 1990, the Supreme Court Civil Procedure Rules 1980 and the District Court Rules 1971.

“The Commission affirmed that the Final Reports for the above subject matters have been presented to the Cabinet in order to be reviewed and given the Cabinet’s approval regarding its availability to the public.”In addition to Tuisa, the J.P.P.L.T. Committee comprises of Afoafouvale John Moors as its Deputy Chairperson and Members Lafaitele Patrick Leiataualesa, Lenata1 Victor Faafoi Tamapua, Papali’i Lio F. Taeu Masipau, Lefau Harry Schuster and Tapuai Toese Ah Sam.

The report is published verbatim below:

RECOMMENDATION: The Justice, Police & Prisons and Land & Titles Committee recommends that the Assembly takes note of its Report.

2. PREAMBLE: The Justice, Police & Prisons and Land & Titles Committee is constituted pursuant to provision of Standing Orders 173.

3. STANDING ORDER 173 In accordance with the provisions of Standing Orders 173, it shall be the duty of the Committee:- (a) To consider any bill, petition or other matter referred by the Assembly or pursuant to these Standing Orders; and such Estimates or review of ministerial performance as maybe referred by the Finance & Expenditure Committee. (b) To consider private bills; (c) To examine the policy, administration and expenditure of ministries and associated government organizations related to Official information, information privacy corrections, courts, legal services, justice, police, privacy, serious fraud, lands and titles.

4. PAPER CONSIDERED: P.P. 2013/2014 No. 52, Samoa Law Reform Commission Annual Report 2011/2012.

5. WINTNESSES The Committee in the course of its investigation of the Samoa Law Reform Commission heard evidence submitted by: Leota Theresa Potoi - Executive Director Ulupale Fuimaono - Assistant Executive Director Malaea Aloese Feterika - Manager Corporate Services

6. FINDINGS The Annual Report of the Samoa Law Reform Commission for the Financial Year 2011/2012 outlines some of the future goals and objectives as well as the work completed and achieved by the Commission within the reported period of time. 6.1 Objectives The Committee took note that this is the third Annual Report of the Samoa Law Reform Commission since its establishment in 2008. The Commission’s main functions canters around reviewing, researching and updating of existing laws; ensuring that the law reflects and maintain Samoan customs and traditions taking into consideration the current developments Given a lot o Samoa’s laws are very old, the Samoa Law Reform Commission performs the important role of ensuring that Samoa laws are continually reviewed and updated. The Committee took note that one of the most effective ways in which the Commission had achieved its objectives over the years is through engaging the public to participate and voice their views on the current laws in the country through public consultations.

Some of the old laws which the Cabinet advised the Commission to review include: - Law Practitioners Act 1976; - Prisons Act 1 96 7; - Criminal Procedure Act 1972; and - District C0urtAct 1 9 71. The Committee noticed that despite the Commission’s steady progress with its work, its major challenge is the shortage in staff members. There is still need to recruit more legal staff in order to fulfill the Con1mission’s tasks and pursue its mandate to review, reform and develop the laws of Samoa. The Committee fully supports this recommendation and appeal from the Samoa Law Reform Commission as there is a need to recruit more employees to assist in the law reform process.

6.2 Key Developments 2011/2012 The Annual Report outlines some of the major challenges faced by the Commission, especially in trying to complete the Final Reports that began in 2009. Despite the many challenges, the Committee took notice of some of the remarkable achievements of the Commission, particularly in March of 2011 when the Cabinet approved the separation of the Samoa Law Reform Commission from the Attorney General’s Office. The Committee also noticed the extensive work of the Commission in collaboration with the Law and Justice Sector agencies through public consultations. Public consultations for the review of: - the Village Fana Act 1990; - the Supreme Court Civil Procedure Rules 1980; and - the District Court Rules 1971. The Commission affirmed that the Final Reports for the above subject matters have been presented to the Cabinet in order to be reviewed and given the Cabinet’s approval regarding its availability to the public.

6.3 Public Consultations The Committee took note of the importance in the Commission’s awareness programs through public consultations, especially with awareness programs on the television which encourages the public, to participate and voice their concerns during public consultations towards the reviewing and reforming of the laws of Samoa. The Committee took note of the constant progress of consultation programs with village members in Upolu and Savaii over the past year, as the Commission continues to work alongside other Government Ministries especially with the Ministry of Women, Community and Social Development. However, one difficulty faced by the Commission was that the Government of Australia (AusAID) no longer provides funds for the implementation of these public consultations. The Commission stated that most of the consultation programs were funded by the Australian Government’s through the Aus AID funds. The usual amount of money needed to implement these programs costs up to approximately $20,000 per consultation program. As of today, the Commission is working together with the Law and Justice Sector to consult with international organizations and agencies in assisting the Samoa Law Reform Commission to fund its projects.

6.4 Acknowledgement The Committee Wishes to acknowledge the former Executive Director of the Law Reform Commission who was responsible for the hard-work as reflected in the reported Financial Year. The Commission also extends their best wishes to the new Executive Director on the new appointment and the tasks ahead. The Committee also wishes to acknowledge the Commission’s public consultation programs for the important role that they play in reviewing and reforming the old laws of Samoa for generations to come. The Committee feels that the Commission’s public consultation programs should continue in the future.

7. RECOMENDATIONS Based on its findings, the Committee recommends the Government:- 1. To allocate the appropriate amount of funds for the Samoa Law Reform Commission towards the implementation of additional public consultations on laws which need to be reformed. The Committee believes in the invaluable work of the Commission especially with the opportunity given to the public to voice their views on laws that the Government decides to reform. 2. To appeal to the Public Service Commission and the Ministry of Finance for additional job vacancies particularly in the senior level to assist with the workload of the Samoa Law Reform Commission. 3. To consult and foster relationships with international law reform organizations and agencies to not only assist the Samoa Law Reform with Projects but also in providing opportunities for the staff to be exposed overseas to broaden their knowledge and understanding on law reform issues passed by the Legislative Assembly of Samoa. 8. RESOLUTION: At the conclusion of its consideration the Committee resolved to recommend the Assembly: To approve P.P. 2013/2014 No. 52, Samoa Law Reform Commission Annual Report 2011/2012.

Tuisa Tasi Patea Chairperson

For the past few days, the Samoa Observer has been publishing the 39 reports tabled and approved by Parliament without debate last month. Today, we are looking at the report by the Justice, Police and Prisons and Land and Titles (J.P.P.L.T.) Committee on the Samoa Law Reform Commission's Annual Report for the Financial Year July 2011-June 2013.