Increase pay for lawyers - Parliament urged

A Parliament Committee has recommended a pay review for employees of the Attorney General’s Office in a bid to keep the top legal eagles in Samoa.

According to the Government Administration Committee (G.A.C.) in its report on the Attorney General Office’s Annual Report for the Financial Year ending June 30 2012, it noted the Office showed gratitude for its independence.

The Chairperson of the Committee is Associate Minister of Education, Tuu’u Anasi’i Leota.

“The Office of the Attorney General showed gratitude as the Office became independent from the supervision of the Public Service Commission.

“This notable change was enforced in 2013 under the amendment made to section 83(g) of the Constitution, whereby the Office of the Attorney General becomes independent from the Public Service Commission.

“The Committee took notice of the intention of this amendment, which gives the Attorney General more control over the employment of his staff.”

The Committee reported it is of the view that this would be a good opportunity for the Attorney General to look at ways to enhance the reformation of his Office for positive results in the future.

“The Attorney General also stated that this significant change will benefit the Office in avoiding employees from leaving the Office to take up better paid jobs with the private sector and other Corporations.

“The Attorney General is working on ways to keep his employees, especially the much experienced employees, at the senior level.

“The Committee echoed the same problems of the Office over the years and it is for that very reason why the Committee advised the Government that the Office of the Attorney General be independent from the Public Service Commission.”

At the conclusion of its report, the Committee made two recommendations to Government.

“To review the appropriate salaries for the employees of the Office of the Attorney General in order to attract more law graduates to take up jobs with the Office and at the same time keeping lawyers at senior level who are currently employed under the Office,” the G.A.C. reports.

“This will avoid the increase in the number of employees who opt to take up better paid jobs with other Government Ministries, Corporations and the private sector.

“To review its policies on whether or not it is suitable to have the Law and Justice Sector under the administration of the Ministry of Justice and Courts Administration.”

In addition to Tuu’u, the Committee comprises of Aeau Peniamina Leavaiseeta who serves as Deputy Chairperson with members being Faamausili Peter Ah Him, Tapuai Toese Ah Sam, Motuopuaa Aisoli Vaai, Lautafi Fio Selafi Purcell and Fagaaivalu Kenrick Samu.

The Report is republished verbatim below:

1. RECOMMENDATION. The Government Administration Committee recommends that the Assembly takes note of its Report.

2. PREAMBLE: The Government Administration Committee is constituted pursuant to provision of Standing Orders 175.

3. STANDING ORDER 175: In accordance with the provisions of Standing Orders 175, it shall be the duty of the Committee tot-

(a) Consider any bill, petition or other matter referred by the Assembly pursuant to these Standing Orders; and any Estimates or review of ministerial and departmental performance;

(b) Examine the policy, administration and expenditure of the ministries and associated government organizations related to central government advisory services, security intelligence, statistics and services to Parliament.

4. PAPER CONSIDERED:

1. P.P 2013/2014 No.77, Annual Report of the Office of the Attorney General for the Financial Year Ended 30th June 2012 5. WITNESSES

The Committee in the course of its investigation of the Office of the Attorney General heard evidence submitted by:

Office of the Attorney General

Aumua T Ming C Leung Wai - Attorney General

Loretta Teueli - Assistant Attorney General

(Legislative Drafting Division)

Precious Chang - Assistant Attorney General

(Criminal Prosecutions Division)

Muriel Lui - Assistant Attorney General

(Civil Litigation & Opinions Division)

Manusamoa Christine Saaga - ACEO

(Corporate Services)

Roni Fereti - Principal

(Law & Justice Sector)

6. FINDINGS

The Annual Report of the Office of the Attorney General outlines the main duties and responsibilities as well as the work completed and achieved by the Office of the Attorney General for the Financial Year ended 2011/2012. The Committee noted that this is the first Annual Report of the Office of the Attorney General to be submitted to the Legislative Assembly. The Attorney General is appointed under section 41 of the Constitution of the Independent State of Samoa 1960. The Attorney General is the Principal Legal Advisor of the Government and is responsible for criminal prosecutions and civil law suits involving government.

6.1 Mission “To serve the people of Samoa by upholding the Constitution and providing the highest quality legal services to Government”

The Management revealed the many difficulties and challenges faced by the Office especially with the global economic changes which plays an important role in decision-making through the legal advice in which the Office provides.

The Attorney General is mainly responsible for criminal prosecutions and civil law suits involving government.

6.2 Objectives The Committee noted the main objectives of the Office of the Attorney General which include:

1. Providing professional legal opinions and advice in a timely and efficient manner to Government Ministries and Agencies;

2. Negotiating, reviewing and drafting of all Government contracts/deeds and other related legal documents both domestic and international to ensure the Government‘s interest is advanced and/or protected;

3. Supervise and conducting of civil proceedings involving Government and providing legal support to or representation for Government in other formal enquiries;

4. Supervising and conducting criminal prosecutions and appeals in a fair and just manner;

5. Drafting and any legislative instrument, and provide legal advice on legislation administered by Government Ministries and Agencies as instructed. 6. Ensuring that the law reform is properly and independently carried out in relation to legislation that requires reform and areas or issues that need legislative intervention or governance.

6.3 Achievements The Office of the Attorney General’s Annual Report identifies some of the key achievements of the Office for the Financial Year ended 2011/2012. i.

Legislative Drafting Division The Legislative Drafting Division is responsible for achieving the following objectives:

- To draft any legislative instrument, and provide legal advice on legislation administered by Government Ministries and Agencies as instructed.

- To ensure that law reform is properly and independently carried out in relation to legislation that requires reform and areas or issues that need legislative intervention or governance.

The Committee took notice of all the Government Bills and Regulations which were presented before the Parliament for the Year 2011/2012. Every law which is to be approved by Cabinet and passed by Parliament is initially reviewed and cleared by the Attorney General through the Drafting Division, after which the Attorney General’s Certificate is issued as verification that such laws are proper as to form and content.

As provided in the Annual Report 2011, there were thirteen (13) Acts prepared by the Legislative Drafting Division in 2011, including twenty one (21) Acts passed by Parliament in 2012. The Committee also took note of other extensive work of the Drafting Division which includes the drafting of Regulations, Notices, Orders and other Legislative Instruments.

ii. Criminal Prosecutions Division The Criminal Prosecution Division is responsible for meeting objective number 4 as referred to under the objectives of the Attorney General’s Office which is:

- To supervise and conduct criminal prosecutions and appeals in a fair and just manner.

The Committee noted that the Criminal Prosecutions Division is one of the busiest Divisions of the Office of the Attorney General as reported in the Annual Report.

The Division continues to handle all Supreme Court prosecutions and criminal appeals to the Court of Appeal, and also criminal appeals from the District Court; they also handle some District Court matters including prosecution against police officers and complex theft matters.

One major task conducted by the Criminal Prosecutions Division which was included in the Office’s Annual Report was the significant law reform of the Crimes Ordinance 196].

The Attorney General stated that the Crimes Bill 2011 which was tabled in 2013, reforms and repeals the Crimes Ordinance 1961. He also stated that the important changes to the Crimes Ordinance 1961 was initiated by a Working Group which was set up by the Government to review all laws that govern criminal activities in the country.

This Working Group was established under the Project which was led by the Criminal Prosecutions Division and channeled through the Law and Justice Sector.

Thi s Worki ng Group comprises representatives from Government Ministries which includes the Ministry of Police and Prisons, Ministry of Justice and Courts Administration, the Office of the Attorney General, the Ministry of Women, Community and Social Development, the Samoa Law Reform Commission and several other Government Ministries including the private sector.

These representatives work together not only to communicate and increase coordination amongst the Public Sector, but also to reach out to the community through village consultations. The Committee took note of the important changes made to the Crimes Ordinance 1961 as reported in the Annual Report, particularly to provisions addressing gender based violence.

iii. Civil Litigation & Opinions Division and Commercial Law and International Law Division Overall the Civil Division is responsible for meeting the following objectives: - To provide professional legal opinions and advice in a timely and efficient manner which Government Ministries and Agencies; - To negotiate, review and draft all government contracts/deeds and other related legal documents both domestic and international to ensure that Government’s interest is advanced and/or protected; - To supervise and conduct civil proceedings involving Government and provide legal support to or representation for Government in other formal enquiries.

The Committee took note of the fact that in the Annual Report, the Civil Division appeared for and responded on behalf of the Land and Titles Court (LTC) in relation to appeals on applications for Judicial Review of LTC decisions.

These types of matters are usually dealt with by the LTC in previous years. The Civil Division was also responsible for the Commission of Inquiry which the Government of Samoa approved for the Review of the Electoral Act 1963. The Civil Division has also been actively involved in a Working Committee that was set up to progress Samoa’s accession to the World Trade Organization (WTO).

The involvement of the Civil Division has been to provide the Committee with legal assistance in the form of legal advice, reviewing and drafting legal documents relating to the WTO accession.

iv. Corporate Services Division The Corporate Services Division (Corporate Division) is responsible for ensuring that the proper support is provided to the professional legal staff of the Attorney General’s Office.

The Committee took notice of the fact that the contribution of the Corporate Division to the execution of the From front page professional staff's duties is invaluable.

The Corporate Services Division is responsible for conducting Induction Trainings for new recruits of the Office of the Attorney General.

The compilation of the second edition Corporate Plan 2012-2015 was one of the challenging targets met by the Corporate Division.

The Division also finalized the Capability Plan for 2012/2013. The importance of this exercise as provided in the Annual Report is to develop the capacity building of staff by identifying the current skills and knowledge, and to identify areas that need improvement and how to make such improvements.

6.4 Law and Justice Sector The Samoa Law and Justice Sector (SLJS) comprises of the following Government Ministries and Offices and non-Government Representatives, which includes:

(i) Office of the Attorney General;

(ii) Ministry of Police and Prisons;

(iii) Ministry of Justice and Courts Administration;

(iv) Office of the Ombudsman;

(v) Ministry of Women, Community and Social Development;

(vi) Samoa Law Reform Commission;

(vii) SUNGO;

(viii) Samoa Council of Churches;

(ix) Representative for the Chiefs (Sui o Matai) The Committee took notice of the fact that the Sector is headed by a Steering Committee which is chaired by the Attorney General. The Sector’s key responsibilities include:

(i) raise recognition of the importance of law and justice

(ii) improve the direction, planning, management, communication, coordination and monitoring of government services (iii) harmonise service delivery, and improve effectiveness and value for money (iv) provide a government-owned priority-setting mechanism for development; and (v) facilitate international development assistance to support the Government’s priorities.

The Committee took notice of the new developments of the Law and Justice Sector which was revealed in the Sector’s Samoa Law and Justice Sector Plan 2008-2012.

This impressive achievement of the Sector aims to improve service delivery, and increase coordination amongst Sector Agencies, regarding law and justice issues/activities.

The Office of the Attorney General advised that the Law and Justice Sector should work together with the Ministry of Justice and Courts Administration in striving to achieve the Sector’s key objectives.

The Office of the Attorney General also stated that one of the greatest projects of the Law and Justice Sector is the Digitisation of Land and Titles Court Records.

This is another reason why the Office of the Attorney General suggests that it is suitable to move the Law and Justice Sector under the administration of the Ministry of Justice and Courts Administration.

6.5 Attorney General: Independent Body The Office of the Attorney General showed gratitude as the Office became independent from the supervision of the Public Service Commission. This notable change was enforced in 2013 under the amendment made to section 83(g) of the Constitution, whereby the Office of the Attorney General becomes independent from the Public Service Commission. The Committee took notice of the intention of this amendment, which gives the Attorney General more control over the employment of his staff.

The Committee is of the view that this would be a good opportunity for the Attorney General to look at ways to enhance the reformation of his Office for positive results in the future.

The Attorney General also stated that this significant change will benefit the Office in avoiding employees from leaving the Office to take up better paid jobs with the private sector and other Corporations.

The Attorney General is working on ways to keep his employees especially the much experienced employees at the senior level.

The Committee echoed the same problems of the Office over the years and it is for that very reason why the Committee advised the Government that the Office of the Attorney General be independent from the Public Service Commission.

7. RECOMMENDATIONS:

At the conclusion of its consideration the Committee resolved to recommend the Government:

1. To review the appropriate salaries for the employees of the Office of the Attorney General in order to attract more law graduates to take up jobs with the Office and at the same time keeping lawyers at senior level who are currently employed under the Office. This will avoid the increase in the number of employees who opt to take up better paid jobs with other Government Ministries, Corporations and the private sector.

2. To review its policies on whether or not it is suitable to have the Law and Justice Sector under the administration of the Ministry of Justice and Courts Administration.

8. RESOLUTION:

At the end of its inquiries, the Committee resolved to recommend to the Assembly to approve:

1. .P 2013/2014 No.77, Annual Report of the Office of the Attorney General for the financial Year Ended 30th June 2012 Hon TUU’U Anasii Leota CHAIRPERSON

For the past two weeks, the Samoa Observer has been publishing the 39 reports tabled and approved by Parliament without debate, last month. Today, we are looking at the Government Administration Committee’s (G.A.C.) report on the Attorney General Offi ce’s Annual Report for the Financial Year ending June 30 2012.