PARLIAMENT OF FIJI PARLIAMENTARY DEBATES THE SENATE DAILY HANSARD MONDAY, 28TH FEBRUARY, 2005 The House resumed at 10.05 a.m. pursuant to notice. MR. PRESIDENT took the Chair and read the Prayer. PRESENT Hon. Senator Qoriniasi Bale Hon. Senator Dr. Ahmed Ali Hon. Senator Kenneth Low Hon. Senator Mitieli Bulanauca Hon. Senator Rev. Tomasi Kanailagi Hon. Senator Adi Litia Cakobau Hon. Senator Gagaj Maraf Solomone Hon. Senator Ratu Geroge Cakobau Hon. Senator Ratu Josefa Dimuri Hon. Senator Paula Lacawai Hon. Senator Ratu Apisai Naevo Hon. Senator Adi Koila Nailatikau Hon. Senator Ratu Kinijoji Maivalili Hon. Senator Professor Asesela Ravuvu Hon. Senator Ratu Josaia Rayawa Hon. Senator Jokapeci Koroi Hon. Senator Dr. Atu Emberson-Bain Hon. Senator Tulsi Raml Khelawan Hon. Senator Ponipate Lesavua Hon. Senator Felix Anthony Hon. Senator Ratu Epeli Nailatikau Hon. Senator Anand Kumar Singh Hon. Senator Mohammed Afzal Khan Hon. Senator Ratu Kiniviliame Taukeinikoro Hon. Senator Ratu Epeli Niudamu Hon. Senator Ratu Kinijioji R. Vakawaletabua Hon. Senator Ratu Kolinio Rokotunaceva Hon. Senator Viliame Navoka Absent Hon. Senator Ratu Inoke Takiveikata Hon. Senator Apisai Tora Hon. Senator James M. Ah Koy ELECTION OF VICE-PRESIDENT Honourable Senators, as you aware, the honourable Senator Dr. Ahmed Ali, Vice-President of the Senate was appointed a Cabinet Minister as Minister for Information, Media Relations and Communications on 20th December, 2004. We again wish the honourable Senator Dr. Ali well in his new appointment and we thank him for all the services rendered to the Senate during his term as Vice-President. The Office of Vice-President, thus becomes vacant in accordance with Section 81(7)(c) of the Constitution. As such, honourable Senators, we shall now proceed with the election of a new Vice-President to replace the honourable Senator Dr. Ali. Honourable Senators, I now call for nominations from the floor. HON. SENATOR Q.B. BALE.- Mr. President, Sir, I beg to nominate the honourable Senator Kenneth Low to be the Vice-President of the Senate. HON. SENATOR DR. A. ALI.- Mr. President, Sir, I beg to second the nomination. MR. PRESIDENT.- Are there any further nominations? Since there is no further nominations, I invite the proposer and the seconder to escort the honourable Senator Low to be sworn in. HON. SENATOR Q.B. BALE.- Mr. President, Sir, I rise to offer a clarification. The escorting procedure, as I understand it, is confined to the Office of the Speaker in the Lower House and the Office of President in the Upper House. After all, the Vice-President is sworn in but does not actually take the Chair. He only performs the functions of the President in the event the President is unable to preside over the business of this august House. Sir, I therefore, believe that it is not correct protocol that the Vice-President (and not even the Deputy Speaker in the Lower House) is escorted to be sworn in, but I will abide by the Chair's ruling. I believe that the honourable Senator Dr. Ali was not escorted to be sworn in after his election, Sir. MR. PRESIDENT.- Honourable Senators, in that case, I shall ask the honourable Senator Low to come forward for his allegiance. (The honourable Senator Low took his oath of allegiance as Vice-President of the Senate). (Acclamations) Honourable Senators, on behalf of the House, I again take this time to warmly congratulate the new Vice-President of the Senate, the honourable Senator Kenneth Low.
MINUTES HON. LEADER OF THE HOUSE.- Mr. President, Sir, I beg to move: That the Minutes of the sitting of the Senate held on Friday, 17th December, 2004, as previously circulated, be taken as read and be confirmed. HON. SENATOR M. BULANAUCA.- Mr. President, Sir, I beg to second the motion. Question put. Motion agreed to. COMMUNICATION FROM THE CHAIR MR. PRESIDENT.- Honourable Senators, I welcome you all to the first Senate Meeting for 2005. I trust that you have all had an enjoyable Christmas and New Year and quality time with your families, and are now prepared for a very fruitful 2005 in this august House. Our Bible reading this morning is taken from the Book of Nehemiah 2: 17. It says and I quote: "You see the trouble we are in: Jerusalem lies in ruins, and its gates have been burned with fire. Come let us rebuild the wall of Jerusalem and we will no longer be in disgrace." Honourable Senators, we have a Message from the Speaker of the House of Representatives, which I will direct the Acting Secretary-General to read. ACTING SECRETARY-GENERAL.- "MESSAGE NO. 1 OF 2005 To : The Honourable President of the Senate The House of Representatives acquaints the Senate that it has passed the following Bills in which it desires the concurrence of the Senate :- 1. A Bill to amend the Mutual Assistance in Criminal Matters Act (Bill No. 27/2004) - Passed in the House of Representatives on 8/02/2005. 2. A Bill to amend the Medical and Dental Practitioners Act (Bill No. 29/2004) - Passed in the House of Representatives on 8/02/2005. 3. A Bill to amend the Income Tax Act (Bill No. 3/2005) - Passed in the House of Representatives on 16/02/2005. 4. A Bill to amend the Value Added Tax Decree (Bill No. 4/2005) - Passed in the House of Representatives on 10/02/2005. 5. A Bill to amend the Gambling Turnover Tax Decree (Bill No. 5/2005) - Passed in the House of Representatives on 10/02/05. 6. A Bill to amend the Hotels Aid Act (Bill No. 6/2005) B Passed in the House of Representatives on 10/02/05.
Bills 3, 4 and 5 of 2005 are Money Bills. The House of Representatives also acquaints the Senate that it has passed the following Bill with amendments which now form part of the Bill: - 1. A Bill for an Act for the protection of the natural resources and for the control and management of developments, waste management and pollution control and for the establishment of a National Environment Council and for related matters (Bill No. 19/2004) - Passed in the House of Representatives on 17/02/2005. Honourable Senators, the amendments were circulated to honourable Senators under Circular Memorandum No. 02/SS/2005, which was dated 17th February, 2005. The House of Representatives further acquaints the Senate that the following Bills have been committed to the relevant Sector Standing Committee:‑ 1. A Bill to repeal the Maritime and Ports Authority of the Fiji Islands Act and to make provision for the Administration of Sea Ports, and for related matters (Bill No. 1/2005) ‑ Committed to the Sector Standing Committee on Administrative Services. 2. A Bill to amend the Maritime Act 1986 to give effect to the reorganisation of Fiji's Sea Ports, and for related matters (Bill No. 2/2005) ‑ Committed to the Sector Standing Committee on Administrative Services. (Hon. Manasa Tugia) Acting Speaker, House of Representatives 18th February, 2005" PAPERS LAID ON THE TABLE Airports (Fiji) Limited - Annual Report 2003 (Parliamentary Paper No. 03/2005) Report of the Auditor-General 2005 - Special Investigations No. 1/05 (Parliamentary Paper No. 12/2005) Tavua Town Council (Annual Report for the Year Ended 2002 (Parliamentary Paper No. 48/2004) Ministry of Health - Annual Report 1999 (Parliamentary Paper No. 61/2004) Fiji Audio Visual Commission - Annual Report for the Year Ended 2003 (Parliamentary Paper No. 64/2004) Fiji Development Bank - Annual Report 2004 (Parliamentary Paper No. 68/2004) Ministry of Local Government, Housing, Squatter Settlement & Environment - Annual Report for the Year Ended 2003 (Parliamentary Paper No. 69/2004) Fiji National Provident Fund - Annual Report 2004 (Parliamentary Paper No. 72/2004) Ministry of Fisheries and Forests - Annual Report 2003 (Parliamentary Paper No. 75/2004) Training & Productivity Authority of Fiji (TPAF) - Annual Report 2003 (Parliamentary Paper No. 88/2004) Labasa Town Council - Annual Report for the Year 2002 (Parliamentary Paper No. 92/2004) Government Supplies Department - Annual Report for the Year 2001 (Parliamentary Paper No. 97/2004) PRESENTATION OF REPORTS Report of the Joint Sector Standing Committee on Natural Resources and Social Services on the Environment Management Bill, 2004 HON. SENATOR RATU G. CAKOBAU.- Mr. President, Sir, I rise this morning in my capacity as a Member of the Joint Sector Committee on Natural Resources and Social Services, to present the Committee's Report on the Environment Management Bill, 2004 (Bill No. 19 of 2004) in this august House. The scrutiny exercise of this very important Bill began in August 2004. Two interim reports were tabled in the other House whereby an extension of time was granted to enable the Committee to fully complete its task. The primary objective of the Bill, Sir, is to ensure the sustainable use of our nation's resource so that our future generations are not disadvantaged by the irresponsible acts of today. This is being done through composite legislative framework, which draws its provisions from the two Bills drafted in 1996 and 1999 on Sustainable Development, but were not proceeded with in Parliament. In the consultation process, there were strong views expressed in relation to the timing of this Bill; that the proposed Customary Fishing Rights Bill should be tabled and enacted before this Bill, because some of the provisions in this Bill may conflict with the ownership as well as resource use and management in that proposed legislation. Mr. President, Sir, the Committee after careful scrutiny of the relevant provisions, finally agreed that the Environment Management Bill should be proceeded with first, on the understanding that the drafters ensure that no conflict will arise, when both Bills become law. The Committee undertook extensive consultations with the Ministry of Fijian Affairs in relation to section 11 of the Fijian Affairs Act, the Ministry of Health, three provincial councils, ministries and departments, major stakeholders and local Government bodies. Mr. President, Sir, the Committee received 45 written and oral submissions. It also toured the Central and Western Divisions as well as Vanua Levu. However, due to the time and financial constraints, the Committee was not able to visit the Maritime Provinces and the interior of the main Islands. The briefings and site visits were an eye‑opener in terms of environmental issues. The Committee was impressed with the positive and proactive steps taken by the local communities, the logging industries, and other stakeholders to address these issues. There are 63 clauses in the Bill and two Schedules. The Committee scrutinised each clause and the two schedules individually and noted the submissions made on each of them. It deliberated on each of the clauses and made specific recommendations. The Committee recommends that amendments now form part of the Bill and have been circulated to Members. Mr. President, Sir, the Committee also raised some issues of a general nature. Although these are not specifically covered by the Bill, they are deemed important enough to deserve consideration by Government and this House before enactment of the Bill. In general, the Committee felt that the enactment of an environment legislation, which is comprehensive in nature, as well as take account of modern and internationally accepted practice, has long been awaited. This Bill is also a legislation that the Committee fervently hopes will address, through management and control mechanisms, the increasingly negative aspect and detrimental effects on the environment, of developments that are taking place today. Whilst this legislation is aimed at addressing the compliance of new development proposals and new facilities with environmental measures, it also tries to address the current environmental issues and concerns involving existing facilities and situations. The Bill proposes the following strategies to achieve this objective. That is: (i) One must have a permit to discharge waste; (ii) EIAs are compulsory for the kinds of development proposals listed in the schedule, including Government projects; (iii) The enforcements of statutory functions in various ministries, departments, statutory and local authorities will be strengthened by the Bill, through the appointment of environment inspectors, environment management units and environment management committees; environmental management plans as well as the imposition of penalty provisions which are to act as deterrents to the commission of offences. The Committee, Mr. President, Sir, gave serious consideration to the effective implementation of this legislation, the need for the provision of appropriate resources for implementing agencies and enforcement agencies, the need to create an environment that is conducive to positive attitudes and commitment to the practices and procedures, the need for awareness programmes that are understood by all citizens in Fiji. These issues I have just highlighted are the realities which Government and the legislators must address for such laws to be effective and understood by all citizens. The Committee had worked closely with the Parliamentary Legal Counsel and the Department of Environment on its recommendations. In conclusion, Sir, I would like to endorse the Chairman's sentiments and extend our appreciation to the many departments, organisations, corporate bodies and individuals who made submissions to the Committee; the assistance provided at briefings and site visits around the country; and to the secretariat for the very efficient services rendered. Mr. President, Sir, I am now pleased to present to this august House the Report of the Joint Sector Standing Committee on Natural Resources and Economic Services, on the Environment Management Bill, (Bill No 19 of 2004). BILLS - FIRST READING A Bill to amend the Income Tax Act (Bill No. 03/2005). A Bill to amend the Value Added Tax Decree (Bill No. 4/2005). A Bill to amend the Gambling Turnover Tax Decree (Bill No. 5/2005). A Bill to amend the Hotels Aid Act (Bill No. 6/2005). A Bill to amend the Mutual Assistance in Criminal Matters Act (Bill No. 27/2004). A Bill to amend the Medical and Dental Practitioners Act (Bill No. 29/2004). A Bill for an Act for the protection of the natural resources and for the control and management of developments, waste management and pollution control and for the establishment of a National Environment Council and for related matters (Bill No. 19/2004). MR. PRESIDENT.- Honourable Senators, briefings on Bills 3, 4 and 5 of 2005, as you have been informed, will commence at 11 o'clock this morning in the Big Committee Room. Briefings on the other three Bills will be held tomorrow, Tuesday, 1st March. This House is therefore, adjourned to 9.30 a.m. on Wednesday, 2nd March, 2005. The House is now adjourned. The House adjourned at 10.30 a.m.
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