Parliament of Fiji

HON. G. AHMED.- Mr. President, Sir, I wish to correct the attendance list of yesterday's Minutes, Monday, 2nd October, 2006. The honourable Senator Singh was not present and I beg that his name appears under the "Absent" list.

Question on amendment put.

Motion as amended agreed to.

COMMUNICATION FROM THE CHAIR

MR. PRESIDENT.- Honourable Senators, I wish to share a Word of God this morning, taken from the Book of Matthew, Chapter 4 verse 4, and I quote:

"People need more than bread for their life, they must feed on every Word of God."

CONDOLENCES - SIR VIJAY RAGHUBAR SINGH

HON. SENATOR Q.B. BALE (Attorney-General and Minister for Justice).- Mr. President, Sir, I beg to move:

That this House expresses its deep regret at the passing on Monday, 25th September, 2006 of Sir Vijay Raghubar Singh, former Member of Parliament, Minister for Commerce, Industry and Cooperatives from 1970 to 1972, Deputy Speaker from 1973 to 1975, Speaker of the House of Representatives from 8th October, 1975 to 27th April, 1977 and Attorney-General and Minister for Economic Planning from 1978 to 1979, and records its deep appreciation of his long and outstanding public services to the House and the nation and tenders its profound sympathy to his family.

HON. SENATOR G. AHMED.- Mr. President, Sir, I beg to second the motion.

HON. SENATOR Q.B. BALE.- Mr. President, Sir, I rise to elaborate on the motion. Sir, Vijay Raghubar Singh died peacefully at his home in Brisbane on 25th September, 2006.

Vijay Raghubar Singh was born on 13th July, 1931 into a poor sugarcane farming family in Ba. His known early education background was relatively uneventful, but sufficiently extraordinary during that time to enable him to proceed to England in 1951 where he read law in London. He graduated and was first admitted to the Fiji Bar as a lawyer in April 1954.

Sir Vijay's career as a legal practitioner was relatively quiet during a period when a lawyer's prowess was predicated more upon his skills and flamboyant ability as an advocate in Court rather than in his ability as a practitioner in corporate law and conveyancing. This, of course, set the dividing line between flamboyant advocates of the likes of Karam Ramrakha, Saddiq Koya and other professional colleagues during that era. That trend has changed with the socio-economic life and development in modern Fiji, where practitioners in corporate and commercial law and related fields have today taken centre stage.

This process of change brought into prominence Sir Vijay's skills and uncanny ability and passion for public service. He chalked up a formidable array of achievements in politics, law and community service. I will mention the main ones.

From 1967 until late 1979, Sir Vijay Singh developed as a permanent feature of Fiji's political landscape. He became a Member of Fiji's Legislative Council in 1967 and was the Indian Member and Minister for Social Services in the Council of Ministers towards the end of Fiji's Colonial era. During that period, he also served as the Minister for Commerce, Industry and Cooperatives. Sir Vijay's passion for service to the public saw him elected as the Indian Member East-Central (National) in the House of Representatives in the first General Elections held in 1972 after Fiji gained Independence in 1970. He was then appointed as Minister for Urban Development, Housing and Social Welfare.

During his political career as a Member of Parliament, he was elected as the Deputy Speaker before taking over as the Speaker of the House of Representatives in early 1976. That was the same year in which Sir Vijay received his knighthood and thereafter he became publicly known as Sir Vijay. The citation for his knighthood reads, after a brief recount of his service in Fiji, as follows:

"Mr. Singh rendered valuable service to Fiji in his career as civil servant, Parliamentarian, Minister and latterly as Speaker of the House of Representatives. In his tenure of his present position, he has shown impartiality, judgment, curtsey and firmness which have won regard of the House and outside of the House.

Sir, during his time in Parliament, Sir Vijay served in various House Committees, either as chairperson or as a member, including the Public Accounts Committee, Standing Orders Committee, Petitions Committee and the Select Committee on Sugar.

In late 1977, Sir Vijay was appointed Attorney-General in the Alliance Government of the late Turaga Bale na Tui Nayau, Ratu Sir Kamisese Mara. I was fortunate to have served as Solicitor-General under his stewardship as Attorney-General, towards the tail-end of his active parliamentary career in 1979. I enjoyed and appreciated the opportunity and privilege of working with Sir Vijay, as a political lawyer. I found him to be an astute legal strategist in a highly-charged political environment. In the same way that I found a master in the art of court advocacy in my friend, Mr. Jai Ram Reddy, now a justice of high repute in international courts, I found a master in legal strategising in an increasingly challenging political environment in the late Sir. Vijay Singh.

As a political lawyer, where I believe, Sir Vijay left an indelible mark in Fiji's public life, he recognised and articulated often in published articles, the wishes and aspirations of the public he served, especially in the sugar farming industry. Many recognised that his literary style was lucid, elegant, incisive and intellectually stimulating.

For the record, Sir Vijay was President of the Fiji Kisan Sangh for two decades and was the first CEO of the Sugar Cane Growers Council, when it was newly established in 1985. It is also recorded that Sir Vijay was elected in 1979 as President of the Governing Council of the United Nations Development Programme (UNDP) in New York.

Mr. President, Sir, in his political life and devotion to public service, Sir Vijay was an eloquent champion of fair and just treatment for all, without the divisive factors which have tended to plague our society in recent decades. He excelled as a political lawyer and as a legal strategist in a political environment.

Professionally, my last public encounter with Sir Vijay was in the case of the CCF and Others vs. His Excellency the President in early 2001. Sir Vijay represented the CCF as Plaintiff, to challenge various decisions and actions taken by His Excellency the President, as part of the aftermath of the political chaos and turmoil, which followed the events of May 2000. That was before I joined the SDL Coalition Government as its Attorney-General and Minister for Justice, and I represented the President. The decision of the court paved a fresh political path towards peace and stability for our country.

I acknowledge with thanks the very nice eulogies delivered during the memorial service held in Sir Vijay's honour by the Fiji Law Society on 29th September. That was a very nice gesture, which I am certain, was deeply appreciated by Lady Maya and the family.

Personally, Sir, I regard myself as a close friend of Sir Vijay and his good wife, Lady Maya. Both were always so genuine and friendly to me. I know that Sir Vijay's demise has left a vacuum that will take a long time to heal for Lady Maya and their grandson and namesake, Vijay Singh (Junior). To them, I extend the sincerest condolences and sympathies of this Government and Members of this august House, both past and present. May Sir Vijay's soul rest in peace and may the good Lord bless Lady Maya and the family.

Mr. President, Sir, I thank you for the opportunity to speak in support of the motion which I commend to the House.

HON. SENATOR G. AHMED.- Mr. President, Sir, I rise to join the honourable and learned Attorney-General and Minister for Justice, in paying tribute to the late Sir Vijay Raghubar Singh, who died in Brisbane, Australia on Monday, 25th September, 2006.

Sir, I came to know the late Sir Vijay R. Singh in 1985, when he became the first CEO of the Sugar Cane Growers Council, in which my father was a member. I have joined him in many occasions during this period, in the talanoa session with my father and I admired his character and pleasant personality.

Sir, during his term, he was the President of the Fiji Kisan Sang, one of the biggest sugarcane growers association in this country and he champions the rights and voice of the people, especially the sugarcane growers. He was the architect of the Master Award, which was an agreement between the Sugar Cane Growers and the FSC.

The late Sir Vijay Singh was also involved in religious activities. He was a very strong supporter and was an executive member of the Arya Pratinidhi Sabha of Fiji, where he was very instrumental in building many educational institutes of the Samaj. I am sure the members of the Arya Samaj are deeply in sorrow about the passing away of the late Sir Vijay.

Sir, the late Sir Vijay was a man of principle and always believed in democracy. He was intelligent and very quick to know the grips of issues involved. He was always committed to Fiji and promoted multi-racial and multi-cultural values for the people of Fiji. His major pre-occupation, Sir, was for a worthy cause. No doubt, the late Sir Vijay was an outspoken leader, politician, friend and a lawyer. He was outspoken in which ever field or side he took. He was a brave and honest person. He had tremendous parliamentary skills and was fully conversant with parliamentary procedures. I call him a "master mind", Sir. He was a good husband, father, friend, legal colleague, parliamentary colleague and a good grog drinker and smoker. He enjoyed his bowl of yaqona, cigarette, and of course, scotch was his favourite past time drink.

Mr. President, Sir, the late Sir Vijay also took a lot of interest in sports and always encouraged his children for positive participation and eventually, his daughter and son were at one time long distance athletes. Sir, he will be long remembered by the people of this country, and of course, he will have a special place in the history book of Fiji.

Sir, in 1952, he started his law practice in Labasa and became a good public figure in the Northern Division.

Sir, the late Sir Vijay's political career is also outstanding. Records showed that he was first a Member of the Legislative Council in 1959 and from there on nothing stopped him from becoming a member of Parliament. He became a Minister, Deputy Speaker, and then Speaker of the House of Representatives. He was a member of the Public Accounts Committee, as already mentioned by the honourable and learned Attorney-General and sat on various committees of the House of Representatives.

Mr. President, Sir, when he was the Attorney-General and Minister for Economic Planning, he was also a member of the Petitioners Committee in 1978, a member of the Standing Reviews Committee in 1978, a member of the Sugar Select Committee in 1979 and also a member of the Standing Orders Committee in 1979.

The late Sir Vijay Singh together with the late Tui Nayau, former Prime Minister and later the President of this country, Ratu Sir Kamisese Mara, formed Fiji's first multiracial political party, namely the Alliance Party in which he was the President of the Indian Alliance for many years.

During the Alliance Government, the late Sir Vijay was appointed Minister for Social Services which included health, education, housing and social welfare. During this period, the University of the South Pacific, was established. Later, he was appointed the Minister for Commerce, Industry and Cooperatives where he was instrumental in the establishment of flour mill, steel rolling mill and the second brewery in Fiji. He also played an active part in the Constitutional Conference in London, which resulted in our 1970 Constitution and Fiji's independence.

Sir, in 1976 the late Sir Vijay became the first Indo-Fijian to be knighted by Her Majesty the Queen for his services as a citizen, a member of Parliament, Minister and Speaker of the House of Representatives.

Sir, during the 1987 coup, he worked tirelessly to protect the rights and interest of the Indian community. He was declared persona-non-grata by the Rabuka Government for lobbying with the Commonwealth Conference in Vancouver, after the second coup in September 1987 to take penal measure against Fiji for violating the democratic and human rights of its citizen.

Mr. President, Sir, his last words, which was very well covered by the media, was "I love Fiji", this makes a mark in the hearts of many citizens of this country. Late Sir Vijay's last contribution was his book called Speaking out which was launched by the Vice President, Ratu Jone Madraiwiwi. This is what the Vice President said about Sir Vijay Singh and I quote:

"He was courteous, witty and assertive but never crude, louteous and mean".

Mr. President, Sir, his passing away leaves a vacuum, which cannot be filled or replaced.

Sir, on behalf of the Fiji Labour Party President, Senator Koroi, and its leader, the honourable Chaudhry, all members of both Houses, my party officials and supporters and the entire Indian community of Fiji, I convey my deepest condolences to Lady Maya Singh and her family on the passing of one of the great sons of Fiji.

Here, Sir, I say, may his soul rest in peace.

HON. SENATOR A. SADOLE.- Mr. President, Sir, I rise to pay a short tribute to the life of the late Sir Vijay Raghubar Singh on behalf of the Great Council of Chiefs nominees in this august House.

Throughout life we will all at some point in time loose a great person, one of those really special people. Someone so loyal to his country that they seem impossible to replace and very often that is true. At times like this it is so important for us to pay tribute or dedication to them. One of them is Sir Vijay Raghubar Singh, former Speaker of the House of Representatives and former Attorney General and politician who left us on the 25th of September, 2006 at 5.15 p.m. Fiji time at his family home in Brisbane, Australia. During his final hours with his family, Sir Vijay was reflecting on the political situation in Fiji, saying that if one were to visit a fijian village or a rural settlement where the two major races lived, one would easily notice the harmony and oneness between the two communities.

Sir Vijay, I must say is a great believer in multiracialism. He was like a beam of light that penetrates the darkness and removes the scale from our eyes, in order for us to see and accept the fact that we can only progress if all races live and work together for the common good of all. As the old Chinese proverb says and I quote:

"If there is light in the soul there will be beauty in the person. If there is beauty in the person, there will be harmony in the house. If there is harmony in the house there will be order in the nation. If there is order in the nation there will be peace in the world".

Sir Vijay was a man who stood for his believes and many a time he was critisised and lost the trust of some of his close associates as time and again he tried to align himself with the views of some of the indigenous Fijians leaders on multiracialism. Through his wisdom, foresight and belief, Sir Vijay pressed on regardless of the many setbacks he faced as he was determined to achieve his objectives through proper dialogue and understanding. He also believed in justice and fairness. This distinctive quality had his roots in the struggle for equality and fair deal for cane farmers during the days of Colonial Sugar Refinery Company of Australia.

Sir Vijay never severed his ties with Fiji even when his life was at its lowest. He continued to speak about the country with fondness until his death. He told his family about Fiji as being a paradise. He showed that although the turmoil and instability of 1987 and 2000 he was at peace with his creator. He will be hard to replace and his untimely passing will leave us leaders with a mammoth task to continue with his vision of a multiracial Fiji.

Sir Vijay has sacrificed a lot for this nation for this future generation, in the hope that one day we will see a new beginning and a brighter future, that one day we can stand united in peace and harmony and be proud of our rich heritage and our home called Fiji.

My prayers go out to his family, especially his loving wife Lady Maya, who stood by him until the final hours of his life. May God give them the strength and comfort in this time of their great loss. May Sir Vijay's soul rest in peace.

MR PRESIDENT.- Before I call on all the honourable Senators to rise in their places for a minute of silence as a mark of respect to the late Sir Vijay Raghubar Singh, does the honourable Attorney General wish to say anything further? May I ask the honourable Senators to rise in their places for one minute of silence. We will now adjourn the House for morning tea. The House is adjourned.

HON. SENATOR H.D. KHAN.- Mr. President, Sir, the Bill has been cited as the Value Added Tax Decree (Diplomatic Missions - Amendment) Bill, 2006 and is to come into force from 1st October, 2006. The Value Added Tax Decree, 1991 is amended by adding after section 70, the following sections:

70A (1) Notwithstanding anything contained in this Decree, a Diplomatic Mission (as defined in the Vienna Convention on diplomatic relations) is entitled for Value Added Tax refund in respect of the initial costs of newly constructed premises of its Mission in Fiji."

(a) to any other premises except for premises to be used for the professional diplomatic purposes of the Diplomatic Mission;"

It has been clarified to us, Sir, that the residencies, et cetera, do not come under the ambit of this amendment.

"(b) costs of extensions to, improvements, enlargements or repairs of any existing premises to be used for its mission:

So, only new premises that are to be constructed hereafter, are to be eligible for these exemptions.

"(c) any extensions to, improvements of or enlargements of premises to which the entitlement was provided under subsection (1)."

So, anything that will be added further to any of the existing premises which will be covered by this will not attract these amended concessions.

Mr. President, Sir, it is important to note that the Vienna Convention and diplomatic relations have been mentioned in this amendment. Some confusion may be arising as to why such reference is being made. Amongst other things, Sir, the Vienna Convention recognises that the host country would offer or allocate to guest countries the best it can to facilitate the establishment and running of their embassies. It is expected, Sir, that what is in the best interest of the host country would not necessarily be the same by any other standards of other host countries, but obviously within the means of what the country can afford and it differs from country to country. However, the principal essence of it is that you will offer the best possible facilities to accommodate the guest countries.

It has been noted also, Sir, that some of the embassies that already exist in Fiji have missed out on these provisions now being mooted. For example, Sir, the Australian Embassy which carried out major developments over the last decade did not seek such exemptions and accordingly were not accorded the same. So they have not been beneficiaries to what is now being suggested. The immediate beneficiary, Sir, for which perhaps, this has been brought about and for future embassies as well, but the immediate beneficiary of this amendment will be the US Embassy. We are advised, Sir, that the new embassy project in Tamavua is to cost around $60 million of which the VAT element is going to be around $8 million. The content and the extent of the project, Sir, will require some local contribution by contractors and suppliers locally, but to a large portion. Sir, the development will see the sourcing of services and supplies largely from the US. The US resident contractors, Sir, will also be registered for VAT and be entitled to claim refund. Both the US Embassy and the non-resident contractors, therefore, will de-register from VAT after completion of the contracts.

Mr. President, Sir, ongoing attempts by Fiji to offer the best host position is nothing new because we have been attempting for many years to woo not only foreign embassies, but also multi-lateral organisations, NGOs and even other multi-national organisations. Firstly, Sir, this is in keeping with our Fijianess (if you will) in that Fiji is always a host country, and the cultural ties that we have with people of other nations in trying to be good citizens of the larger international communities. Fiji is well-known, Sir, in all arenas as good accommodating, host people.

Also, importantly, Sir, the multi-faceted benefits that will accrue from such initiatives bring to Fiji and the region many hosts of good economic benefits and the multiplier effects thereof. Many institutions, which are either here or have direct relationship with Fiji and the region have some form or another of deep-rooted ties with the United States, particularly the mainland US. Naturally, Sir, the broadening of the US presence in Fiji will be of greater comfort, their aspirations for closer affiliation to Fiji and the region.

The US Embassy construction is to commence in January 2007 and is to be completed by 2009. Reportedly, Sir, some 5,000 square metres of development will take place and this is a substantial complex with support facilities. The net cost, as I said earlier, Sir, is going to be $52 million less the VAT element.

Apart from the normal trade partnership with the US, Sir, several hundred Fijians reside and work in the US. Their remittances in recent times have made significant contribution to the balance of payment of this country. It is important to note, Sir, that once this initiative is put into place, other embassies such as the European Union, China and New Zealand may follow suit in developing their embassy properties in this country. All these countries, Sir, are very important allies and friends of Fiji and in recent times have contributed tremendously to our development as a nation. The European Union, Sir, alone has been one of the largest donors and in the near future, we are expecting to the tune of some $350 million in the sugar industry rehabilitation assistance. Similarly, China has also emerged as a significant provider of assistance to our country.

It is very easy, Sir, to become emotionally charged and relate the $8 million to be foregone by the VAT exemption to what immediate relief or benefit it could bring to our own social obligations, which could be better met by these funds. However, Fiji, as a small developing island nation cannot live in isolation of the larger players in the world today from points of view of security, trade, aid assistance, nor Sir can we deny the emergence of Fiji as a key player in the regional, social, political and economic playgrounds. We have to continue to foster such measures, which accord us positive mileage in the region and international arena and capitalise on direct and indirect reciprocal benefits and values.

Speaking of direct reciprocity, Sir, there is a strong possibility that Fiji may be able to get reciprocal benefits from the US and other countries, which would be beneficiaries of the tax exemption mooted by the amended Bill here. From a small economy point of view, these incentives collectively, Sir, may be more meaningful for Fiji in the long run.

Lastly, Sir, one must not forget that we are a small island nation and as such we are vulnerable to many calamities and other vagaries. Some examples, Sir, obviously that one comes to mind right now are cyclones, earthquakes, tsunamis, floods, droughts, et cetera. It is at times when such God-forbidden calamities come about or natural disasters happen that the goodwill we extend by such initiatives (as being mooted here, Sir), big brother nations pay huge dividends.

MR. PRESIDENT.- Honourable Senators, I intend to adjourn the House until tomorrow morning as the Business Committee will need to meet as we rise. Therefore, the debate on the Bill before the House will commence tomorrow. The Business Committee will meet in my Chambers when we rise. The House now stands adjourned until 9.30 a.m. Wednesday, 4th October, 2006.