Fiji’s Speaker of Parliament rules against petitions calling for withdrawal of Bill 17

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Speaker of the Parliament Ratu Epeli Nailatikau during a sitting of Parliament. Picture: SUPPLIED

Fiji’s Speaker of Parliament Ratu Epeli Nailatikau today ruled against three petitions from Opposition MPs that called for the withdrawal of the controversial iTaukei Land Trust (Budget Amendment) Bill 2021 currently before Parliament.

The three petitions were from SODELPA party leader Viliame Gavoka, Opposition MPs Lynda Tabuya and Jese Saukuru.

Mr Gavoka’s petition stated: “We, the undersigned, petition the Parliament of Fiji and the Prime Minister of Fiji to direct the Minister for Economy to withdraw Bill 17 of 2021 and end any further legislative process.”

Ms Tabuya’s petition stated: “We the undersigned hereby petition the Parliament of Fiji to stop the passing of this law which operates to erode the guardianship role of the iTLTB and reduces the power of the landowners to have their rights, interests and wishes protected by the iTLTB once the lease is issued.”

Mr Saukuru submitted his petition by way of a letter that also requested the withdrawal of Bill No. 17 of 2021.

“Honourable Members, it is established law, under section 47 subsection 3 of the Fijian Constitution, that a Bill may proceed more quickly than permitted by the Standing Orders if when the Bill was introduced, the mover requested that Parliament approve consideration of the Bill without delay, and a majority of the Members of Parliament voted in support of the request. This constitutional provision is mirrored in Standing Orders 51 and 91,” Ratu Epeli said.

“Therefore, on 16th July 2021 in accordance with Standing Order 51, Bill No. 17 of 2021 was tabled before Parliament as part of a list of Consequential Bills for the 2021-2022 National Budget. Parliament had agreed that all Consequential Bills for the 2021-2022 National Budget – be considered by Parliament without delay; must pass through one stage at a single sitting of Parliament; must not be referred to a Standing Committee or other Committees of Parliament; must be debated and voted upon by Parliament immediately after the vote on the 2021-2022 Appropriation Bill; and that the time for the debate be limited to ensure that the Consequential Bills are debated and voted upon in the sitting of Parliament beginning on Monday, 26 July 2021.

“Since Parliament agreed that all Consequential Bills in relation to the 2021-2022 National Budget must follow the process I have just read out loud, I hereby rule that Members of Parliament cannot use the submission of a petition under Standing Order 37 to withdraw Bill No. 17 of 2021 from Parliament, and frustrate a process that has already been agreed to by Parliament. This will clearly be an abuse of parliamentary process.”

Ratu Epeli said the call the Prime Minister and Parliament to direct the Attorney-General to withdraw or to stop the passing of Bill No. 17 of 2021 in the respective petitions, was wholly misconceived.

“Under Standing Order 90, it is the Member who is in charge of the Bill that may withdraw the Bill at any time before the third reading of the Bill, with the leave of Parliament.

“The Standing Orders do not provide for the Parliament or the Prime Minister to direct a Member of Parliament to withdraw a Bill that has been tabled by that Member of Parliament.

“The Standing Orders are clear and the only way to defeat a Bill is to vote against the Bill.”

Ratu Epeli ruled the respective petitions filed by the three MPs were out of order and would not be presented to Parliament.

He said any issues in relation to Bill No. 17 of 2021 must be raised and debated by Members of Parliament at the time of the scheduled debate.

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