The Fiji Law Society is calling on Government to withdraw Bill No. 49 – a proposed amendment to the Electoral Act – from Parliament so adequate time can be given to consider all of its legal and civil rights ramifications. In a statement, president Wylie Clarke said the society was “deeply concerned” about the proposed amendments in Bill No. 49 currently before the House, amidst fears it was likely to be passed into law with urgency.
“The society’s particular concern is that the Bill unnecessarily attacks citizens’ rights to privacy, including legal professional privilege,” he said.
“The amendment would give to the Supervisor of Elections (SoE) power to compel any person to provide to him all or any information or documents on virtually any pretext.
“Citizens must hand over information “notwithstanding the provisions of any other written law on confidentiality, privilege or secrecy.” Mr Clarke said the proposed changes were inconsistent with the international core values and principles to which Fiji has committed itself including long established legal principles on legal professional privilege.
He claimed the proposed changes would erode civil rights protections long protected by law and “unnecessarily extend the powers of the Supervisor beyond those necessary to fulfil his duties and powers under the Electoral Act.
“They encroach on and duplicate powers of investigation that are already vested in the FICAC (Fiji Independent Commission Against Corruption).
“If the Supervisor reasonably suspects that an offence has been committed under the Electoral Act, he can – as he has done many times already – report the matter to FICAC which will then exercise its powers of investigation.”
Mr Clarke said the attack on legal professional privilege was particularly serious.
“The reason the privilege exists is to enable people to take legal advice on any action they wish to take (or not to take) in the knowledge that in doing so they have protection.
“The privilege means that no one in authority can use their questions, or the advice they receive, as evidence against them of some improper or unlawful intent. If this privilege is taken away, people cannot take advice on their legal rights and cannot exercise them to the fullest extent and may end up breaching laws.
“Encouraging compliance with the law is the practice of democratic countries which support the rule of law. Mr Clarke said the society was also very concerned the Bill provided no protections or safeguards for the information the SoE obtained in terms of how it would be used or kept
. “The Supervisor is not required to maintain confidentiality or secrecy in relation to the information and it appears such information can be used for any purpose the Supervisor chooses.
“There is no right of appeal against a decision of the Supervisor other than to the Fiji Electoral Commission which is final and cannot be further appealed.”
