The use of a circular by the Speaker of Parliament to canvas votes on whether to extend an MP’s sick leave has sparked calls for reform.
As Kaniva News reported yesterday there is speculation that Tongatapu 10 constituency may face a by-election if its current MP Pohiva Tu’i’onetoa, is unseated.
The former Prime Minister has been absent from the House on medical leave for nearly three months.
MPs are allowed to be absent from the Legislative Assembly for no more than three consecutive months if they have permission from the Speaker.
After the three months, they can apply for another three consecutive months, but that application must be approved by a majority of the MPs with the advice of the Speaker.
A Parliamentary circular was sent to MPs last week to canvass a majority vote to allow another three-month extension of Tu’i’onetoa’s leave on medical grounds.
If the House declines the extension, there may have to be a by-election to replace Hon. Tu’i’onetoa.
Tongatapu 8 will go to the polls on Thursday in another by-election to elect an MP to replace late MP and Cabinet Minister Semisi Fakahau.
Now there have been calls for the use of circulars to be reviewed and for the approval of MPs’ sick leave entitlements to be reconsidered.
Normal Practice
Newly elected Tongatapu 7 MP Piveni Piukala said he was concerned after he found out last week that there was no law to allow the Speaker to use a parliamentary circular.
Hon. Piukala said he questioned the Chief Clerk about the legality of the circular and was told there was no law to allow it. Rather, it had previously been used as a means of communication to a point where it was accepted as a normal practice for speakers to distribute such documents.
“There was no reasonable ground”, Hon Piukala said in Tongan.
He said he was concerned about why the Speaker had used the circular to seek MPs’ ballots while the House was still open, and the king has yet to formally close it.
The Tongatapu 7 MP’s comment was made during a live streamed election campaign address last week. Afterwards, critics called on the Speaker to refrain from using it as there was no law to justify it.
They called on the Speaker to review the circulatory system and said that when there were important issues such as the request to extend medical leave, the Speaker should summon a session. “This type of non-transparent communication system is unacceptable”, a PTOA critic said.
Last year the Legislative Assembly’s Deputy Clerk, Dr Sione Vikilani, said the use of circulars was a means of communication used by the House and any information sent through it was legal.
In Tongan he said: “Ko e tohi ‘avetakai ko e founga ngāue pe ‘oku ‘ataa ke ngaue’aki pea ‘oku ‘ikai ke ta’efakalao ha tu’utu’uni ‘i hono fakahoko ‘i he founga koia.”
Critics also said the parliamentary medical leave law should be reviewed. They said there should be a clause to allow medical leave based on the doctor’s advice. If the MP’s sickness was incurable, Parliament should refrain from funding the costs of the MPs medical expenses if they are sent to overseas hospitals.
Sickness debate
This is not the first time sickness benefits for MPs have triggered a debate.
In 2019 Parliament met the costs of former MP and Cabinet Minister Viliami Hingano, who was sent to New Zealand for treatment. After six months’ medical leave he died and his body was returned to Tonga. This caused a fierce public debate.
Democrat supporters insisted the cost of the air ambulance was too much to be spent on Lord Fusitu’a alone while the government budget relied heavily on overseas donors to buy medication for the country.
Royal supporters insisted Lord Fusitu’a was entitled to have his full costs paid because it had been done for government officials in the past, including the Prime Minister ‘Akilisi Pōhiva.
