Speaker of Parliament, Ratu Epeli Nailatikau has ruled out the three petitions presented by SODELPA Leader, Viliame Gavoka, SODELPA MPs Lynda Tabuya and Jese Saukuru for the Prime Minister to ask the Attorney General to withdraw the Bill to amend the iTaukei Land Trust Act.
He says Tabuya had also said in her petition that they petition the Parliament to stop the passing of this law which operates to erode the guardianship of the TLTB and reduces the powers of the landowners to have their rights, interests and wishes protected by the TLTB once the lease is issued.
Saukuru’s petition had requested for the Bill to be withdrawn.
The Speaker says the Bill was tabled on 16th July as part of the 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 the time for the debate be limited to ensure that the consequential Bills are debated and voted upon in the sitting of parliament beginning from this Monday.
Ratu Epeli says since Parliament agreed that all consequential Bills to the 2021/2022 National Budget must follow the process, he rules that Members of Parliament cannot use the submission of a petition under Standing Orders 37 to withdraw Bill No.17 of 2021 from Parliament and frustrate a process that has already been agreed to by Parliament.
He also says it is only the Member of Parliament who is in charge of the Bill that may withdraw the Bill before the third reading.
Ratu Epeli says the Parliamentary Standing Orders are clear and the only way to defeat a Bill is to vote against the Bill.
He says the petitions are out of order and will not be presented to Parliament.
According to the Bill, Section 12 of the iTaukei Land Trust Act states that it is unlawful for a lessee under the Act to alienate or deal with the land comprised in the lease, whether by sale, transfer or sublease or in any other manner without the consent of the iTaukei Land Trust Board.
The iTaukei Land Trust (Budget Amendment) Bill 2021 seeks to amend the Act to remove the requirement of obtaining the consent of the iTaukei Land Trust Board for any mortgage, charge, pledge or caveat on a lease under the Act or for any such lease to be dealt with by any court of law or under the process of any court of law.
If passed by Parliament this week, the amending legislation will come into force on 1st August 2021.
The Act comes under the responsibility of the Minister responsible for iTaukei Affairs.
