1 1 No. 02 of 2014 FIFTH NATIONAL ASSEMBLY PARLIAMENTARY DEBATES (HANSARD) THIRD SESSION MONDAY 07 JULY 2014
2 2 CONTENTS QUESTION (Oral) MOTION BILL (Public) ADJOURNMENT
3 3 Members Dr. the Hon. Navinchandra Ramgoolam, GCSK, FRCP Dr. the Hon. Ahmed Rashid Beebeejaun, GCSK, FRCP Hon. Anil Kumar Bachoo, GOSK Dr. the Hon. Arvin Boolell, GOSK Dr. the Hon. Abu Twalib Kasenally, GOSK, FRCS Hon. Mrs Sheilabai Bappoo, GOSK Dr. the Hon. Vasant Kumar Bunwaree Hon. Satya Veyash Faugoo, GOSK Hon. Devanand Virahsawmy, GOSK Dr. the Hon. Rajeshwar Jeetah Hon. Tassarajen Pillay Chedumbrum Hon. Louis Joseph Von-Mally, GOSK Hon. Satyaprakash Ritoo Hon. Louis Hervé Aimée Hon. Mookhesswur Choonee, GOSK Hon. Shakeel Ahmed Yousuf Abdul Razack Mohamed Hon. John Michaël Tzoun Sao Yeung Sik Yuen Hon. Lormus Bundhoo Members THE CABINET (Formed by Dr. the Hon. Navinchandra Ramgoolam) Prime Minister, Minister of Defence, Home Affairs and External Communications, Minister of Finance and Economic Development, Minister for Rodrigues Deputy Prime Minister, Minister of Energy and Public Utilities Vice-Prime Minister, Minister of Public Infrastructure, National Development Unit, Land Transport and Shipping Minister of Foreign Affairs, Regional Integration and International Trade Minister of Housing and Lands Minister of Social Security, National Solidarity and Reform Institutions Minister of Education and Human Resources Minister of Agro-Industry and Food Security, Attorney- General Minister of Environment and Sustainable Development Minister of Tertiary Education, Science, Research and Technology Minister of Information and Communication Technology Minister of Fisheries Minister of Youth and Sports Minister of Local Government and Outer Islands Minister of Arts and Culture Minister of Labour, Industrial Relations and Employment Minister of Tourism and Leisure Minister of Health and Quality of Life Hon. Sayyad Abd-Al-Cader Sayed-Hossen Minister of Industry, Commerce and Consumer Protection Hon. Surendra Dayal Minister of Social Integration and Economic Empowerment Hon. Jangbahadoorsing Iswurdeo Mola Minister of Business, Enterprise and Cooperatives Roopchand Seetaram Hon. Mrs Maria Francesca Mireille Martin Minister of Gender Equality, Child Development and Family Welfare Hon. Sutyadeo Moutia Minister of Civil Service and Administrative Reforms
4 4 PRINCIPAL OFFICERS AND OFFICIALS Mr Speaker Deputy Speaker Deputy Chairperson of Committees Clerk of the National Assembly Acting Deputy Clerk Clerk Assistant Hansard Editor Senior Library Officer Serjeant-at-Arms Peeroo, Hon. Abdool Razack M.A., SC, GOSK Peetumber, Hon. Maneswar Deerpalsing, Hon. Ms Kumaree Rajeshree Lotun, Mrs B. Safeena Ramchurn, Ms Urmeelah Devi Gopall, Mr Navin (Temporary Transfer to RRA) Jankee, Mrs Chitra Pallen, Mr Noël Munroop, Mr Kishore
5 5 MAURITIUS Fifth National Assembly THIRD SESSION Debate No. 02 of 2014 Sitting of 07 July 2014 The Assembly met in the Assembly House, Port Louis, At a.m. The National Anthem was played (Mr Speaker in the Chair)
6 6 ORAL ANSWER TO QUESTION DECLARATION OF ASSETS ACT - AMENDMENT The Leader of the Opposition (Mr P. Bérenger) (by Private Notice) asked the Prime Minister, Minister of Defence, Home Affairs and External Communications, Minister of Finance and Economic Development, Minister for Rodrigues whether, in regard to the Declaration of Assets Act, he will state if the (a) (b) proposed amendment to provide for Members of the National Assembly to make declarations of assets and liabilities through the Clerk and Mr Speaker and for same to be made public, as referred to in the House on 31 May 2011, has been prepared, and draft of a new Declaration of Assets Bill in replacement of the existing Act and the Report containing proposals aimed at reinforcing our anticorruption framework, submitted by the Parliamentary Committee for the monitoring of the Independent Commission against Corruption, will be circulated. The Prime Minister: Mr Speaker, Sir, the House will recall that in the Government Programme of , Government has stated that building strong institutions is a central challenge of development, and it is a key to eliminating corruption. In this context, Government also stated that it will introduce amendments to reinforce the existing legal framework, taking into consideration the observations of the Parliamentary Committee on ICAC. As I explained in the House before (PQ B/320 on 21 May 2013), the Government stands committed to introduce amendments to the relevant legislation, in order to reinforce our existing anti-corruption framework. I indicated that in this regard, the Parliamentary Committee on ICAC had already made proposals for further legislative reforms, pursuant to section 61 of the Prevention of Corruption Act. The Parliamentary Committee has, in fact, proposed numerous amendments to be brought to the Prevention of Corruption Act, which aim at further improving the operational effectiveness
7 7 of the ICAC. In the same breath, the Committee has also submitted a draft Declaration of Assets Bill to replace the existing one. The ICAC, on its part, has proposed certain additional amendments to be brought to the Prevention of Corruption Act based on the recommendations of the United Nations Convention against Corruption. Certain complex legal issues have been raised with regard to some of the provisions of these two Bills, and consultations are still ongoing between my Office and the Attorney General s Office, as I intend - as I mentioned I think a few times - Government intends to set up a Serious Fraud Agency. Once the Serious Fraud Agency is set up, the new Declaration of Assets Bill will be finalised, and it will be introduced into the National Assembly together with the Prevention of Corruption (Amendment) Bill, as they complement each other and both are meant to reinforce our legal arsenal in the fight against fraud and corruption. Mr Speaker, Sir, I would nevertheless like to point out that the declaration of assets raises certain complex questions, as I mentioned earlier. This is the reason why the World Bank has, in a document published in 2009, cautioned that, when it comes to devising an asset declaration regime, there is no one size fits all and that building and strengthening the administration of an asset declaration system may take considerable time. Many countries are struggling with whether and how to make asset declaration information accessible to the public; the central issue at stake being whether or not public access to this information violates the privacy of public officials, or poses a threat to their security. In other words - (i) Who should be obliged to declare their assets? (ii) What information should be declared? and (iii) Which information should be opened to the general public? Mr Speaker, Sir, I would also like to emphasize the fact that we have, in the meantime, continued our relentless fight against corruption. In fact, a number of measures have been
8 8 initiated to reinforce a culture of integrity and probity in public institutions. In line with our commitment in the Government Programme of , Government has been extending its full support to the ICAC in the implementation of the Public Sector Anti-Corruption Framework, which aims at accelerating the dissemination and integration of a corruption prevention culture across the public service. I should say 47 public bodies have already set up their anti-corruption committees. Several other measures are being implemented in order to promote integrity in public bodies. These measures include - (i) Designation of senior public officers to act as integrity officers, so that they can contribute to the establishment of an enduring integrity culture and help prevent corruption as at today, some 100 officers have been trained as integrity officers. (ii) Conduct of corruption prevention reviews in high-risk areas in order to examine systems and procedures in public bodies, with a view to eliminating corruption opportunities, is the second thing that they have done. As at date, the ICAC has conducted 74 such reviews in parastatal and public owned organisations covering such areas as recruitment, procurement, inspection, licensing, contract management and warehouse management. (iii) Establishment of a Public-Private Platform against Corruption as a consultative action forum against corruption, while fostering interaction between public and private sector for a corruption-free Mauritius. (iv) Development and implementation of best practice guides and codes of conduct to guide public officials towards desired conduct and best practices. Eleven such best practice guides on overtime management, managing conflict of interest, and contract management, among others, have been published. (v) I should also add, Mr Speaker, Sir, that the UK Serious Fraud Office has been approached for assistance in our fight against major economic crime, and they are doing so. Let me seize this opportunity, Mr Speaker, Sir, to outline the main thrusts of my Government s policy to intensify its fight against fraud and corruption to root out these scourges from our society.
9 9 It is my firm conviction that the institutional framework for the investigation of corruption and money-laundering offences and financial crime in general needs to be buttressed, taking into account the increasingly sophisticated means being used by criminals and the international ramifications of financial crime. I have already stated in the House that the Government proposes to introduce legislation to provide, as I just said, for the establishment of an agency that will be, inter alia, responsible for the investigation of serious and complex crime in Mauritius. We are envisaging an agency that will consist of distinct Divisions which will each be headed by a Director, and all the Directors will report to the Director-General who will be the Chief Executive Officer of the agency. The Independent Commission against Corruption will be one of the Divisions of the agency which will be supervised, in other words, by the DG and its Board. In addition to being responsible for the investigation and prosecution of serious and complex crime, the agency will also be the Enforcement Authority under the Asset Recovery Act and a competent authority under the Mutual Assistance in Criminal and Related Matters Act. The overhauling of the Law will also cater for measures such as illicit enrichment to address the issues of corruption and money laundering both in the public and private sectors. The implementation of the Public Sector Anti-Corruption Framework will be accelerated in order to foster a culture of corruption prevention across the public service and also to build trust and confidence in public institutions. Mr Speaker, Sir, declaration of assets should therefore be viewed as one of the mechanisms alongside the various corruption monitoring measures I have just highlighted. Together they aim at fostering a culture of integrity and ethical conduct in public life as well as in our society in general. Mr Bérenger: Mr Speaker, Sir, I take it from what I have just heard that a policy decision has already been taken to set up a Serious Fraud Agency or Office, as has just been mentioned by the hon. Prime Minister. Therefore, what I understand is that a comprehensive
10 10 Serious Fraud Agency and Anti-Corruption Bill will replace the present Prevention of Corruption Bill that will, therefore, have these different Divisions, including a Serious Fraud Agency. Can I know whether it is the intention to also cover the Declaration of Assets Act aspect in that comprehensive Bill? The Prime Minister: That is the intention, Mr Speaker, Sir. The hon. Leader of the Opposition, as I explained, has understood it; there will be different Divisions, but it will be under the umbrella of the Serious Fraud Agency or Office, whatever we will decide to call it. In fact, they have given me already the first proposals which we are going through with the State Law Office at the moment. Mr Bérenger: Mr Speaker, Sir, I heard the hon. Prime Minister refer to the UK Serious Fraud Office on several occasions. Do I take it, therefore, that we are going to pick the best practices, the best provisions in the UK Serious Fraud Office Act as well as the Hong Kong legislation and wherever in the Commonwealth, especially we can come with the state-of-the-art Serious Fraud Agency and Anti-Corruption Act; a comprehensive one? The Prime Minister: Exactly, Mr Speaker, Sir. When the Serious Fraud Office was set in the UK, they found out later on that there were some loopholes in the law which they have corrected. We want to make sure that we have one of the best laws possible here. We have also contacted, I should tell the hon. Leader of the Opposition, those who fight corruption in Hong Kong. In fact, we are in the process of approaching them to see whether we can get the best person to head the Serious Fraud Office as Director-General. Mr Bérenger: I read recently that the hon. Prime Minister had said that he believes, au commencement surtout, that the Serious Fraud Office or Agency to be set up should be chaired by a qualified - of course - foreigner. Is that still the intention? The Prime Minister: That is still the intention, Mr Speaker, Sir, because what we have found is there is a lack of cooperation, if I may use the word, between the different agencies. There are lot of delays, then it is too late to follow up, and all these things. That is why we ve thought - and I have discussed with people from the Serious Fraud Office and other lawyers as well that we need an umbrella organisation to make sure that these things are followed. So many times we see in the press somebody has been arrested, big headlines and everything and
11 11 then nothing comes out of it, because a lot of problems arise in-between. I do not want to go into the details. That is the reason we want to do it that way. Mr Bérenger: Mr Speaker, Sir, as we know, the Constitution has it that we cannot create criminal offences avec effet rétroactif. This is the Constitution; this is the law of the land. Can I take it from the hon. Prime Minister that the new legislation that will come to set up the Serious Fraud Agency and strengthen our anti-corruption arsenal will have the power to investigate past or recent offences under the present legislation, especially cases of conflict of interest and trafic d influence, that, indeed, that new Agency will have because these are offences already existing the power to look backwards over the recent years and enquire anew into any allegation of an offence having been committed? The Prime Minister: In fact, that is what we are proposing, because some offences are actually being investigated and we do not want to stop the investigation. They will follow up, even on the recent past. We have done the same with the Asset Recovery Act. At the beginning, we had to bring an amendment, because it was not retrospective, but we found what the criminals were saying were... well, this was before the Act was followed. In fact, we were told that it should have been retroactive, but we decided when it came to Cabinet - maybe not - it might give the wrong signal. But we decided afterwards that it was a mistake, and we corrected it. This would be the same with the Serious Fraud Agency. Mr Bérenger: Mr Speaker, Sir, one issue that was raised on the two occasions that we last discussed the issue of corruption in general was whether the new legislation will take care of assets being held through nominees or prête-noms. Is it still the intention, therefore, for this legislation to deal with this issue of wealth held by Members of Parliament or anybody else, but through prête-noms or nominees, when the issue arises? The Prime Minister: Yes. That is definitely the case, Mr Speaker, Sir, because this is one of the problems which we have. It is so easy today to just use somebody else s name and then acquire assets and all these. This will definitely be in the law when we bring it. Mr Bérenger: Another issue that has been raised is the issue of holding somebody holding assets disproportionate to known income. Elsewhere, it has been called signe extérieur de richesse shown by either Members of Parliament or anybody, including Civil Servants. Will that aspect be covered in the new legislation to come?
12 12 The Prime Minister: That will definitely be the case, Mr Speaker, Sir. We have nothing against people being rich, but they have to explain how they became rich. Mr Ganoo: Has the hon. Prime Minister given thought to the possibility of giving constitutional protection to the Directors of the Serious Fraud Office to-be, so that they have a security of tenure and they can operate without fear or favour? The Prime Minister: That would be a good idea. We did so for the Director-General of the Economic Crime Office, but we need to ensure that they have this protection. I believe that it should be the case. Mr Uteem: The hon. Prime Minister has mentioned that he may be coming forward with new legislation. May I know from the hon. Prime Minister whether he intends to redefine the definition of assets? At the moment assets is limited only to a certain type of assets - immoveable property, vehicles and shares and boats? Will the hon. Prime Minister consider extending the definition of assets to cover all material assets? The Prime Minister: I do not know the technical details of what the definition will include, but I suppose it will; certainly boats as well. Mr Jugnauth: Taking the cue from what hon. Uteem has said, is it the intention of the proposed amendments to also cover overseas immovable and movable assets? The Prime Minister: Certainly! It is not amendments; it is a new law that we are going to bring. It will cover everything, Mr Speaker, Sir. Mr Baloomoody: Can I ask the hon. Prime Minister whether the new law, as he just said, will extend to those who have to declare their assets, especially those Board members, Chairmen of parastatal bodies, to extend the net of those who have to declare their assets? The Prime Minister: I think it is essential if we want to fight corruption that we should cover all this, Mr Speaker, Sir.
13 13 Mr Roopun: On the same line, Mr Speaker, Sir, could the hon. Prime Minister state whether items of jewellery or wearing apparels and even watches over a certain threshold will be included? We know that certain items now may cost hundreds of thousands of rupees. I would like to know whether this is also envisaged. The Prime Minister: I suppose so, Mr Speaker, Sir, because there are watches and watches, jewellery and jewellery. So, I suppose so, if it is expensive. I suppose what they will do is that they will put a limit. Mr Bodha: Mr Speaker, Sir, in his answer in May 2011, the Prime Minister said that the ICAC will investigate in situations with regard to control of property, to an extent which is disproportionate to emoluments or other income. Now that the ICAC is in possession of the declaration of assets of Members of the National Assembly and other officers, has there been any scrutiny as to cases where we have, what we call, the unjust enrichment? The Prime Minister: My belief is that there has been, Mr Speaker, Sir. Mr Jugnauth: Will the hon. Prime Minister explain why when the Declaration of Assets Act was amended on 12 December 2011? For Members of the National Assembly, we have to deposit the declaration of assets to the Commission, whereas for, let us say, Members of the Rodrigues Regional Assembly, it has to be with the Clerk of the Rodrigues Regional Assembly, and for Municipal and District Councillors, it has to be with the Chief Executive. So, there is like a contradiction in terms of the rationale. May I know from the hon. Prime Minister why that is so? The Prime Minister: In fact, I have answered that question. But, in fact, Mr Speaker, Sir, I should point out that, unlike what many people believe, when the Prevention of Corruption Act was established in 2002, the Declaration of Assets Act was then amended to provide for the filing of the Declaration of Assets Act for hon. Members of Parliament with ICAC. This is when it was changed. So, I am not sure why it was changed; maybe there was a good reason, or maybe for the reasons I have said here. But that is when the change was done.
14 14 Mr Guimbeau: Mr Speaker, Sir, I do not know if I heard well the Prime Minister, but I would just like to be reassured. When drafting the new Declaration of Assets Bill for Members of the National Assembly, will the hon. Prime Minister propose that assets owned outside Mauritius be also included in the new Bill? Mr Speaker: It has been answered. Mr Guimbeau: Assets owned outside Mauritius. Will it be in the new Bill? Mr Speaker: This question has been answered by the hon. Prime Minister! The Prime Minister: I have said this, but just to reconfirm it, yes, that will be the case. Mr Bodha: As regards to transparency, Mr Speaker, Sir, may I ask the hon. Prime Minister who and when can we have access to the information in the declaration of assets? The Prime Minister: At the moment. Mr Bodha: Yes. The Prime Minister: At the moment. As I said, Mr Speaker, Sir, the law was amended in 2002 when they were in Government, and that is when it was sent to ICAC instead of the Clerk of the National Assembly. So, we will have to wait for the new Bill to come, and we will put all this together; whether we should put it back to the Clerk of the National Assembly. There are some reasons - I am just speculating - that may have been made by hon. Members to have it changed from the Clerk to the ICAC. I suppose for some of the reasons I was saying or the World Bank themselves are saying because it can be a source of people trying to make a lot of fuss about it. Maybe that is the case! But, in any case, the Serious Fraud Office will be able to look at things in detail. But whether this should be back to the Clerk of the National Assembly, I am open for this. Mr Li Kwong Wing: Mr Speaker, Sir, can the hon. Prime Minister inform the House whether, under the amendments and the new law that is being proposed, additional protection will be given to whistleblowers more than what is currently available under existing law?
15 15 The Prime Minister: This is a complex issue, Mr Speaker, Sir, because one of the problems we have is that if somebody does not like somebody, he just goes and sends an anonymous letter, and then the ICAC is bound to start investigating. Whether we should look at it; we need whistleblowers obviously. But to what extent? I would leave the technical people deal with this in due time. Mr Uteem: In fact, it is when the Local Government Act was passed in 2011 that an MP was no longer required to deposit the declaration with the Speaker. The hon. Prime Minister has just mentioned that this Serious Fraud Agency will scrutinise the assets. The question that we want to ask is whether aside from the Serious Fraud Agency, the assets of Members of Parliament would be subject to public scrutiny, would be made public so that any member of the population can go and inspect those declaration of assets? The Prime Minister: That is why I said that I will leave it to the technical people to decide. We will come to Parliament with it, I am not against it. But, this was changed in 2002, as I said. What was the reason, I am just speculating, I do not know. Maybe they were some of the reasons that I have given here. But, we will look at it very carefully. We will need to be able to scrutinise it; I totally agree with the hon. Member. Mr Bérenger: I have listened carefully, Mr Speaker, Sir, and the hon. Prime Minister has given details of what has been done to date by his Government and the Independent Commission against Corruption in terms of the fight against corruption. But, can I ask a general question: will the hon. Prime Minister agree with me that today what the people in general are expecting is, in spite of the good work that may have been done, un nouveau départ dans la lutte contre la corruption à l Ile Maurice? The Prime Minister: Yes, I tend to agree with this, Mr Speaker, Sir. There is this perception that not enough is being done. I myself just said when you see that somebody has been arrested, there is a lot of press coverage and then at the end of the day, you do not see much happening. That is what we want to change and I think that we need a nouveau départ as the hon. Leader of the Opposition has just said. Mr Speaker: There is a question from...
16 16 But then you will have the chance for another last question, hon. Leader of the Opposition! Yes, put the question! Mrs Hanoomanjee: Mr Speaker, Sir, the hon. Prime Minister just said that the Serious Fraud Office will be able to cover past cases as well. Can he say whether it is envisaged, under the new legislation to cover cases which have been dealt with already - whether it is trafic d influence or others - and whether the Serious Fraud Office will be able to cover cases where there have been Fact-Finding Committees and where the Fact-Finding Committees have already given their recommendations? The Prime Minister: I think it would be unfair to have une épée de Damoclès, as we say, on somebody who has already been under investigation, but if there are new and compelling evidence, I suppose that they should be able to look into it. Mr Speaker: Still a last question to the hon. Leader of the Opposition! Well, let us move on! MOTION SUSPENSION OF S.O. 10(2) The Prime Minister: Mr Speaker, Sir, I beg to move that all the business on today s Order Paper be exempted from the provisions of paragraph (2) of Standing Order 10. The Deputy Prime Minister rose and seconded. Question put and agreed to. (11.59 a.m.) PUBLIC BILL Second Reading
17 17 THE CONSTITUTION (DECLARATION OF COMMUNITY) (TEMPORARY PROVISIONS) BILL (NO. V OF 2014) Order read for resuming adjourned debate on the Second Reading of the Constitution (Declaration of Community) (Temporary Provisions) Bill (No. V of 2014). Question again proposed. Mr Speaker: Hon. Attorney General! No noise! No comment! Some silence, please! Yes, hon. Attorney General! The Minister of Agro-Industry and Food Security, Attorney General (Mr S. Faugoo): Mr Speaker, Sir... the Constitution (Declaration of Community) (Temporary Provisions) Bill is a landmark piece of legislation and constitutes a crucial milestone towards constitutional evolution and major electoral reform in the Republic of Mauritius. It is highly significant that, more than 46 years after Independence and 22 years after we became a Republic, and, if I may add, Mr Speaker, Sir, 32 years after the Constitution was amended to do away with communal classification in population censuses, this Bill is being introduced by none other than Dr. the hon. Prime Minister, who indeed needs to be commended for this singular achievement. This is simply, Mr Speaker, Sir, a temporary provision, which will apply only for the next general elections pending the introduction of legislation which will provide for the subsuming of the Best Loser System in a new method of allocating additional seats.
18 18 We are not yet at a stage of debating on the Bill that will provide for full-fledged electoral reform. It would be, therefore, not appropriate for us to launch into a discussion of the merits and demerits of the Best Loser System, a system that was carefully designed by experts with the help of politicians, with a view to accommodating our complex multi-ethnic and multifaith population in the heady pre-independence days; a system that, in the words of Professor Stanley de Smith, former Constitutional Commissioner, could consecrate communalism. Suffice it to say at this stage, Mr Speaker, Sir, that contrary to what hon. Duval stated on last Friday evening, the Best Loser System will not be abolished altogether, but will be subsumed in a new comprehensive electoral dispensation to ensure broad based sociodemographic parliamentary representation. If I may be allowed to quote what hon. Duval had to say, Mr Speaker, Sir, and I quote Mr Speaker, Sir, another problem with this Bill is the Explanatory Memorandum and I will be bringing a proposed amendment later. When you talk about subsuming, you need to be frank. What are we doing? We are not subsuming anything. We are abolishing one and replacing it by some type of proportional representation. That is what we are doing. I do not agree with the word subsuming, because to my mind we are not subsuming anything. You have taken one out, the Best Loser System. Otherwise, if you are subsuming, then you cannot speak again on the Best Loser System, (...). Mr Speaker, Sir, I know from the tenor of the speech of hon. Duval that he is not in agreement, he has some problem with the term subsuming, but that is exactly what Government is minded to do, Mr Speaker, Sir. Government is replacing with some other system whereby subsuming the existing Best Loser System with a party list system for a much fairer, more responsive and representative Government. It is also in irony, I note, Mr Speaker, Sir, that even if the hon. Member does not agree with the term subsuming in the proposed amendment that has been circulated, he has repeated the word subsuming. He could have chosen If he is not agreeable to the word subsuming, he could have chosen not to include it. On the contrary, that appeared in the Explanatory Memorandum. The hon. Member could have chosen
19 19 to remove it from there when he was moving for amendment of the Explanatory Memorandum, but this is not the case, as we can see from the amendment which has been circulated, Mr Speaker, Sir. Dr. the hon. Prime Minister made it clear as far back as his first mandate that he is committed to the reform of the electoral system to further consolidate democracy and ensure a more balanced parliamentary representation, and he has already comprehensively described the initiatives taken by this Government, culminating into the Consultation Paper that was issued in March of this year. I still recall Mr Speaker, Sir, that, during his first mandate, he has set a round table to discuss on the way forward on electoral reform. I still recall, if I am not mistaken, hon. Speaker and hon. Leader of the Opposition were on the team; there was also late Dr. James Burty David and I was myself, as a new MP in that committee. Ever since then, it took us so many years to come with this amendment today. It took us so many years to come up with the Consultation Paper, and we are coming to this august Assembly soon with a full-fledged and full-blown Electoral Reform Bill, Mr Speaker, Sir. Never before, Mr Speaker, Sir, have we come so close to major electoral reform: various options have been set out in the well-researched Consultation Paper, the views of one and all have been sought thereon, some of our citizens have sent views and proposals which have been examined by a special unit within the Prime Minister s Office, and I have myself been tasked with chairing a Committee responsible for the drafting of the relevant legislation, comprising hon. Ganoo, the Deputy Leader of the MMM, the Solicitor General who has a long-standing experience at the State Law Office and also as Solicitor General, his officers, the Parliamentary Counsel, as well as Sir Victor Glover, former Chief Justice, who has acted as Consultant for the past 15 years at the Attorney General s Office. Valuable technical input was provided by the Electoral Commissioner and his Adviser, Mr Dahoo, and also by Dr. Rama Sithanen, whose expertise in electoral matters is well acknowledged by one and all. I wish to stress that, following informed deliberations at our meetings, there was complete unanimity within the Committee both as regards form and contents of the Bill that is before the House today.
20 20 The Committee, Mr Speaker, Sir, first met on 15 May, and has since then held not less than seven formal meetings, with many technical meetings in-between, supplemented by indepth research and simulation exercises. We also have several meetings with the hon. Prime Minister to discuss policy issues and seek instructions thereof. Several drafts have been produced and exchanged, and the draft Bill on electoral reform is in the process of being finalised. In view of the complexity of carrying out electoral reform and the related protracted process, as evidenced in other countries, I need hardly emphasise that it is most unreasonable to expect us, in Mauritius, to reach consensus and finalise such a highly technical Bill within two weeks, let alone two days. The Committee has had the daunting task of examining the electoral reform process that has been undertaken in other countries while taking into consideration the particular context and specificities of each jurisdiction. These jurisdictions, which number around 20, include both countries that have shifted from a first-past-the-post system to a mixed first-past-the-post and Proportional Representation system and those that ensure parliamentary inclusion in a multi-faith and multi-ethnic society. In addition, the Committee has done its level best to minimise any unintended consequences of the reform. After the initial meetings, as drafting progressed, the Committee produced two draft Bills. The first one that would provide for electoral reform proper, including the new method of allocating additional seats, would only be introduced after the next general election for the reason highlighted by the hon. Prime Minister. Such a fundamental change to our electoral system requires an unambiguous endorsement and a clear mandate from the people of Mauritius. Mr Speaker, Sir, the second Bill which we drafted is the one before this House today. As the House is aware, we have the ruling of the Human Rights Committee of the United Nations that stated the State party is under an obligation to provide the authors with an effective remedy. We also has the case entered by Rezistans ek Alternativ before the Supreme Court, arguing that mandatory requirement of declaring one s community when standing as a candidate for a general election is in breach of the basic democratic right. In light of this, as a responsible Government, we are bringing this Bill which makes a special provision with respect to the possibility of a candidate, at the National Assembly Elections, not to declare his or her community.
Sent: 11 May 2011 10:53 Subject: Please find attached a revised amendment letter, extending the contract until 31 st December 2011. I look forward to receiving two signed copies of this letter. Sent: 10
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