Posted by: nativeiowan | October 24, 2009

much to do about nothing?

CHIEF Justice Sir Albert Palmer yesterday quashed the controversial 2009 Parliamentary Entitlement Regulations.

This means the $50,000 award to spouses of MPs and other massive entitlements provided under the regulations to members of parliament are null and void.

Sir Albert made the ruling after the Government took the Parliamentary Entitlements Commission (PEC) to court over the awards.

The chief justice said the commission acted beyond its powers when it approved the awards.

“In view of the blatant errors committed in the decision making process, the only proper thing to do in the circumstances is to order that they be quashed with immediate effect,” Sir Albert said.

But he said his decision does not stop the commission from reconvening at some later stage to reconsider any or all of the entitlements.

Prime Minister Dr Derek Sikua, who could have benefit significantly under the entitlements, yesterday welcomed the High Court ruling.

In a press conference, he said the Government’s decision to take the matter to court shows his government is not prepared to accept what is unlawful.

“I make this statement with all due respect to our constitutional and democratic institutions such as the Parliamentary Entitlement Commission,” he said.

Dr Sikua said although the Constitution gives the Prime Minister to appoint the chairman and two other members of PEC, that does not mean his government or him was involved in decision made by PEC.

“The government’s decision to seek declarations from the High Court demonstrates that we were never part of the decision making process by the PEC, nor the submissions for the 2009 Parliamentary Entitlement 
Regulations to the PEC.

“I call for the understanding of the public and to appreciate and support the decision made by the High Court and that the matter should now be put to rest.”

The Government was represented in the matter by Steven Woods of the Attorney General’s Chamber.

Billy Titiulu of Pacific Lawyers represented the Parliamentary Entitlements Commission.

Prime Minister Sikua has since appointed Waeta Ben Tabusasi to head the PEC.

He replaced former politician Danny Philip, under whose leadership the controversial awards were approved.


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