Clauses 45 and 46 of Health Bill 2021 give power to the PM
WHAT is the essence of a separation of powers if you have this section of the bill under Prime Minister’s Office (PMO) as the head of the Executive and you also give him the task of the Judiciary?
It is unacceptable anywhere in the world.
These are sentiments expressed by the Director of the Public Prosecutor (DPP) Rachel Olutimayin when she appeared before the Bills and Legislations Committee (BLC) last week.
She was referring Division 2 Administrative penalty procedure under Part 5 of the Public Health Emergency Bill 2021.
“Personally I think that this part should not rest with the Prime Minister, the powers have to be separated, it doesn’t look good like that,” she added.
She further told BLC about one of her recent experiences.
“I had an occasion where I received a letter from the Prime Minister’s Office informing me that this procedure has been used against two different people both commercial vessels.
“And I was given less than 12 hours to respond to the Prime Minister, I responded.
“And on that occasion the Prime Minister’s Office had made a mistake that applied to the wrong section because they are not the DPP, and they are not lawyers possibly who made that decision.
“So the decision was wrong and I had to write to them and say this decision is wrong, the section that you have applied to this person is wrong.
“I never had anything back, whether that was corrected or not, ‘mi no save kasim disfala time’ (I don’t know until today),” she said.
Olutimayin affirmed that she don’t support this administrative penalty procedure to be under the control of the Executive.
“Give it back to where it belongs.
“And I’m sure we can find an appropriate level for it, it is a good procedure and I recommend it provided it’s taken from the executive and place somewhere else,” she said.
The advantage she said, “is we do not have to run to court with every single thing, there are people who are honourable, who will admit they have did something wrong, they do not want to waste their time, they want to face the consequences of their crime with at list minimal inconvenience pay the price and go away. This is a good process.”
Chairman of the BLC Mathew Wale questioned DPP Olutimayin where could that be hosted she said she thinks they should give it to the DPP office.
More interestingly clauses 45 and 46 give power to the Prime Minister by order to determine offences.
Olutimayin in her professional opinion stated that this power should be given to somebody in the criminal justice system.
Wale stated that that determining offences is a serious onerous responsibility.
This paper understand that the inquiry into the Public Health Emergency Bill 2021 continue.
By ANDREW FANASIA
Newsroom Honiara
