[ Source: Parliament of the Republic of Fiji / Facebook ]

Former Member of Parliament Niko Nawaikula has voiced concerns about the government’s proposed Transparency Commission Bill.

He argued that it fails to meet constitutional requirements.

Nawaikula stated that while the Bill empowers the commission to investigate breaches of conduct, it lacks provisions to remove officials found guilty of misconduct.

According to the Constitution, officials found in breach of the Code of Conduct must be removed, a power Nawaikula believes is missing from the current Bill.

He called for revisions to Section 79 to ensure the commission can take decisive action rather than just making recommendations.

Nawaikula also raised concerns regarding the Code of Conduct Bill, suggesting that separating the Code into different schedules for officials like the President, Prime Minister and Parliament members complicates the Bill’s effectiveness.

He recommended consolidating the schedules for better clarity.

Nawaikula also proposed adding a clause addressing the return of gifts of significant value to the community, excluding food, to avoid potential conflicts of interest.

Another issue with the Code of Conduct Bill is the lack of penalties for non-compliance in Section 8.

Nawaikula argued that without clear penalties for breaches, the bill could fail to hold officials accountable, calling for stronger language to enforce compliance.

Opposition MP Jone Usamate raised further concerns about the role of the Accountability Transparency Commission, specifically questioning whether it should have disciplinary powers over Parliament, which already has its own mechanisms for self-regulation.

Usamate compared the situation to the judiciary, which is overseen by the Judicial Services Commission, and asked how the new commission would fit within this framework.

In response, Nawaikula acknowledged the possibility of duplication but emphasized that the Transparency Commission would only have authority over public officers below the levels of Parliament and the judiciary.

He clarified that the commission’s role would not interfere with the core functions of these bodies.

Despite the concerns, Nawaikula reiterated that the creation of the Transparency Commission is a constitutional requirement that lawmakers must fulfill.

The debate centers on whether the Transparency Commission Bill unnecessarily overlaps with the functions of existing bodies like Parliament and the judiciary.

While some lawmakers question its need, others argue that the constitutional mandate leaves little room for discretion.

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