Rules of Operation Delay the Release of Ashika Rep

Rules of Operation Delay the Release of Ashika Report

www.matangitonga.to/article/20100405_tonga_information.shtml

NUKU'ALOFA (Matangi Tonga/MIC/Pacific Media Watch): It is with respect that we seek to make clarifications regarding the press conference by the Minister for Information and Communications on 1 April 2010 and its dissemination to the public.

Improving the relationship between the Ministry of Information and Communications and the media

The press conference is the continuation of the Ministry's efforts to assist the media with their questions about Government information and their access to it, and to better facilitate their needs and access to Government functions and events. Since the establishment of this small Ministry last year, as the media is aware, it has tried its best to work more closely with them, and we are happy to report that our mutual co-operation continues to strengthen. This press conference was a part of this ongoing process.

Background to the press conference

In accordance with its Terms of Reference, the Royal Commission of Inquiry into the Ashika accident had to submit its report by 31st March, 2010, to His Majesty and to the Speaker of Parliament. On 31st March, 2010, the Commission presented its Report to His Majesty, but because the Speaker was then still overseas, his Report was received by the Chairman of the Committee of the Whole, for presentation to the Speaker on his return this weekend. As per procedure, the Report was then tabled in Privy Council on Thursday, 1 April, 2010, and the Speaker will table Parliament's copy to the House, which resumes on 6 April, 2010.

On Thursday, 1 April, 2010, following the formal tabling of the Report as noted above, most of the media then learned that they could not be given copies of the Report yet, until the few remaining due formalities are completed. In their frustration, many contacted the Ministry alleging that "Government was unfairly withholding the Report", "that the people's right to know was being denied", and that "Government was trying to hide something".

Meanwhile, some members of the media also complained that some overseas and local journalists already had copies of the Executive Summary and other sections of the Report, while the main body of the local media did not. Meanwhile, members of the public also inundated the Ministry with the same allegations, misunderstandings and frustrations.

All were demanding immediate explanations and clarifications from Government, and this is the duty of the Ministry for Information and Communications. This was the background to holding the press conference. Given below is a summary of the clarifications made at the conference.

Clarifications at the press conference

- It was clarified that the Commission's guidelines required it to report to His Majesty and to the Speaker of the House. Demanding that the Commission's rules of operation be breached seriously trespasses upon the Commission. Demanding that Government bypasses this requirement also trespasses upon the Commission.

- It was clarified that (i) above will be completed in the next few days, after which the Report is free for release to the public.

- It was clarified that, as verified by (i) and (ii) above, Government had always arranged for the earliest release of the Report to the public, as it is its duty to do , and as it is the public's right to be given.

- It was clarified that Government had amended the Shipping Act to enable the upgrading of the enquiry from the Magistrate's Court to the highest level, that is the Supreme Court, hence the appointment of the independent Royal Commission of Enquiry, headed by a judge of the Supreme Court of Tonga, and assisted by a naval architect from Australia, and a Master Mariner from New Zealand.

- The Report consists of two volumes. Volume 1 is the actual Report consisting of 628 pages, Volume 2 are the Appendices consisting of 198 pages. To properly and fully understand the Report, it is necessary to study all of it.

- It was clarified that the completion of the Report concludes Government's role about the investigation.

- It was clarified that there are already six law suits before the courts on the Ashika accident, and that Crown Law has cautioned the Ministry against any public discussions which may be liable to contempt of court.

- It was stressed that the Ministry understands and sympathises with the frustrations of the media and the public about not receiving the Report on 1st April, 2010, or at the press conference on 1st April, 2010, and appealed to everyone's understanding to please await the imminent completion of its submission to Parliament.

- It was also stressed that the Ministry similarly understands and sympathises with the complaint that members of the overseas media and a few others already had copies of at least parts of the Report, while the main body of the local media did not. The Ministry stressed its understanding and sympathies for these complaints, urged respect for proper compliance with the due formalities, and appealed for everyone's patience, again stressing that receipt of the full Report was imminent.

- The Ministry confirmed that the Commission will follow its established practice by posting the Report on their website.

With the greatest of deference to all, it is the duty of the Ministry of Information and Communications to respect the call from the media and the public for the urgent clarification of their concerns, complaints and misunderstandings, about the release of the Commission's Report.

For this reason, the Ministry is happy to report that the press conference did achieve its goal of providing timely answers and clarifications. Even those who still wanted their reports there and then did understand that the delay would be very brief, and that it was properly caused by the rules of operation, and not by any improper motives or actions.

Complaints of the Tongan media that some overseas media had received copies of at least the Executive Summary, while the Tongan media had not received any part of the Report

At the press conference, it was apparent that most had already known that at least the Executive Summary to the Report was already in circulation. That being the case, and given that the formality of submitting the Report to Parliament was almost completed, there was therefore no real compelling justification for pushing to breach the Commission's rules of operation.

Full transcript of the press conference is on the Ministry's website

For final assistance, please refer to the website of the Ministry of Information and Communications, where the full transcript of the press conference has been posted. www.mic.gov.to.

In conclusion, the Ministry continues to seek your ongoing kind assistance, and looks forward to continuing to serve the media and the public to the best of its ability. MIC, 05/04/10

ENDS

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