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[Re-Discussion]Commission of Inquiry Act, 2020
#1

Whole India's first address in the assembly as the legislator
 
Greetings everyone,
Its been 2 months since I was last in the assembly. I would humbly thank LegComm for giving me this opportunity to work as a legislator. Legislators who have been in assembly since I came here, they will know about the 'Commission of Inquiry Act, 2020', which I had presented in early may/late April. And now I feel we should re-start the discussion for the same. Now be debated a lot about the basic idea and hence I feel few changes in the bill are required and yes the new draft will be in accordance with Law Standards Act. When in early may our discussion happened I was a bit centered and I didn't had the broader look to the bill. The thing which I would like to tell is that this bill will be an yardstick to many in future. No offense, but we all legislators should prevent becoming Close-Minded. There are more creative minds in politics than me and I mean all of us. Instead of saying the complete bill useless we should see what we can achieve if we implement it and not what is the basic idea of it. I am creating a better draft than the last one, but it's imperative to discuss what the region can get. What can we achieve?  why are we trying to achieve it? So hereby please begin the discussion and within few days the new draft will be Presented here.

Previous Discussion
#2

Perhaps a good way to start the discussion would be to hear your own view on what a Commission of Inquiry Act would seek to accomplish and why you feel it's needed.
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
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#3

(07-17-2020, 05:54 PM)Kris Kringle Wrote: Perhaps a good way to start the discussion would be to hear your own view on what a Commission of Inquiry Act would seek to accomplish and why you feel it's needed.
The first thing I would say is we can achieve a lot from this bill, My first basic reason for what I want to achieve is 'History Commission'. We need this commission to write the entire TSP history as it would help to tell the new generation nations [like me] the history of our region. Many of the nations don't even know a pinch about TSP's Independence day. The next aim I have from this commission is in times of crisis. The TSP courts are made to give verdicts and justice and not to investigate. Hence a commission can be appointed by the government to investigate the matter of public interest. Importantly in a case like 'TSP has liberated region XYZ and now we want to find the natives.' And now if there are 2 to 3 cross claims as natives then the government can appoint a commission to serve the purpose and find the correct natives.  If we become more creative then there can be even better uses of the bill, commission. In a way it shall reduce burden on courts, Military and shall even help a lot in future.
#4

(07-18-2020, 01:50 AM)Whole India Wrote: My first basic reason for what I want to achieve is 'History Commission'. We need this commission to write the entire TSP history as it would help to tell the new generation nations [like me] the history of our region.

Why do you think a full blown commission is needed for that rather than, say, a working group or a RA project?

(07-18-2020, 01:50 AM)Whole India Wrote: The TSP courts are made to give verdicts and justice and not to investigate.

The High Court is designed to be inquisitorial, so it definitely does investigate when handling a case.

(07-18-2020, 01:50 AM)Whole India Wrote: Importantly in a case like 'TSP has liberated region XYZ and now we want to find the natives.' And now if there are 2 to 3 cross claims as natives then the government can appoint a commission to serve the purpose and find the correct natives.

Why do you think a full blown commission is needed for that rather than a simple research by whichever team led the liberation?



Overall my question is what benefits do we get from having a commission for these things as opposed to having each ministry handle things as is most convenient for them?
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
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#5

(07-18-2020, 09:16 AM)Kris Kringle Wrote:
(07-18-2020, 01:50 AM)Whole India Wrote: My first basic reason for what I want to achieve is 'History Commission'. We need this commission to write the entire TSP history as it would help to tell the new generation nations [like me] the history of our region.

Why do you think a full blown commission is needed for that rather than, say, a working group or a RA project?
(07-18-2020, 01:50 AM)Whole India Wrote: The TSP courts are made to give verdicts and justice and not to investigate.

The High Court is designed to be inquisitorial, so it definitely does investigate when handling a case.
(07-18-2020, 01:50 AM)Whole India Wrote: Importantly in a case like 'TSP has liberated region XYZ and now we want to find the natives.' And now if there are 2 to 3 cross claims as natives then the government can appoint a commission to serve the purpose and find the correct natives.

Why do you think a full blown commission is needed for that rather than a simple research by whichever team led the liberation?



Overall my question is what benefits do we get from having a commission for these things as opposed to having each ministry handle things as is most convenient for them? 
I am right now a fellow in RA. If a working groups member ceases then? we appoint a new one to replace right? So that's how the commission will also work. 
Also hardly people would take the project of writing History of region and that's what I assure, due to my experience at least. Also as I said there are many other political creative manners this bill shall be used. The government can even appoint a Commission to handle TSP's diplomacy in an inter-regional organisation, if happens in future. The new HA [Home Affairs] can appoint a commission to handle citizenship, if those changes happen in future. We all are completely uncertain of the TSP's future, even many opinions might be subjective, but still no one knows what happen in future. So there nothing useless from the bill, it is just a method/way to help government. Government if makes a new initiative in future then this bill can allow them to make a commission to handle the data of the initiative. So there is nothing bad or useless from the bill, it is a helper for government.
#6

I feel like you’re taking your commission idea and trying to see how it fits TSP, rather than identifying an area of improvement in TSP and trying to find how to address it.
Former Delegate of the South Pacific
Posts outside High Court venues should be taken as those of any other legislator.
I do not participate in the regional server, but I am happy to talk through instant messaging or on the forum.

Legal Resources:
THE MATT-DUCK Law Archive | Mavenu Diplomatic Archive | Rules of the High Court | Case Submission System | Online Rulings Consultation System
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#7

(07-18-2020, 01:45 PM)Kris Kringle Wrote: I feel like you’re taking your commission idea and trying to see how it fits TSP, rather than identifying an area of improvement in TSP and trying to find how to address it.

Sir, its not that way, Every act has a potential use in future and so does this has as mentioned above
#8

Respectufully, I must concur with the Chief Justice as this feels like a solution searching for a problem. If the Government needs some kind of ad-hoc commission, they will establish it without this kind of legislation and if the Assembly needs a new body to handle things like Citizenship, as mentioned by the author, we will write that legislation to form a body that is adaquetly suited to the task. This legislation attempts to impose a one-size-fits-all approach onto unique issues of policies that are already handled by the Government. As such, I stand opposed.
Above all else, I hope to be a decent person.
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#9

(07-18-2020, 08:53 PM)Omega Wrote: Respectufully, I must concur with the Chief Justice as this feels like a solution searching for a problem. If the Government needs some kind of ad-hoc commission, they will establish it without this kind of legislation and if the Assembly needs a new body to handle things like Citizenship, as mentioned by the author, we will write that legislation to form a body that is adaquetly suited to the task. This legislation attempts to impose a one-size-fits-all approach onto unique issues of policies that are already handled by the Government. As such, I stand opposed.
This act shall allow the govt to either make a proposal to appoint a commission or directly declare via Region-wide telegram.
#10

Like there is Law Standards Act to tell the format, or many would have said 'this doesn't makes people comfortable to write bills'. This is act is also telling that people in the commission will be civil-servants and any abuse to them is punishable, shall also define punishment. So it reduces the work of author and govt as govt can even declare it directly via Region-Wide telegram.




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