Proclamation allows access to cash, Opposition waits advice
By Charles Pitt,
Political Editor

Left to right: Telecom CEO Stu Davies, Police Comissioner Pira Wichman, Prime Minister Jim Marurai, HRD HOM Frances Topa, Office of the PM’s Chief of staff Tuaere Tangianau and Acting Secretary to the Head of State office Harry Ivaiti at Highland Paradise on Friday morning.

The long-anticipated Proclamation enabling Government’s money supply to continue beyond 20 November 2006 was signed and issued by the Queen’s Representative (QR), Sir Fredrick Goodwin, on Friday.
Afterwards the Cook Islands Party’s Opposition Office – which has questioned the move– said it would forward a copy to its lawyers for advice before making any comment.
The Proclamation authorises Government to access finance from the Government account to cover the period from 20 November to 12 days after Parliament meets.
Essentially, Government can now access one month’s supply with this amount not to exceed one-twelfth of the level appropriated by Parliament for the preceding year.
UNUSUAL
In their media releases on Friday, both Prime Minister Jim Marurai and Sir Fredrick refer to the unusual circumstances that have arisen as a result of the drawn out electoral petitions process.
The concern is that basic or core services such as police, health, and welfare would either cease to operate or become severely limited so as to impact on all levels of society.
Government had sought legal advice from a recognised expert in Constitutional law, Dr. Alex Frame, as to its options.
Frame’s opinion was that in the unusual circumstances outlined above, the “doctrine of necessity” justified action by the Queen’s Representative. This was to authorise bridging expenditure until Parliament can meet to consider fresh appropriation.
BASIS
The legal basis on which Dr. Frame has formed his opinion is not new to Constitutional lawyers.
The legal doctrine of “necessity”, upon which the opinion is for the most part based, is one that has in the past been recognised by senior courts throughout the Commonwealth. It has been accepted by the Courts where:
• There is an imperative necessity due to exceptional circumstances;
• Vital functions of the State would otherwise be imperiled, namely the provision of core public services such as immigration, health, Police, the Courts, and the public service generally;
• No other course of action is available to authorise bridging expenditure due to the fact (in our present circumstances) that Parliament cannot yet meet;
• The action proposed is necessary for continued good Government.
• It does no more than is necessary to save the situation.
• It does not impair the rights of citizens under the Constitution.
• The Proclamation expressly contemplates confirmation of the action by Parliament.
The Prime Minister said the Opposition had been irresponsible in trying to cause disruption and dissent, in an effort to cause panic internally and to damage our reputation internationally.
He said it had been suggested by the former Leader of the Opposition and others that for the Queen’s Representative to authorise continued expenditure until Parliament can meet would be illegal.
If we were to follow their advice, said the Prime Minister, we would have to stop paying public service salaries and wages, stop meeting other financial obligations, and close down Government Ministries. That would be an irresponsible thing to do, he said.
It would lead to a breakdown in essential Government services. He said his Government is more responsible than that.

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