NATIONAL PARLIAMENT OF SOLOMON ISLANDS

 

PUBLIC ACCOUNTS COMMITTEE TRANSCRIPT

(Inquiry into the Immigration Division, Ministry of Foreign Affairs, Commerce and Tourism)

 

30 March 2007

 

(Uncorrected Version – subject to changes upon revision)

 

 

 

Opening Prayers were said by David Kusilifu

 

Chairman:  Once again members and officials, welcome back to the second day’s hearing.  This morning will look into the special report into the affairs of the Immigration Division of the Ministry of Foreign Affairs.  We are here this morning with Jerry, who is the Permanent Secretary of the Ministry of Foreign Affairs and he may have some officials with him this morning.   Apologies again from the Leader of the Opposition who is still ill.  The other member is on his way and he should be joining us shortly.

            What we have here before us is a report that was produced by the Audit Department.  This report was produced last year and the Department of Immigration would have ample time to look at the report.  There are fifty one (51) recommendations in this report and the issues that were raised in this report are quite serious.   To look at the report on page 4 onwards in front of all of you; the key findings in this report are on issues of passports where there has been a critical breakdown in passport management and loss of stolen documentation, poor record keeping and so on, and it looks into citizenship, also looks into permits, clearances, deportation, visas and the loss in government revenue.

             These are the issues that are raised in the special audit report which needs to be seriously looked into by the Department of Foreign Affairs, Immigration Division.  There is indeed a substantial loss of revenue to the tune of $4.9 million which is uncollected.  On passport there has been alleged fraudulent issue in passports issued.  There is an inadequate control over issues and other functions of the division.

            The illegal granting of citizenship which amount to about 65% of the cases and 90% of these cases are Asians, illegal immigrants working in Solomon Islands without permission.  These are; members and officials, serious issues that the division needs to seriously take stock of and look into.

            I will now give this opportunity to the Permanent Secretary and his officials to lead us in this deliberation.

 

Permanent Secretary:  Thank you Chairman, and members of your committee and secretary for the opportunity to look at the recommendations of this special audit report.  The Immigration Division as you know is now part of the Ministry of Foreign Affairs, External Trade and Immigration.  It is a new baby that my Ministry has just adopted, and in the course of the discussions, I will also ask my Director of Immigration share with us or to respond to some of the queries that the committee may have in this report.  But we have taken the recommendations of the report very seriously and some of the measures that we have looked at although at this stage we do not have a national plan to say but we do have our incorporate plan which drives to address some of the recommendations therein.

            We are also working on a number of specific measures in response to the various recommendations.  Of course as the report says, a lot of the recommendations hinge heavily on the part on the need for this system of the division to be fully computerized.  At the moment it is basically manual.  But there have been improvements especially as of last year the office has been renovated.  The structure within the office at least compared to what we had in the past, there is some improvement in terms of access for security for that matter.  But what needs to be done as yet is the need to computerize the division so that proper records can be kept as well as proper administration and management system.

            Chair, with those few remarks I thank you again for this opportunity, and if I may pass on this corporate plan

 

Chairman:  Thank you Permanent Secretary.  I just want maybe you or the Director of Immigration.  Have you actually looked at the special audit report, especially the recommendations?

 

Permanent Secretary:  Yes, I have read through the report and I’m also sure the Director has also looked through the report.  Because I think the Director did respond to these audit reports in terms of some strategic directions and priorities straight after this report he wrote to the Auditor giving certain priority directions and strategies on areas that the division can take.

 

Chairman:  And has there been a written submission to the Audit Department?  Is there any written submissions?

 

Deputy Auditor General: At this stage Mr Chairman, we had the five bullet …. on page of the report were responses from the Director of Immigration on 13th September, the only comments we received back from the Department.

 

Chairman:  So those five bullet points were the responses by the Department in response to this special audit report.  Now there are 51 recommendations here.

 

Deputy Auditor General:  Yes, Mr Chairman.  We did ask for a more …. response but at this stage not been able to see that actual plan that has b been requested.

 

Chairman:  What is the progress by the Department in looking at those recommendations apart from those five bullet points?

 

Permanent Secretary:   Thank you Chair, as I have said at the moment we do not have an actual plan as yet but there have been a number of steps that we have undertaken.  I will ask the Director to elaborate on those.

 

Director:  Chairman, after the audit was sort of conducted, audit officers are in contact with my division ………  The officers from the Auditor General’s Office with ………directions and priorities and those ……… directions and priorities should take care of most of the recommendations that are put in the audit report ……….  However, what has been done so far resulting from the findings in the recommendations on the audit report by way of submission to the budget section  …….. These are submissions for an I.T. system to be established connecting the headquarters to the Henderson International Airport and also to the other provinces.  But until that system as proposed should take care of security on records …………..dissemination and analyzing of information and data to assist information and authority to make sound decisions when complete and timing information are at hand.

            For passports I think that will be very, very useful because currently we have introduced a …..system as in the past and security of records ….. and access to information on ……….  My view is the submission for an I.T. network to be established within the immigration headquarters is of paramount.

            While we are on the passports, now we also make sure that legal administrative requirements are strictly complied with in issuing passports which applies to…..and also passports.   And furthermore the issue of devolution of powers to ….. sign endorsement of passports has to be done according to the laws, and those delegated functions are now ....thus the Director or the Deputy could only sign or endorse the passports.  That is for passports.

            On permits, there are   ………been processed but not yet fully implemented.  What it means here is administrative barriers in respect of delays or been unable to process visitors’ permits on time  and also to avoid more taxes ………we come across situations which were highlighted in the audit report.  We are now using ……….letters to act as check and balance mechanism to avoid …………… entry notes.  These are some of the processes done with permits. 

            When it comes to visa an amendment has been prepared in respect of the Immigration Act Cap 60 to accommodate the 1998 Visa Regulation which at moment has been drafted but not yet been implemented.  The reason is there are forcible legal complications which will arise should the 1998 Visa Regulation is enforced.  There were also some thoughts ……….to enable the smooth operation of the 1998 Visa Regulation.  And also for purpose of clearance fees there are some administrative arrangements in place so that ship agents are able to pay up fees because what was experienced in the past is ship agents pay fees in bulk and not on individual basis.

            On deportation, the effect of such importance of Cap.60 ………..very effective that is the result of consistencies from ministerial and divisional levels also these constraints which are normally in place, others manpower, equipment, logistic, budget and things like that.

            When it comes to revenue amendments are also in place also in respect of fee schedules on permit fees and passport fees.  It has reasonably increased from what we had in the past.  I understand that ……….in 2003.  Thank you Chairman.

 

Riumana:  Just a question and before I ask my question I wish to thank the Permanent Secretary and his official for the chance to come before the committee.  The question is monitoring of migrants into Solomon Islands.  It is one of the core tasks of your department and we have seen even just by going to the shops, we can see people who cannot speak pidgin.  This is a crest of the evidence of the change in ownership or maybe people coming in just so frequently.  I want to know if there is a mechanism put in place to monitor these immigrants.  Because from this corporate plan I see the monitoring here is the responsibility of the Director and the Deputy Director but these are the two persons who will be very busy, and there should be officers in the Ministry to help out in the monitoring.  Again I also want to know the mechanism put in place to effectively monitor immigrants.  And regarding the I.T, what kind of software is that going to be used?  Are we going to use just the Excel or Microsoft Word?  I want to know what kind of software we are going to use to effectively monitor these illegal migrants.

 

Chairman:  Maybe just before the Director responds to that, for the benefit of members if you look at page 6 of the audit report it talks about firms and it also raises the issues or the                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                   concerns that were raised in this report.  There are 51 recommendations in this report and since the department has not prepared a written submission and maybe just to assist the committee if we look at the key findings of the report and maybe ask the Permanent Secretary or the Director of Immigration to sort of maybe highlight the immediate actions the division has taken.

            Now getting back to your point on issue of permits, what the honourable member has raised is a serious concern here.  What is really the requirement under law in the Immigration Act for people to really come in Solomon Islands?  Because as I understand it you really have to have a good knowledge of English or speak English fluently to be able to understand the culture of this country, but these days anybody can just walk in and get a permit and reside in Solomon Islands.  Now what is the division doing about this?  And what the honourable member has raised is that there is a huge influx of this particular ethnic group.  I do not want to centralize this issue but it is evident that there is a huge influx of this particular ethnic group.

 

Permanent Secretary:  Thank you Chair, and thank you honourable for your very important questions.  Yes, that is one of the major functions of the Immigration Division to control the flow of people in and out of the country.  A number of the issues raised are technical and legal in nature so I will ask my Director to respond to those if you would allow him to.

 

Chairman:  Yes.

 

Director:  Chairman, in response to one of the issues raised in the Immigration Act of the relevant regulations, being able to speak pidgin is not a legal requirement.  Entries of persons into the country by way of …… of…..   Secondly in responding to the issue of functions of control on monitoring, responsible officer is the Director in terms of administration and management.  The operational part of monitoring are done by officers who are posted out in the provinces who man the different port entries in the eastern sector and western sector and also out here.  Those operational matters are dealt with by officers assigned to perform those functions at these following entry points.

            The system we have as alluded to earlier is manual unlike other systems in other countries which are computerized.  It is quite difficult in terms of effective and efficient monitoring of persons pouring in the country when there is need.  

            In terms of what software should be applicable ………the I.T network with computerized system, it should be something very simple just to collect …..information on a timely basis to assist in business and authority to make some decisions.

            For example if the computerized network connecting the headquarters to the airport is in place as expected or as proposed then there will be a system at the airport that when a person enters the country his name and other information are data into the system.  So if the person is only for a month in the country then as long as one or two weeks before time lapse there is an indication in the system that this person is about to overstay or this person has already overstayed.  So it is to let us know that we are looking at this person at this address so that he can leave the country.

            Now with the current system we have not only with monitoring but also security on the information we have, this is quite difficult.  We have been liaising with IT personnel in Finance on how or which type of software is applicable and convenient.  It is a difficult area where even myself …..computing is something ….  We put recommendations to them and they will look at what is fit for our needs.  Thank you Chairman.

 

Riumana:   Thank you Chairman, just to elaborate further on that point of monitoring and coordinating migrants into the country which is very important.  I am very happy that you have raised a very good answer.  By now I guess you should know the kind of software you should be using because we need to know whether those people who will to handle that software are trained and maintenance of that software, cost of that software and all these technical areas.  Otherwise there is no point using Excel, Microsoft Word to be used to monitor the migrants but with the software you are mentioning maybe it could help.  Do you have in mind the software you are going to use, and the cost and maintenance and so forth?  Thank you.

 

Director:  Mr Chairman, I think the I.T. project has been in a project format and the actual project proposal was looked at by the I.T. section, and there has been some general costing as to how much it should cost, and also training forms part of the package of the project.  I.T. officers will train us how to use the software.  Also the budget as I have seen in the proposed project is about $1.5 million.

 

Hon Koli:  Thank you Chairman and officials.  I would like to raise a point as to what Honourable Riumana has highlighted about people entering into the country who are given working permits.  Some of them go beyond their scope of going in line to what they should be doing in the country.  For me, I have clashed with one of the foreigners who entered into my constituency without my consent so in terms of monitoring and coordination if you have that software that deals with people who enter the country they must comply with the work permits.  The foreigner who has intruded into my constituency without my knowledge is a concern.  I must highlight this very point that people must not go beyond this scope when entering into the country without employment.

 

Director:  Mr Chairman, I will give you an example.  If any logging companies within your constituency……….the law does not say that permission has to be granted by the Minister before persons can work at the respective logging companies …………  Similarly when a person applies for a residence permit it can be acquired with work permit and he is at liberty to move anywhere in the country to perform work under the direction of his own.

 

Hon Koli:  I would like to raise further comments.  This guy went and conducted meetings in my constituency and some of the issues he mentioned challenged my leadership in my constituency, and this is a concern to me.  This is not in line with his working permit that is why it is a concern to me.

 

Director:  Mr Chairman, probably if the activities or the actions of that particular foreigner contravened any other laws probably he will be dealt with under other justices but not in business.

 

Chairman:  You earlier on mentioned that people are coming in under visitor’s permit.  Now in Australia and New Zealand it is understood that you are not allowed to get or maybe on a very temporal basis get unskilled jobs.  But the trend here in Solomon Islands is once you landed in Solomon Islands you are really free to do anything.  There are a lot of people that have taken up job opportunities to work at the shops.  A lot of them come under the forest sector as chainsaw operators whilst we have a lot of skilled operators.  Now what really is the criteria used by the department or division to re-engage these people because after a number of years besides just being a shopkeeper or a chainsaw operator, you suddenly see that person running his own business now.  So what is really the qualification in here or the criteria that needs to look at this division?

 

Permanent Secretary:  Thank you Chairman.  The point raised by the honourable is a very valid one, as well as the point you have reiterated.  I think part of the problem here hinges on ……..and that is the function of the Commissioner of Labour who ………………  And as you said that is a prerequisite to getting a residence permit.  So the Commissioner of Labour as I have said works on work permits.

 

Hon Severino:  Mr Chairman, I should thank the Immigration Department ………………report with a lot of recommendations put in place to be looked into and maybe adopted if possible and put some action plans into it.  But I failed to see that there has never been any ……………..about the physical security of officers of immigration.  What I mean is, is the office conducive of saving up for the working environment of the office because that is one contributing factor that maybe hinges the flow of work by officers and it seems to be a lot of  …….in such cases.  There seems to be discrepancies every now and then because there is no control.  One other question that I would like to ask here is that is there any control mechanism put in place and how often is there a stock take of what has happened?  To me, I think concerns about passport issues if there has been any mechanism of stock control over a period of time that can be identified whether it should be done manually or whether it be programmed into computers, it should put some light to such incidences.

 

Director:  The ……. hinges on the issue of ……….records.  With passports, consignments are received from manufacturers and they are kept at the safe room in the Central Bank and consignment information are  transmitted to us on the number of passports on the type of passports delivered.  So whenever officials from immigration went to the Central Bank to collect a number of passports normally information is cross checked so that we know what are the correct number of passports and the their types in the strong room, and the amount of passports taken for processing in our office and we produce annual reports on the type of passports we process.  This includes ordinary passports and also diplomatic passports.  We do have some records on passports that are manufactured transmitted to us and also the amount of passports processed by other officers and pending passports.

 

Hon Riumana:  Chairman, just a general question on the issue of passports.  Do you have an agent outside of the country apart from the embassies issuing passports?

 

Director:  Passport issue comes under the ……………act, which regulates the issuing of national passports.  I understand that some of the missions as far as the Ministry of Foreign Affairs for example the mission in Papua New Guinea, they work to renew passports so it is the function of the new that is delegated to the mission for their passports.  For purpose of new applications or new passports, applications should come to our office.  We do not have agents outside to issue passports but we do have agents that manufacture passports ………….  Thank you.

 

Permanent Secretary:  Chair, just an additional comment on the point that the honourable member of the committee raised in terms of the working environment in the Immigration Division.  I think there has been substantial improvement in the office following its renovation last year compared to what it was over the years.  And now for example each unit has a computer, two or three years ago there was none and the structure is such that it provides not only a conducive working environment but also in terms of security of access to documents in safe keeping.  A substantial improvement compared to what it was for the last few years.

 

Hon Riumana:  Just an issue of monitoring and coordination it is very important to have a network or a link with respective agencies like Labour Department, Civil Aviation, Investment Board and other authorities.  Do you have in place that network because you cannot do the monitoring yourself alone?

 

Director:  Chairman, while we are going to have the computerized system in place connecting those other enforcement agencies there is a organizing aid called the …….common law enforcement  agency groups which is comprised of customs, quarantine, immigrations, police, central bank, finance personnel.  And the aim and objective of the …… is to collect and share valuable information with other law enforcement agencies, and that has been operating for sometime.  The connection we have is through written documents for meetings ………..I.T connection.  I see that very useful and important because there is information which we do not know but those are agencies may assist to and we work on some achievements for launching operations in logging camps in Isabel and Western Province, and also we are planning other activities in the near future.  But what I am trying to put here is there is an organization...... enforcement group where we meet and discuss issues and should any of those agencies have access to information available to another agency then they will share it with us.  That is important because we do not have enough resources and so the issue of monitoring is contrast.

            While we are on that, when it comes to enforcement we also liaise with other agencies like the Interpol where we find certain information or documents where there are original copies with the issue of ……….or monitoring the organizations in place that will deal with this.

 

Chairman:  Members, like I have said earlier on, in the absence of a written submission on the recommendations I think we will just focus our attention on pages 4 and 9 and raise questions for the officials to clarify the issues there.  But I think we will soon need a written submission by the department on the 51 recommendations.  But for the purpose of this deliberations we will just look at page 4 to 9 of this report and then ask questions to the officials so that will guide us in our deliberation this morning.

            Now we are still on permits on page 6.  Do you want to ask anything on that page on issue of permits?

 

Hon Riumana:  On deportation. What qualifies a person to be deported?

 

Director:  A person can only be deported by virtue of the Immigration Act Cap 60.  This means that he has been residing illegally in the country and then therefore he has been declared an “undesirable immigrant” and therefore he is going to be deported.  And when deported he is to be ………..

 

Hon Riumana:  So even if a person changes his business interest like investor coming here to set up a fisheries cannery or so forth then eventually they set up a logging company, is this still okay?

 

Director:  Probably that will be dealt with properly by the Investment Division ……………in the country.

 

 Chairman:  The report did highlight delay deportation action by the enforcement unit.  What action is the division doing to rectify that weakness?  There are already a number of deportations but which the division has failed to enforce those orders.  What is the division doing?

 

Director:  Thank you Chairman.  That has been difficulties in the past.

 

Chairman:  In the past and now?

 

Director:  What we actually put in place rectifies some of the difficulties there.  One is, we are embarking on increasing manpower.  That is making new recruitments for officers to work in the enforcement compliance unit, and another issue we are looking at is the general budget.  If we are to deport someone we have to have money.  We must strictly not to deport someone alone out of the country but also if someone is deported he has to be escorted by two securities and just imagine the possibilities of take from here to some places like South Africa and the transit costs and the two officers to return after dropping off the undesirable immigrant.   And one of the things that we are also looking at is to further revise the laws to make the process much, much shorter and not forgetting the issue of …………

 

Chairman:  Now on the issue of insufficient funding on deportation what is the division doing to rectify. 

 

Permanent Secretary:  Thank you Chairman, before I come to that just to reiterate on a couple of points the Director said in terms of massive delays in terms of deportation.  For example as you said we are recruiting about five officers are waiting for PSC endorsement for their appointments, not only for the enforcement unit but also the other units within the division.  The other fact that is contributing to the delay in the past is infrastrcuture of equipment or vehicle.  We rely or we depend on the police vehicle for enforcement for example.  So request is now before the PS of Works for a double hilux to assist the enforcement unit in terms of enforcement and compliance.

             For funding, there is provision in the budget as you know there is always not enough money but we do have some provisions in the budget.  And as alluded to, when you deport somebody you are not sending that person alone, he is usually accompanied by securities, police officers which the government has to also pay for them in airfares and transit costs.  So these are some of the factors that surround the issue of deportation.  Thank you.

 

Chairman:  Any question from members on the issue of deportation? 

 

Hon Riumana:  On page 8 it is registered, proscribed or prescribed?   What has the Division done about this because it has not been updated?  Page 8, registered, proscribed or prescribed and restricted not updating?

 

Director:  Chairman, that was the position in 2005 when it was conducted.

 

Hon Riumana:  So now it has been updated?

 

Director: That is correct.

 

Chairman:  Do you still experience forced visa entry permit letters on visas?

 

Director:  Chairman, after the administrative was in place that is the induction of the rectification letter ……..experienced.

 

Hon Riumana:  Do you have a system in place to monitor the issue of visa?

 

Director:  Chairman, at the moment we have a simple single network in our office.  Whenever a visitor comes in we data the information in our computer and also information in respect of the period that he is permitted to be in the country and whenever he leaves we collect the cards and we also data information so we do have a simple system in place.

 

Hon Riumana:  Do you have any cases in the past where any person overstayed the visa?

 

Director:  We have experienced a number of cases where foreigners overstayed….

 

Hon Riumana:  So you need to improve the monitoring system.

 

Director:  That is why there has been submission and request for the upgrading of the system that would be efficient and effective so that it can be able to provide to immigration authority to complete timely information.

 

Hon Riumana:  So when you are talking about this I.T does it include this visa issue?

 

Director:  That is correct.  It applies to the visa, visitors permit records, it applies to residency permit records, and it applies to overstayers, that is ….. and also compliance …………

 

Hon Riumana:  Chairman, do you have enough resources and capacity to do the monitoring?

 

Director:  I think that issue is not only faced by immigration but other government offices as well.  We have issues with infrastructure, we have issues with logistics, we have issues with budget and we also have issues with manpower.  So those constraints contributed to the difficulties that the division faces.  But from what we have now we are trying to be functional, efficient and effective as much as possible.

 

Hon Riumana:  So what have you done to remedy such situation in the absence of inadequate logistic and capacity?  What have you done?

 

Permanent Secretary:    First of all we are going to recruit five immigration officers as part of the building capacity manpower.  As I have said we are just basically waiting for the PSC’s appointments and approvals.   They have gone through the interview process and the reports are now with the Public Service Division for PSC to deliberate on.

            In terms of logistics, as I have said also transport for example has been a constraint.  There is a request been submitted to the Works Department for a vehicle to assist us in terms of enforcement and compliance.  The Director may wish to compliment those?

 

Director:  Chairman, initiatives have been taken to address those issues and at the moment we have achieved some of them, others are yet to be accomplished but it is in our programme and we are working forward to achieving this.

 

Chairman:  You raised quite an important point there about the register, where you are going to use I.T. computerized system.  Do you have a proper back up for that system or somebody to analyze that system?  What is your fall back?

 

Director:  Chairman, in a system like that we have standby source, server, to contain information for security reasons.  We may have those stationed at Finance or Central Bank where all information is safe and if something goes wrong with our system we have the information available and securely kept.

 

Chairman:  In the report, Director, on this issue of non compliance, your Department in the period from 2000 to November 2004 lost or foregone $4.8 million because of simple non compliance.  What is the Department doing to rectify or have you already in the process?

 

Director:  Chairman, I think that is an incident some year back before the …………was conducted. These persons entered on visitors permit and started working expecting that their residence permits would be finalized but then requirements were not met and things like so resident permits were not possible that is why they stayed illegally in the country.  What has been in place now is if a person is on a visitors permit and he is in the country to undertake a job without returning they should pay some penalty fees, ….. fees.  It is something like $7000 to $12,000.

 

Chairman:  Is that entertained or are there provisions in law?

 

Director:  Chairman, that is the current …..in the country.  The position in the past is a person must be outside of the country before a residence permit can be considered.  Now the position is otherwise.  The person can be on a visitors permit in the country while his residence permit is considered but he has to pay …. fee.  The fee is equivalent to sending that person out of the country and come back again.  Instead of spending money on airfare and hotels elsewhere money is ………..

 

Chairman:  So what you are really saying here, Director is that people can come in here under visitors permit and while they are in Solomon Islands they can apply for work?

 

Director:  That is the ………..  I understand that in the previous government there is a policy on that so that is why the recommendations are structured.

 

Chairman:  Have you experienced loss or stolen passport documents as has been the case in the past?

 

Director:  No Mr Chairman.

 

Hon Koli:  In terms of obtaining passports.  If someone has to descend from Solomon Islands to be a citizen to another country and they obtain two passports, can you just explain to the committee in obtaining passports like that.

 

Director:  Chairman, although a foreigner has two passports that is not an issue ……our immigration is concerned.  We are only concern if a person applies for a citizenship in the country which is under another ministry.  He has to surrender his citizenship status because ………citizenship …………..  If one has to be a citizen in Solomon Islands he has to surrender his passport ….which means that before we can issue him the passport.

 

Hon Koli:  What about if the person is a citizen of Solomon Islands and he is also a citizen of Australia and he has two passports?

 

Director:  If that person is a citizen of Solomon Islands and then consequently he or she obtains citizenship in Australia, in normal cases the Citizen Commission will renounce Solomon Islands citizenship and then consequently he will surrender the Solomon Islands passport.  He will only remain with one passport that is Australian passport.

 

Permanent Secretary:  We do not have do all citizenship.

 

Chairman:  Are you thinking of reviewing the law?

 

Director:  Thank you Chairman, I think do all citizenship has some good things.  That is if a national is married to an Australian or to a national of another country the children can benefit from other privileges from another country.  Similarly they can take others in the country when one of the parents is from Solomon Islands.  There is a submission to the Citizenship Commission on possibility of allowing do all citizens.  But the issue of those citizenships are dealt with under the constitution therefore it is not very easy to amend like the other normal acts of Parliament.

 

Chairman:  On page 5 on the issue of citizenship if you look at the top bullet points, illegal granting of citizenship is a 65% of the application sample has acquired ten years of requirement under section 7 subsection 2 of the Citizenship Act.  What is really the requirement?  Ten years is the requirement.  But in here it has been alleged that 65% of the application sample does not really require ten year requirement under the act.

 

Permanent Secretary:  Sir, I agree with you, except that this is a matter that is in the purview of Home Affairs Citizenship Act and not Immigration.

 

Chairman:  We have to summon the Permanent Secretary of Home Affairs on some of these issues.  That is a good point there.

 

Hon Riumana:  Maybe Mr Chairman it is very important for the Ministry of Immigration and Ministry of Home Affairs to have a close collaboration and network as I have said in my previous statement.  Your division cannot monitor it alone.  You need other agencies and other authorities to effectively coordinate all this work.  Right now it is Immigration, Ministry of Foreign Affairs granting citizenship.  We need to have a close working partnership with the Ministry of Home Affairs and Immigration cannot work in isolation after all we are in the same government.

 

Chairman:  Members and officials, I believe that we should summon the Permanent Secretary of Home Affairs on any of the findings on this special report so that they can explain to the committee.

            Now on the issue on permits we have the Department of Labour for work permits and for citizenship it is the Home Affairs Department.  I think the Permanent Secretary needs to respond to some of those.  If this report is directed to the Department of Immigration Division then who will be providing those responses or have you covered them in these recommendations?

 

Auditor General:  Chair, why the Audit covered the Citizenship Act is primarily because …..on the issue of citizenship in Solomon Islands, and therefore it is a prerequisite that you have to be a citizen before you can be issued that passport.  The question here may be is considering an application for passport.  Has Immigration Department taken into account whether citizenship has been granted legally or illegally?  I think that is the question that is raised here.

 

Chairman:  That is important but since it falls out of the purview of Immigration then somebody has to make a respond to those recommendations.  Because if the Immigration Division does not make responses, in this case the Department of Home Affairs will have to make a respond on those weaknesses because this has been an issue that has been popping up in the streets, offices, on the floor of Parliament and I think somebody is going to be held accountable or explain to the public why that has been the case because the illegal granting of citizenship of about 65% of those applicants for example have not made a ten year requirement  so somebody has to explain.

 

Auditor General:  Chairman, I take note of the point raised.  I guess apart from the issue of citizenship which rightly comes under the purview of Home Affairs, the other issues on permits were covered because they come under the Department of Commerce.  So I guess if the Committee should wish that the Permanent Secretary responsible be called to answer for the issues raised here then I would suggest that is the most appropriate action but I guess the difficulty here would be I am not sure the Permanent Secretary is aware of these issues.

 

Chairman:  Well I am simply raising it here members and officials because you have raised that in the report as part of the key findings of this special audit report.  Because if you have not raised it in the beginning we would have haste it but rather it has appeared in the report and then if it is not part of the recommendations then I would not be really concern about it.  But now that it is part of the key findings of this special audit report then there has to be a corresponding respond to that part of the report but that is how I see it.

 

Deputy Auditor General:  I guess Mr Chairman, when we raised this and make a recommendation the responsible department or ministry would normally then explain the jurisdiction issue and it is up to us then to negotiate with these processes placed to liaise between the two departments because they are both involved in this particular point.  So in the absence of the ……..response this issue has not been fully heard to allow us to complete the result so the way forward is to get that responsible department for them to tell us their impediment to realise their ministry and the way forward is to talk to them this way around resulting …..  But the point is it still sits there in front of its own.

 

Chairman:  Any comments on that members?  Do you want the Department of Homes Affairs to make response to that through the Department of Immigration?

 

Permanent Secretary:  Thank you chair, I think the way forward is, since the report is on immigration of course there are some linkages here, as part of our efforts in terms of making the recommendations my office will liaise with the Permanent Secretary of Home Affairs telling that if he or if she could respond to the recommendations that come under citizenship, especially those that ….Home Affairs.  Those that appear under the purview of Immigration, Ministry of Home Affairs will deal with those. I will liaise with my colleagues first.

 

Chairman:  Any other comments on clearances and revenues?

 

Hon Niuiasi:  Mr Chairman, we have been collecting a lot of revenues from all these activities……..so do you have several places that collect revenues on the ……………?

 

Director:  Are you referring to the …..in the provinces?

 

Hon Niuiasi:   Yes, and not only that as well as you are responsible for some of these major revenue collection activities within the ministry of immigration, and maybe labour and commerce and so forth.  How well are they collecting revenues until today ….. so that maybe easy or to they have several places to collect revenues for example some of the fees that are paid at the airport.  Some people are paying for the passports at the Ministry of Commerce, I am not too sure but what are the measures so far to improve this revenue collection in the ministry?

 

Director of Immigration:  Mr Chairman, at the moment all fees are paid at the Treasury, Ministry of Finance and only the receipts are attached to applications and lodged at our office.  Upon receipt of these fee receipts then we will process.  There are agencies for example PNG where they collect some fees and then what they do is they pay by cheque to the Solomon Islands Government and those cheques are forwarded straight to the treasury in finance.  They also collect some fees from…………

 

Chairman:  Director, are you absolutely sure that there are no overstayers or illegal people that are living in the country? Because this would enable you to look at the system we have in the division because unless you have a good system you will not be able to track those people that are illegally staying.

 

Director:  Chairman, we were looking into two categories: overstayers under visitors permit and overstayers under residence permit.  In my assessment and information I obtained some 20% of those who come under visitors permit but then they live straight away so there is something more minimal under the residence permit.  We have dealt with some already ……………..

 

Chairman:  Now Permanent Secretary and Director, where would you think you will put the formal written response to the recommendations raised in the report?

 

Permanent Secretary:  Thank you Chair.  To be honest with you I was only told this morning that the communication was sent requiring action plan on the recommendations, and I only saw a letter to appear before this committee on such date.  But I take it seriously that we are going to work on this and we will respond to the sets of recommendations that you have there and that concludes liaising closely with my colleague from Home Affairs with regards to those recommendations that come unde the citizenship issue.  Certainly we will work towards fulfilling that requirement that have a lot of importance to the recommendations and findings of the audit report and we are committed to do our best to address those issues ……to strengthening the Immigration Division under our Department.  Thank you .

 

Chairman:  Any final comments from members or final last questions on the report?

 

Hon Niuiasi:  Just one question.  Sometimes we the politicians put submissions in the last minutes for passports and certain issues which need ample time then you are putting pressure to deal with those issues. How do you handle such issues in your office because that will also be a problem to have that need to be done have for all those things like the Microsoft problems?  We do not have time for those things.

 

Director:  Actually the time frame for passport processing is two weeks.  You can submit your passport now and in two weeks after you can have them.  There are cases where certain urgent submissions are transmitted through my office.  What I normally do is I look at the case because there are certain travelings or meetings overseas which are quite short notices so I will look in to it and try and see if it is genuine then put some instructions for those diplomatic passports to be renewed or issued based on the information I have as to the urgency on the notice of the matter.  But if I do not see the urgency I will allow it to go through the normal process.

 

Hon Koli:  Key findings on passports about lost and stolen documents.  How would you locate all these lost and stolen documents within the Immigration Division?  Is there any mechanism in place to …….these key findings?

 

Director:  I think that is the sole purpose why recommendations are in file for the purpose of security on records.  When I took office in 2004 as a result of those missing information in which one of my officers was suspended. He was a passport officer, and until now the matter is with the prosecution cases …..  I cannot see how practical I am going to get back the lost register again.  That might appear …………..  …….. that is why there has been recommendations in the audit report to provide avoidance for such happenings.  Thank you.

 

Hon Riumana:  In terms of capacity building and institutional strengthening do you think you need assistance in your office?

 

Director:  I think that is a very important comment.  Not necessarily with the staff but it is a priority in immigration for long term trainings.  I will send officers for ….. trainings in the universities and also they attend short term courses outside.  There are also essence where personnel is sent into the country to train officers as a whole on immigration matters, also how to deal with issues that may arise.  And in terms of assistance at the moment …need technical assistance from outside especially in terms of training and skills on know how on certain equipments.  It is a need for the division to upgrade itself because immigration matters are international issues and we have to be some where around other countries.  It is important that there are some opportunities around to assess the immigration capacity building ………….

 

Chairman:  Director, according to your corporate plan, one of your key activities is to review the immigration act, the passport act and the deportation act?  Now what do you mean by these reviews?  Does that mean that you are planning to make some amendments to the acts?

 

Director:  Thank you Chairman, that is correct.  Not necessarily to the act but also to take current regulations or subsequently ….in place.  That also includes reviewing or amending the schedules of the act in terms of fees just to cope with what is happening now.

 

Chairman:  And what is the progress so far?

 

Director:  The Immigration Act has been revised.  Strictly to accommodate the 1998 Regulations ....transmitted through the Attorney General’s Office for the drafting purposes in the drafting unit.  And with the passport there is also an amendment proposed strictly because at the moment the passports issued by Immigrations are renewable so it caters for those practices currently in place.  And also for the deportation there has been a recent amendment in 1998, 2003 but then in terms of the processors working on it they want something more practically.

 

Hon Riumana:  Thank you Chairman.  According to your corporate plan the I.T. system on the computerized network would be around January to September 2007, 2008 and 2009.  Now from now until 2007 what mechanism are you going to put in place to monitor these immediate needs?

 

Director:  As I have said that a project …..I.T projection submitted and also last year the PS and myself submitted a proposal for …. unfortunately it does not reflect in the current budget.  But there are initiatives ……..towards the …….. but probably it will be submitted later on again for another budget in the supplementary budget.

 

Chairman:  Have you actually started with the computerized network?

 

Director:  While we have computers in place now we do not have it connected to each other or even to the airport.  So when the system is in place that will form part of the process.  The project will take care of connecting the network, software and training and all these other associated aspects of the roles.

 

Chairman:  Any further comments from members?

 

Deputy Auditor General:  Mr Chairman before we get the action plan what is the progress?

 

Chairman:  Do you want to put a time length for that?  Will leave that to the Audit Department.

 

Auditor General:  Well I guess when we issued the report it should be the normal 28 days but perhaps because it involves two ministries now we will try and coordinate that.  In ……………. A normal 28 days like before would be still appropriate as of today.

 

Chairman:  If you look at the front cover of this report, the special audit report, it was produced on the 3rd of October 2006 or thereabout.

 

Auditor General:  That is when it was reproduced for Parliament but the report that was issued to the management was much earlier than that.

 

Chairman:  So your 28 days requirement would have lapsed some four to five months ago.

 

Deputy Auditor General:  That would be a year ago.

 

Chairman:  Okay, a year ago.  I think it is important from the view of the committee because of the issues raised and the key findings raised certain major weaknesses in the administrative procedures or maybe the system in the division, the committee would suggest that the department take onboard seriously the key findings raised on whatever the weaknesses are and make responses to the recommendations raised and then the audit department will keep monitoring the division on the progress of those recommendations and that will be submitted to Parliament.  Any final comments from the department? 

Permanent Secretary:  Just to thank the auditor’s office for the special report on immigration.  I think this has been long over due for a number of years ……………..ministry to address some of the difficulties or problems that we have experienced in that division.  I have taken onboard the need for us to make our submissions in response to the various recommendations that apply to the report.  We will do our best to comply within that 28 days notice.  Thank you, chair.

 

Chairman:  Well unless anybody has any final comments here, I would like to on behalf of the members thank the Office of the Auditor General for a job well done like what the Permanent Secretary has said.  We haven’t had these kinds of reports for a very long time, and as part of this Parliamentary Strengthening process and the whole issues with strengthening, good governance, transparency and accountability in our pubic system, it is through these special reports that we make that check and balance in our government operations.  As I have said, members and officials, we would be looking forward to your responses to the findings of this special audit report and will leave that to the Office of the Auditor General to liaise and monitor within your department on the progress of that reponse.

            As I have said, unless we have other …. matters  the committee will come back here at 1.30 pm for the continuation of yesterday’s meeting on the Civil Aviation Division.

 

Sitting suspended for lunch break