[Vera Politica]

A thread for GMs or the clerk to simply organize and post every bill passed. Just a thought.

[ingliz]

The people of PoFo, exercising their powers of creation and, in following the historic examples set out by those perched on the precipice of history, and the heroism and sacrifice of our ancestors, and the forerunners and founders of a free and sovereign nation; to the supreme end of reshaping the Republic to establish a democratic, participatory, and self-reliant, multiethnic and multicultural society in a just, federal and decentralized State that embodies the values of freedom, independence, peace, solidarity, the common good, the nation's territorial integrity, community and the rule of law for this and future generations; guarantees the right to life, work, learning, education, social justice and equality, without discrimination or subordination of any kind; promotes peaceful cooperation among nations and furthers and strengthens the integration of PoFo with the world at large in accordance with the principle of nonintervention and national self-determination of the people, the universal and indivisible guarantee of human rights, the democratization of imitational society, nuclear disarmament, ecological balance and environmental resources as the common and inalienable heritage of humanity; exercising their innate power through their representatives comprising the National Parliament, by their freely cast vote and in a democratic Referendum, hereby ordain the following:

Omnibus Human Relief and Welfare Act.

We believe that every citizen is entitled to the fullest opportunity his life can bring him or her. We feel that as a result of this no citizen should fail to prosper as a result of the knowledge gained for all people, to be utilized to better all people. Therefore essential services like healthcare, education and (e.g.) employment should not be withheld by a state with ample revenue to ensure these services. These services are so vitally important for the people's self-realization that their provision cannot simply be left to chance. As such, the state, in democratic partnership with local communities and various organisations must erect a framework for the universal provision of these social goods. This means that all citizens are entitled to the most advanced healthcare the nation can provide its citizens, the highest level of education that an individual can attain, and employment through either public or private organizations. These essential services are rendered at national cost through the processes we have outlined below.

Article 1: Principle of National Healthcare Act

1. Principle
i. Bill to promote the health and well-being of the individual by the creation of a uniform standard health care plan, paid and administered through taxation of a single payer nature.

A. Funding
In accordance with the principles in S.1 it is the duty of government to promote the principles in S.1 the government will:
1) Ensure that all citizens receive healthcare as a result of this provision.
2) Encourage development of advanced medical practices by subsidizing research and development of those sciences like biology, human genome, and any other field directly related to medical research.
3) Citizens retain the option to receive healthcare on their own terms through private sources or other foreign sources, but other than the "allowance" (see 5) remain subject to the same taxation as any other citizen not seeking private care.
4) Ensure that those injured or disabled by disease or injury retain the rights to their employment and retain a pension during this time of disability equaling three quarters of their normal rate of pay.
5) A tax deductible allowance capped at 5% of salary will be allowed for citizens taking out private healthcare insurance. NB. State National Insurance contributions, the "stamp", will still have to be paid in full

B. Notes
The Bill will be hereby referred to simply as the Healthcare Act.
The Federal Health and Human Welfare Committee abbr. FHHW and will administered by the Minister of Health.

Article 2: The Education Act: Freedom, Equality and Prosperity

1. Principles
A Bill To promote (1) the development of the individual's potential, (2) the creation of an informed citizenry indispensable for the optimal functioning of a democracy and (3) the production of capital necessary for economic prosperity

2. Funding
In accordance with the principles in S.1 and the duty of government to promote the principles in S.1 the government will:
a) set up a Federal Education Committee (hereby FEC) to administer the general provisions of S.2
b)
i. ensure the free education of all citizens, from kindergarten to first-level tertiary education. Postgraduate studies and professional studies will be funded at the university's discretion and by the university. The number of students enrolled in any given tertiary program will still remain to the discretion of the universities in accordance with their facilities and capacities. The consequence is to make admissions more competitive but open to all. Discrimination, however, based on irrelevant criteria for admission will not be tolerated and contravenes the principles in S.1.
ii. Government funding of tuition fees to be restricted to scientific and technical disciplines to be decided by the government.
c) encourage development in the theoretical sciences by:
i. actively funding research in related fields
ii. Assisting PhDs in finding employment in related fields
d) protect against the flight of intellectual capital
e) administer a broad Loans and Bursaries Program to help offset living expenses among postgraduate students
f) provide physical investment in secondary education

Sections 2; c,d,e and f are subject to future public spending decisions

3. Federal Education Committee
In accordance with 2.a., the FEC will be chaired by the Minister of 'Education' and assisted by the Minister of 'Science and Technology', and 'Culture and the Arts' whose responsibilities include:
a) the general oversight of spending
b) accountability of government for the decisions of the FEC

4. Secondary Schools and Infrastructure
In accordance with the objectives set by 2.e., the FEC will be tasked with administering a 15-year term investment in the physical infrastructure of secondary schools. The government will provide (but not limit itself to) $2bn annually to the FEC to go toward:
a) modernizing educational facilities
b) revitalization projects, targeting deteriorated and/or deteriorating educational facilities
c) funding and promoting extracurricular programs

All of Section 4 is subject to future public spending decisions

5. Notes
The Bill will be hereby referred to simply as The Education Act
The Federal Education Committee abbr. FEC, will be overseen by the Ministry of Education.

Article 3: Union Recognition and Certification Act, 2009

The Ministry of Labour and Industry promotes a stable and constructive labour relations climate and fosters productive workplace relationships.

Human rights provisions, fair employment practices, equal pay and anti-discrimination laws are all embodied in this labour legislation.

Discrimination by race, religion, color, creed, sex, age or other factors is prohibited. All jurisdictions are to require employers to pay men and women equally for the same work.

Section 1 - Right to Belong to a Union
"an individual unorganized worker is commonly helpless to exercise actual liberty,"
(a) employees are permitted to join unions for the purpose of bargaining collectively with their employers on issues concerning wage rates, fringe benefits and other working conditions.
(b) Labour codes in all jurisdictions guarantee the right to representation by a trade union following a certification process outlined in legislation.

Section 2 - Union Certification
(a) The Union submits an Application for Certification to the PoFo Labour Board. If, as at the date of application, 40% or more of employees support the Union, the Board shall order a vote. If 65% or more sign a union card the Board will automatically certify the bargaining unit.
If a vote is ordered and If more than 50% of the votes are in favor of having a union, The Board will certify the Union.
(b) Employers' Rights - It is an unfair labour practice for Employers to attempt to interfere with the formation or selection of a Union. However, Employers or managers are permitted to communicate statements of fact or opinions reasonably held with respect to the Employers business. On the day of the vote, neither the Union nor the Employer may, at the workplace or polling place distribute printed material or engage in electioneering for the purposes of influencing the vote.
(c) Once certified a Union becomes the exclusive bargaining agent for all of the employees in the bargaining unit whether they are members of the Union or not. The Employer cannot settle wages and working conditions directly with the employees. The employer is required to negotiate only with the Union which has been certified and no other one. After certification a Union can, by notice, compel an Employer to meet and bargain a collective agreement.
(d) De-recogition
Mirror image of recognition
(f) In the interests of stability an agreement lasts a minimum of 12 months unless the union can be shown to have used unfair labour practices
(g) Unfair labour practices:
Coerce people to become union members;
Use threats, intimidation, or violence;
Force an employer to punish a worker because he/she doesn't get along with the union;
Charge excessive union dues;
Refuse to bargain in good faith with the employer.
(h) Firms who employ fewer than 21 employees (taking into account employees in associated companies) are excluded from the legislation
(k) Employees have a right not to join the union.

Changes in the Rate of Petroleum Revenue Tax, 2009

Petroleum Revenue Tax

Petroleum Revenue Tax (PRT) is administered by Pofo Revenue & Customs Large Business Service- Oil & Gas Sector (LBSOG) “formerly Oil Taxation Office or 'the OTO'. This is a tax which seeks to tax a high proportion of the economic rent (super-profits) from the exploitation of the PoFo's oil and gas. PRT is a field-based tax: in general, the costs of developing and running a field can only be set against the profits generated by that field. Any losses, eg arising from unused expenditure relief, can be carried forwards or backwards within the field indefinitely. There is also a range of reliefs, including:

oil allowance - a PRT-free slice of production
supplement - a proxy for interest and other financing costs
Tariff Receipts Allowance (TRA) - participators owning assets, for example pipelines, relating to one field will sometimes allow participators from other fields to share the use of the asset in return for the payment of tariffs, and TRA relieves some of the tariffs received from PRT
exemption from PRT for gas sold to PoFo Gas under a pre July 1975 contract
cross-field relief for research expenditure

PRT is currently charged at 50 per cent on profits after these allowances. For a limited period safeguard relief then applies to ensure that PRT does not reduce the annual return in the early years of production of a field to below 15 per cent of the historic capital expenditure on the field.

As part of a package of PRT reforms the rate of PRT is increased from 50 per cent to 80 per cent and PRT relief for Exploration and Appraisal (E&A) expenditure is abolished

Changes in Rates and allowances - National Insurance contributions, 2009

National Insurance - rates and allowances; $ per week 2009-10
Lower earnings limit, primary Class 1
$95
Upper earnings limit, primary Class 1
$844
Upper accruals point
$770
Primary threshold
$110
Secondary threshold
$110
Employees primary Class 1 rate between primary threshold and upper earnings limit
11%
Employees primary Class 1 rate above upper earnings limit
1%
Employees contracted-out rebate
1.6%
Married women's reduced rate between primary threshold and upper earnings limit
4.85%
Married women's rate above upper earnings limit
1%
Employers secondary Class 1 rate above secondary threshold
12.8%
Employers contracted-out rebate, salary-related schemes
3.7%
Employers contracted-out rebate, money-purchase schemes
1.4%
Class 2 rate
$2.40
Class 2 small earnings exception
$5,075 per year
Special Class 2 rate for share fishermen
$3.05
Special Class 2 rate for volunteer development workers
$4.75
Class 3 rate
$12.05
Class 4 lower profits limit
$5, 715 per year
Class 4 upper profits limit
$43, 875 per year
Class 4 rate between lower profits limit and upper profits limit
8%
Class 4 rate above upper profits limit
1%


Passed May 22, 2009

[ingliz]

Mission:

Social cohesion, measured with employment and unemployment rates

Economic cohesion, measured with the GNP per capita index

Objectives:

Increase in employment

Reduction of unemployment

Improvement of the quality of human capital

1.1 Self Employment

Support for people intending to set up a small business, a cooperative, or a social cooperative

i. Individual and group consultancy and training courses

ii. Development grants

iii. Bridge support for between 6-12 months including assistance combining consultancy with effective subsidy absorption

iv. Promotional and information campaigns

1.2 Setting up and developing micro-enterprises in rural areas under the "Rural Development Programme 2009-2015"

Objectives:

Employment growth in rural areas...

A Bill, but it's very long and I am sure you don't want to wade through 94 pages of 'legalese" so, in order to save both your time and mine, I will post a suitably impenetrable abstract, the main proposals in plain English, and a short note on US money and EU technical assistance.

Employment Act 2009 (Abstract)

An Act regarding the promotion of employment and labour market institutions. The new legislation deals with the state's duties with respect to fostering employment, assuaging the impact of unemployment and 'activating' unemployed people. An important role in the achieving these objectives is envisaged for the social partners.

The new Act supplants a 1994 Act regarding employment and counteracting unemployment and a 2001 Act on facilitating the employment of school leavers. Furthermore, the provisions of the previous Act governing disbursement of pre-retirement benefits will be replaced by a separate statute dealing with these matters

The legislative Act regarding promotion of employment and labour market institutions is one of the cornerstones of a legislative package (known as the 'Honi plan') prepared by HoniSoit, now the Prime Minister who was charged with economic and labour affairs in the now-disbanded "Potemkin" cabinet. A draft was ready, but controversy surrounding the Honi plan as a whole meant that its implementation was delayed until now. The new Act is a prerequisite for the smooth incorporation of PoFo's disparate employment legislation into a seamless network of employment services.

The Act comes into force in stages.

Overview of new regulations

The Act regarding promotion of employment and labour market institutions provides that the state's labour market policies are based on a 'domestic plan of pro-employment activities' drawn up by the cabinet with due heed to the need for an employment strategy.

The new Act introduces several concepts previously unknown in PoFo law. The first of these is the definition of a catalogue of employment service entities, public as well as private:

the public employment services - ie the employment offices at county and regional level;
the 'volunteer labour corps'- an entity financed out of the state budget that works towards the objective of enabling young people to continue their education and to gain vocational skills;
employment agencies - a category which includes labour placement agencies, personnel consultancies and temporary staffing agencies;
training institutions - commercial entities that train unemployed people;
social dialogue institutions; and
local partnership institutions (see below).

The Act defines the basic types of labour market services, namely:

labour market intermediation/placement;
career counselling and information;
assistance with active job-seeking; and
organisation of training.

As compared with the old regulations governing labour market-related matters, the new Act places more emphasis on 'activation' than on welfare. It enshrines a dramatic overhaul of the employment services operating model. These institutions have previously acted as a dispenser of unemployment benefits, but now their task is to aid the jobless in actively looking for work. A series of measures incorporated in the Act is addressed specifically to those groups within the population who are most threatened by unemployment: the youngest (aged below 25) and the oldest (over 50) participants in the labour market; long-term unemployed people (those without work for two years or more); unskilled people; lone parents of children aged up to seven; and people with disabilities. For example, for people aged 50 or more, time spent receiving unemployment benefit will be credited towards the combined length of employment necessary to qualify for a retirement benefit. However, the Act concentrates more on activation measures. The public authorities may: subsidise - for a period of up to 12 months - commuting and accommodation costs insofar as they relate to taking up paid employment or an internship/apprenticeship; subsidise the purchase of equipment needed for work/business activity; and reimburse to employers that recruit unemployed people the social insurance contributions paid in relation to these workers.

The new Act provides a legal basis for the establishment by employers of self-financed training funds, expenditure from which can qualify for partial reimbursement from the public authorities. Also, where an employee is sent on training leave (another new concept introduced by the Act) of at least 22 days duration, an unemployed person assigned by the labour office can be recruited temporarily to fill the absent worker's job (on the basis of a 'contract for substitution'), and the cost of training and remunerating this unemployed person may be partly reimbursed from the Labour Fund .

The Act also provides for 'monitored redundancy programmes', which are mandatory for employers employing at least 100 people and contemplating collective redundancies. Under such a programme, the employer collaborates with the labour office to provide the redundant employees with support in the area of training, career counselling and employment intermediation, and to assist them with active job-hunting.

The Act includes many provisions devised to motivate unemployed people to look for jobs actively. One of these instruments is the possibility for an unemployed person who takes up a part-time job paying less than the minimum monthly wage to continue drawing a portion of his or her unemployment benefit. As regards unemployment benefits themselves , the maximum period over which they can be paid out has been extended; while, nominally, such benefits will still be collected over a basic period of 6 months, this limit applies only to areas where the unemployment rate is not more than 125% of the national average. In practical terms, this means that some unemployed people would be entitled to claim benefit for up to 3 months more than the period allowed under the old rules . This will translate into a lengthening of the unemployment benefit eligibility period in almost 150 counties.

An important change made by the new law is the elaboration of rules governing the registration of employment agencies, and also the institution of a duty whereby people engaging in professional labour market intermediation and advice must obtain a licence issued by the minister charged with labour affairs.

Social partners' role in employment promotion

The role and the duties of the social partners in their capacity as a legislatively designated 'institution' of the labour market, and also the relevance of social dialogue for employment promotion, regarding promotion of employment and labour market institutions.

The underlying premise of the Act is that labour market policies are pursued by the government in cooperation with the social partners; the platforms for such cooperation are to be presented in the National Employment Council and in the regional employment councils, which have the status of review and advisory bodies. The trade unions and the employers' associations join the public employment services in the provision of services. Cooperation between the public authorities and the social partners with respect to fostering employment can also assume the form of initiatives at the county and regional levels. Local authorities may also commission the social partners (as they may all other labour market institutions other than the labour offices) to perform tasks relating to employment promotion and to vocational activation of unemployed people. Duly empowered entities may also approach the authorities with initiatives of their own. Work may be commissioned by way of an open bidding procedure; in their execution of the projects, selected entities may receive public funding in the form of earmarked grants.

Main points in plain English

We will open "one stop" integrated government 'advice, training, and employment' agencies.

We will offer guaranteed vocational training to the young unemployed.

We will offer guaranteed retraining to the long term unemployed.

We will offer support for people intending to set up a small business, a cooperative, or a social cooperative

We will develop micro-enterprises in rural areas

We will offer government employment to the disabled and offer to partially subsidise, waive payroll taxes etc, private employers who do the same.

We will partially subsidise childcare facilities in factories.

The unemployed over 50 will be credited the "stamp"

We will partially subsidise apprenticeships

We will make up the wages of the unemployed who take on part time work so that it is more than the dole, for as long as they are eligible for benefit, and subsidise their commuting expenses and purchase of work related necessaries.

Allow the unemployed to take on short term contracts without them losing benefits by having to wait for a period after the contract ends before they are eligible to claim benefit again.

Partially subsidise employers' training expenses who offer ongoing vocational training programmes for their employees

Make employers with over 100 employees pay for the retraining of redundant workers.

Extend benefit eligibility in areas of high unemployment

License private training and employment agencies

Community work schemes will be subsidised after being vetted by a National Employment Council made up of representatives from both the unions and employers

Training schemes to be approved by the NEC before getting subsidies

Government training schemes to be contracted out to private entities.

A short note

In principle, our human development programme is eligible for US Foreign Aid grants earmarked during the Ryan era plus additional assistance under the "countries in transition to democracy" programme financed by the US Economic Support Fund. And there is also some EU Foreign Aid for the IT needed to implement an integrated national "advice, training, and employment" service. The EU will also be providing other technical assistance in the form of EURES specialists to advise us on setting up our employment services.

Passed June 2, 2009

[ingliz]

Revenue Act 2009

Article 1.

Income Tax

Starting rate: 10%: $10,000 - $20,000

Basic rate: 22%: $20,000 - $40,000

Higher rate: 40%: Over $40.000

Say you earned $50,000 the first $10,000 of earned income would be tax free, the second taxed at 10%, the next $20,000 at 22%, and your last $10,000 at 40%

$50,000 = $1,000 + $4,400 + $4,000 = $9,400 = approx 19% income tax

Article 2.

Corporate tax

Flat 19% rate with all investment and R&D immediately deductible (no depreciation schedule)

Article 3.

Capital gains tax

25% for capital gains realized in less than six months, 20% for those realized in less than one year, 15% for those realized in less than two years, 10% for those realized in less than seven years, and 0% all thereafter.

Article 4.

Tax relief on government bonds

If a portion of your wage is put into government savings bonds you get income tax relief capped at $20,000. This means that on a $50,000 wage if you put 10% of your income into bonds you wouldn't pay tax on the first $15,000, instead of the first $10,000, of that income.

Article 5.

Dividends and Bank interest

A 15% flat rate tax on bank interest and dividends if you allow the government to take tax at source.

Article 6.

Sales Tax

A flat rate of 2.5% on everything except food

Passed June 2, 2009

[Cartertonian]

Ingliz does a nice line in 'incomprehensible bollocks', don't you think?

Maybe more people would engage with politics (and with PoFo Parliament) if legislators found ways of expressing themselves that didn't require a law degree or somesuch of one's own to understand them.

[Vladimir]

This should be an official sticky thread called "legislation" or something ....

[Fasces]

What should also be recorded is what parties voted in what way for what bills.

[Zagadka]

In theory, there should be a list of each MP's votes. Too much work, though.

[ingliz]

What should also be recorded is what parties voted in what way for what bills.

Votes For or Against the Government by Party:

SN/RF

For - 31
Confidence - 11, Employment - 10, Revenue - 10

Against - 0

Possible Votes - 36

Votes Cast - 31

Abstentions - 5

SLD

For - 8
Confidence - 4, Employment - 2, Revenue -2

Against - 0

Possible Votes - 12

Votes Cast - 8

Abstentions - 4

PNL

For - 5
Confidence - 3, Employment - 1, Revenue - 1

Against - 0

Possible Votes - 18

Votes Cast - 5

Abstentions - 13

THP

For - 1
Revenue - 1

Against - 4
Confidence - 4

Possible Votes - 18

Votes Cast - 5

Abstentions -13

CA

For - 0

Against - 1
Confidence - 1

Possible Votes - 3

Votes Cast - 1

Abstentions - 2


PoP

For - 0

Against - 1
Confidence - 1

Possible Votes - 3

Votes Cast - 1

Abstentions - 2

LC

For - 0

Against - 1
Revenue - 1

Possible Votes - 3

Votes Cast - 1

Abstentions -2

ingliz, Clerk of the House

[ingliz]

Weights and Measures Act 2009.

The fundamental requirements are:

i) The units of measurement that are “legal for trade” - The metre shall be the unit of measurement of length and the kilogram shall be the unit of measurement of mass by reference to which any measurement involving a measurement of length or mass shall be made.

ii) All traders must display the “unit price” – that is, the price per legal, metric unit for “loose goods” sold from bulk.

iii) All shops must display the "unit price" for packaged goods

iv) Weighing and measuring equipment must weigh or measure in metric units.

v) Weights and measures used must be metric.

vi) Imperial units must not be used for trade.

vii) Prices must be displayed in metric.

viii) Traders and packers may display a “supplementary indication” (imperial conversion) provided that it is not more prominent than the legal, metric unit (NB. This would not mean that imperial measures may be used for weighing or measuring at the point of sale or as a primary measure on price labels).

ix) For the purposes of this Act, metric units will be converted to imperial units, "supplementary indicators", using the following tables. "Supplementary indicators" may only be rounded down:

Conversion tables

(1) Length
inch 1 in = 2.54 × 10-2m
foot 1 ft = 0.3048 m
yard 1 yd = 0.9144 m
mile 1 mile = 1609 m

(2) Area
square foot 1 sq ft = 0.929 × 10-1 m2
square yard 1 sq yd = 0.8361 m2
acre 1 ac = 4047 m2

(3) Volume
fluid ounce 1 fl oz = 28.41 × 10-6 m3
gill 1 gill = 0.1421 × 10-3 m3
pint 1 pt = 0.5683 × 10-3 m3
quart 1 qt = 1.137 × 10-3 m3
gallon 1 gal = 4.546 × 10-3 m3

(4) Mass
ounce (avoirdupois) 1 oz = 28.35 × 10-3 kg
troy ounce 1 oz tr = 31.10 × 10-3 kg
pound 1 lb = 0.4536 kg

(5) Energy
therm 1 therm = 105.506 × 106 J

Passed June 10, 2009

[ingliz]

Votes For or Against the Government by Party:

SN/RF

For - 42
Confidence - 11, Employment - 10, Revenue - 10, Weights - 11

Against - 0

Possible Votes - 48

Votes Cast - 42

Abstentions - 6

SLD

For - 10
Confidence - 4, Employment - 2, Revenue -2, Weights - 2

Against - 0

Possible Votes - 16

Votes Cast - 10

Abstentions - 6

PNL

For - 5
Confidence - 3, Employment - 1, Revenue - 1

Against - 3
Weights - 3

Possible Votes - 24

Votes Cast - 8

Abstentions - 16

THP

For - 5
Revenue - 1, Weights - 4

Against - 4
Confidence - 4

Possible Votes - 24

Votes Cast - 9

Abstentions -15

CA

For - 0

Against - 2
Confidence - 1, Weights - 1

Possible Votes - 4

Votes Cast - 2

Abstentions - 2


PoP

For - 0

Against - 1
Confidence - 1

Possible Votes - 4

Votes Cast - 1

Abstentions - 3

LC

For - 0

Against - 1
Revenue - 1

Possible Votes - 4

Votes Cast - 1

Abstentions - 3

ingliz, Clerk of the House

[ingliz]

The Labour Arbitration Services Act 2009

Sec. 1. Whenever any controversy or difference exists between an employer and his employees or the bargaining representative of such employees, the Department of Labour and Industrial Affairs shall, upon the written request of either party to the dispute, provide such arbitration services as may be necessary for the resolution of such controversy or difference, including but not limited to the assignment of an arbitrator employed by such Department to hear and decide the dispute or the designation of a panel of arbitrators employed by such Department from which the parties may select an arbitrator to hear and decide the dispute.

Sec. 2. A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract.

Sec. 3. The Department of Labour and Industrial Affairs may promulgate such rules as maybe necessary to provide for the lawful and efficient administration of arbitration services provided pursuant to Section 1, including but not limited to rules establishing reasonable fees for such services. The Department is authorised to charge a non-refundable filing fee for a request for arbitration.

Passed June 13, 2009

[ingliz]

Votes For or Against the Government by Party:

SN/RF

For - 53
Confidence - 11, Employment - 10, Revenue - 10, Weights - 11, Arbitration - 11

Against - 0

Possible Votes - 60

Votes Cast - 53

Abstentions - 7

SLD

For - 12
Confidence - 4, Employment - 2, Revenue -2, Weights - 2, Arbitration - 2

Against - 0

Possible Votes - 20

Votes Cast - 12

Abstentions - 8

PNL

For - 6
Confidence - 3, Employment - 1, Revenue - 1, Arbitration - 1

Against - 4
Weights - 3, Arbitration - 1

Possible Votes - 30

Votes Cast - 10

Abstentions - 20

THP

For - 5
Revenue - 1, Weights - 4

Against - 8
Confidence - 4, Arbitration - 4

Possible Votes - 30

Votes Cast - 13

Abstentions -17

CA

For - 0

Against - 3
Confidence - 1, Weights - 1, Arbitration - 1

Possible Votes - 5

Votes Cast - 3

Abstentions - 2


PoP

For - 1
Arbitration - 1

Against - 1
Confidence - 1

Possible Votes - 5

Votes Cast - 2

Abstentions - 3

LC

For - 0

Against - 1
Revenue - 1

Possible Votes - 5

Votes Cast - 1

Abstentions - 4

ingliz, Clerk of the House

[ingliz]

Enterprise Stabilisation Fund Act 2009

The Enterprise Stabilisation Fund aims to help companies sustain and develop their business during these difficult times.

i) Funding:

The funding is provided primarily through preference shares, repayable after five years and typically at 3% interest rate.

ii) Eligible companies should be:

a) In the manufacturing and/or internationally traded services sectors

b) Judged by the NEC* to have a sound, robust and sustainable business plan that is financially viable in the medium term

c) Able to demonstrate financial commitment/contribution of promoters, banks, other investors etc. to the business plan

d) Businesses who can increase their exports as the world economy improves

iii) Companies approved such preference shares support can also apply for grant-aid for research and development, and competitiveness projects under existing NEC support programmes.

iv) Other grants available under the scheme:

a) Consultants grant for financial advice

b) Key manager grant - financial manager

c) Productivity specialists grant

d) Cost reduction specialists grant

v) The NEC will partially fund the costs of accessing buyers and getting new sales abroad - Trade Fairs etc.

vi) The NEC will fund a Euro market campaign - TV and print advertising in our key markets.

*National Employment Council

Passed June 17, 2009

[ingliz]

Votes For or Against the Government by Party:

SN/RF

For - 63
Confidence - 11, Employment - 10, Revenue - 10, Weights - 11, Arbitration - 11, Stabilisation Fund - 10

Against - 0

Possible Votes - 72

Votes Cast - 63

Abstentions - 9

SLD

For - 13
Confidence - 4, Employment - 2, Revenue -2, Weights - 2, Arbitration - 2, Stabilisation Fund - 1

Against - 0

Possible Votes - 24

Votes Cast - 13

Abstentions - 11

PNL

For - 8
Confidence - 3, Employment - 1, Revenue - 1, Arbitration - 1, Stabilisation Fund - 2

Against - 4
Weights - 3, Arbitration - 1

Possible Votes - 36

Votes Cast - 12

Abstentions - 24

THP

For - 5
Revenue - 1, Weights - 4

Against - 12
Confidence - 4, Arbitration - 4, Stabilisation Fund - 4

Possible Votes - 36

Votes Cast - 17

Abstentions -19

CA

For - 1
Stabilisation Fund - 1

Against - 3
Confidence - 1, Weights - 1, Arbitration - 1

Possible Votes - 6

Votes Cast - 4

Abstentions - 2


PoP

For - 2
Arbitration - 1, Stabilisation Fund - 1

Against - 1
Confidence - 1

Possible Votes - 6

Votes Cast - 3

Abstentions - 3

LC

For - 0

Against - 1
Revenue - 1

Possible Votes - 6

Votes Cast - 1

Abstentions - 5

ingliz, Clerk of the House

[ingliz]

Defence Procurement (Submarine) Act 2009

Sec.1. Building and harbour improvements

i) East Island Naval Base

a) The establishment of a naval command facility

b) The establishment of seaman/submariner NCO training centre

c) Essential repairs of docks and harbour facilities

d) Refurbishment of accomodation blocks, stores etc

Estimated cost - $578 million

ii) New Clauswitz Naval Base

Essential repairs of docks and harbour facilities

Estimated cost - $80 million

Sec.2. The purchase of twelve (12) ThyssenKrupp Marine Systems Type 214: hybrid diesel-electric/AIP, long-range submarines

i) to be built under license by Drakkar Industri

ii) Three (3) Hybrid AIP/ diesel electric submarines + spares to be delivered each year for 4 years

a) Estimated cost of each vessel - $370 million

b) Estimated cost of each vessel fitted out and fit for purpose - $500 million

iii) Crew training, maintenance familiarisation courses etc to be provided by the manufacturers

Sec.3. Total Cost of vessels and infrastructure

Ist year spend - $1.96 billion

2nd year spend - $1.7 billion

3rd year spend - $1.5 billion

4th year spend - $1.5 billion

Contingency - $350 million

Total cost for 4 year programme - approx $7 billion

Addendum

Drakkar Industri to build one 56 metre, three masted, square rigged, Barque on steel hull donated by same to be used as cadet training ship and honorary flagship.

Estimated cost $6.8 million to be taken from contingency fund

Passed June 17, 2009

[ingliz]

Votes For or Against the Government by Party:

SN/RF

For - 74
Confidence - 11, Employment - 10, Revenue - 10, Weights - 11, Arbitration - 11, Stabilisation Fund - 10, Defence - 11

Against - 0

Possible Votes - 84

Votes Cast - 74

Abstentions - 10

SLD

For - 15
Confidence - 4, Employment - 2, Revenue -2, Weights - 2, Arbitration - 2, Stabilisation Fund - 1, Defence - 2

Against - 0

Possible Votes - 28

Votes Cast - 15

Abstentions - 13

PNL

For - 11
Confidence - 3, Employment - 1, Revenue - 1, Arbitration - 1, Stabilisation Fund - 2, Defence - 3

Against - 4
Weights - 3, Arbitration - 1

Possible Votes - 42

Votes Cast - 15

Abstentions - 27

THP

For - 6
Revenue - 1, Weights - 4, Defence - 1

Against - 14
Confidence - 4, Arbitration - 4, Stabilisation Fund - 4, Defence - 2

Possible Votes - 42

Votes Cast - 20

Abstentions - 22

CA

For - 2
Stabilisation Fund - 1, Defence - 1

Against - 3
Confidence - 1, Weights - 1, Arbitration - 1

Possible Votes - 7

Votes Cast - 5

Abstentions - 2


PoP

For - 3
Arbitration - 1, Stabilisation Fund - 1, Defence - 1

Against - 1
Confidence - 1

Possible Votes - 7

Votes Cast - 4

Abstentions - 3

LC

For - 0

Against - 1
Revenue - 1

Possible Votes - 7

Votes Cast - 1

Abstentions - 6

ingliz, Clerk of the House

[ingliz]

Internal Affairs Act No.1, 2009

The act is designed to reform the authoritarian executive system inherited from the dictatorship which has been the de-facto scheme for the executive branch despite nominal changes.
The act will modernise the system of interpretation and execution of laws.
The act outlines the jurisdiction of the IA ministry and the authority of its subjects.


ID Card:

1) All citizens to be issued with an ID card to be used to show identity, verify transactions, and access government services.
2) Persons authorised to access, disseminate and use such information must abide by, and are subject to the sanction provided in law if they contravene, regulations as set out in the Data Protection Act 2006 as amended 2008.


Enforcement

The following bodies are to act as IA subjects:
The police force
Courts
Intelligence service
Prisons


The police force:

1 a) The police force is not one service, but many forces, local and autonomous, tailored to meet local needs, within ministry guidelines.
b) to be divided into district divisions (urban) and regional divisions (rural)
c) Federal Police Bureau to provide specialist services to local forces and oversee/coordinate serious crime investigations that cross jurisdictions.
2) presiding administrative body to be appointed by the IA ministry; local administrative bodies to be appointed by the elected local government - District or Regional Councils.
3) local administrative bodies to appoint chief constables and decide local policing policy subject to ministry guidelines.
4) local administrative bodies to hold meeting sessions with senior officers, rank and file members and local residents on a monthly basis to discuss administrative issues. Reports of the meetings will be submitted for consideration by local government and may be submitted to the IA ministry as necessary.
5 a) members of the police gain rights to acting collectively or individually in applying reasonable force to detaining any individual deemed to have violated any law. Actions perceived by the acting administrative body to be going outside the bounds of reasonable force are to be a cause for removal of the member in question from the police force and subjecting to trial by law if a law is deemed to have been violated while acting with unreasonable force
b) A police officer being sentenced for a crime will have that sentence increased by two degrees and be removed from the force.
6) the police force has a right to detain the individual in (5) for a period of 12 hours without charge and two days without trial, further detention subject to the courts' consent. Without the consent, the police force has to pass the individual and his case to a court. At this point the individual becomes subject to the courts' jurisdiction and decision.
7) A member of the police collective is subject to trial by law in case of violating (6).
8 ) members of the police force have a right to use an approved list of fire arms (subject to approval of i)the IA ministry ii)the courts, in that order of priority, in self-defence but not in assault.
9 ) the police force has the obligation to compile all laws broken by the individual in (5) and the respective evidence prior to passing the individual and his case to a court.
10) The police force administrative body has the ownership of resources allocated by the IA ministry and may request for a justified extension of its resources from the IA ministry


Courts:

1) to be divided into i)Local Magistrates ii)the High Court. (i) to be divided into district divisions (urban) and regional divisions (rural). (ii) to be located in the capital. All cases are channelled by default into the respective (i). (ii) has the authority to take over any proceeding in (i) at any time.
2) to have monopoly over interpreting and executing any law for the duration of a trial
3) to be composed of i)jury ii)judge iii)observers
4 a) the accused has the right to trial by a jury. The accused may waive that right and be tried by a judge alone if he so chooses
b) Trial by jury - (i) has the obligation to process the case of the individual on trial by considering the evidence provided and reach a verdict ("guilty" or "not guilty"). (ii) has the obligation to advise i) on points of law and produce a sentence if the accused is convicted, subsequent to (i) reaching the verdict "guilty", based on the revised sentencing guidelines (Legal Notice AG 2008/17) and punishment provisions as scheduled in the Criminal Code 1951 as amended. (iii) has the right to observe in all cases
5 a) i)Juries are to be chosen by ballot (lottery) (ii)High Court Judges are to be appointed by the Prime Minister in consultation with the IA Ministry. Local government are to appoint Magistrates. Any citizen has the right to be in (iii).
b) Statutory retirement of (ii) High Court Judges - 73 yrs of age; Magistrates - 67 yrs of age.
c) Judges may apply for early retirement at their own discretion. High Court Judges to petition the Office of the Prime Minister, Magistrates the local government.
6) court discipline is enforced by civilian ushers aided by the police when necessary.
7) The individual on trial has a right to defend himself or make use of a free IA ministry provided lawyer
8 a) The trailed individual has the right to appeal to any court for the period of 3 months subsequent to the trial's conclusion. A maximum of two appeals are allowed
b) Judicial review - A High Court case can always be reopened by the Review Board of the Court of Appeals if substantial new evidence arises.
c) Review Board to be a panel of 4 senior judges convened as necessary


Intelligence service:

1) The intelligence service is under the control of the Office of the Prime Minister which delegates operational tasks to the IA ministry and the defence ministry as necessary.
(2) The function of the Service shall be the protection of national security and, in particular, its protection against threats from espionage, terrorism and sabotage, from the activities of agents of foreign powers and from actions intended to overthrow or undermine the state by political, industrial or violent means.
(3) It shall also be the function of the Service to safeguard the economic well-being of the ROP against threats posed by the actions or intentions of persons outside the PoFo Islands.
4 a) Parliament to appoint an independent Commissioner to review all documents relating to the Service and report to the House
b) If it appears to the Prime Minister, after consultation with the Commissioner, that the publication of any matter in a report would be prejudicial to the continued discharge of the functions of the Service, the Prime Minister may exclude that matter from the copy of the report as laid before the House.


Prisons:

1) to be located in venues owned and designated to this purpose by the IA ministry
2) to be administrated by the respective IA ministry department, appointed by the IA minister
3) any individual given a custodial sentence by a court judge comes into the jurisdiction of the department in (2) at the point of sentencing

Passed June 20, 2009

[ingliz]

Votes For or Against the Government by Party:

SN/RF

For - 85
Confidence - 11, Employment - 10, Revenue - 10, Weights - 11, Arbitration - 11, Stabilisation Fund - 10, Defence - 11, IA - 11

Against - 0

Possible Votes - 96

Votes Cast - 85

Abstentions - 11

SLD

For - 16
Confidence - 4, Employment - 2, Revenue -2, Weights - 2, Arbitration - 2, Stabilisation Fund - 1, Defence - 2, IA - 1

Against - 0

Possible Votes - 32

Votes Cast - 16

Abstentions - 16

PNL

For - 12
Confidence - 3, Employment - 1, Revenue - 1, Arbitration - 1, Stabilisation Fund - 2, Defence - 3, IA -`1

Against - 4
Weights - 3, Arbitration - 1

Possible Votes - 48

Votes Cast - 16

Abstentions - 32

THP

For - 7
Revenue - 1, Weights - 4, Defence - 1, IA - 1

Against - 16
Confidence - 4, Arbitration - 4, Stabilisation Fund - 4, Defence - 2, IA - 2

Possible Votes - 48

Votes Cast - 23

Abstentions - 25

CA

For - 2
Stabilisation Fund - 1, Defence - 1

Against - 4
Confidence - 1, Weights - 1, Arbitration - 1, IA - 1

Possible Votes - 8

Votes Cast - 6

Abstentions - 2


PoP

For - 3
Arbitration - 1, Stabilisation Fund - 1, Defence - 1

Against - 1
Confidence - 1

Possible Votes - 8

Votes Cast - 4

Abstentions - 4

LC

For - 0

Against - 1
Revenue - 1

Possible Votes - 8

Votes Cast - 1

Abstentions - 7

ingliz, Clerk of the House

[ingliz]

Redundancy Consultation Act 2009

General

1 a)The provisions apply to all employers and employees except those described below. They apply regardless of how long employees have worked for their employer or for how many hours a week they are employed.
b)The provisions do not cover:
i. anyone who is not an employee - for example, an independent contractor or freelance agent;
ii. members of the police service and armed forces;
iii. masters and crew members engaged in share fishing who are paid solely by a share in the profits or gross earnings of a fishing vessel;
iv. employees employed for a fixed term of three months or less, or engaged for a specific task which is not expected to last more than three months, unless in either case the job actually lasts for more than three months.
2) The obligation shall apply even when an employer intends to offer alternative employment on different terms and conditions to some or all of the employees.

Consultation

1) Employers are under no specific legal obligation to consult employee representatives or notify the Council in cases falling below the twenty redundancies threshold. However, they may be at risk of legal action if they fail to warn and consult individual employees who are to be dismissed in such cases, fail to apply dispute resolution procedures when required, or fail to adopt a fair basis for selection or to take reasonable steps to redeploy such employees.
2 a) An employer proposing to make collective redundancies must first consult appropriate representatives of any employees who may be affected by the dismissals (or by measures taken in connection with them).
b) Where those affected are represented by an independent trade union recognised for collective bargaining purposes, the employer must inform and consult an authorised official of that union. This may be a shop steward or a district union official or, if appropriate, a national or regional official.
c) The employer is not required to inform and consult any other employee representatives in such circumstances, but may do so voluntarily if desired.
d) A trade union may be recognised for one group of employees in a company, but not for another.
3a) Where employees who may be affected by the proposed dismissals, or by measures taken in connection with them, are not represented by a trade union as described above, the employer must inform and consult other appropriate representatives of those employees.
b) These may be either existing representatives or new ones specially elected for the purpose. It is the employer’s responsibility to ensure that consultation is offered to appropriate representatives.
c) If they are to be existing representatives, their remit and method of election or appointment must give them suitable authority from the employees concerned.
4 a) Representatives may be specially elected
b) Where an employee representative is elected but subsequently ceases to act as such and, in consequence, certain employees are no longer represented, another election should be held
c) In non-union cases, where affected employees fail to elect representatives, having had a genuine opportunity to do so, the employers concerned may fulfil their obligations by providing relevant information to those employees directly.
5) Employees may be affected by the proposed dismissals, or by measures taken in connection with them, even though they themselves are not to be dismissed. In the event of a dispute, whether or not any particular employee or class of employees was affected would be for an NEC tribunal to decide.
7a) The employer must begin the process of consultation in good time and complete the process before any redundancy notices are issued.
b) consultation must begin at least:
i) thirty days before the first of the dismissals takes effect (that is, when the employment contract is terminated) in a case where between 20 and 99 redundancy dismissals are proposed at one establishment within a period of ninety days or less;
ii) ninety days before the first of the dismissals takes effect (that is, when the employment contract is terminated) in a case where 100 or more redundancy dismissals are proposed at one establishment within a period of ninety days or less.
d) An employer who has already begun consultations about one group of proposed redundancy dismissals and later finds it necessary to make a further group redundant does not have to add the numbers of employees together to calculate the minimum period for either group.
c) In a case where employee representatives are to be specially elected, the employer will need to ensure that the election is completed and the representatives are in place (having had an opportunity for appropriate training if necessary) in time to allow the consultation process to be completed before any redundancy notices are issued.

Information to be disclosed

1) The employee representatives will need enough information about the employer’s proposals to be able to take a useful and constructive role in the process of consultation. An employer must therefore disclose certain information in writing.

This must be:
i. handed to each of the appropriate representatives; or
ii. sent by post to an address notified to the employer, or in the case of a trade union, to the address of the union’s head or main office.

2) The employer must disclose:
i. the reasons for the proposals;
ii. the numbers and descriptions of employees it is proposed to dismiss as redundant;
iii. the total number of employees of any such description employed by the employer at the establishment in question;
iv. the proposed method of selecting the employees who may be dismissed;
v. the proposed method of carrying out the dismissals, taking account of any agreed procedure, including the period over which the dismissals are to take effect;
vi. the proposed method of calculating any redundancy payments, other than those required by statute, that the employer proposes to make.

Scope of consultation

1) The consultation is to include ways of avoiding the redundancy situation or dismissals, of reducing the number of dismissals involved and mitigating the effects of the dismissals. Consultation should be genuine and must be undertaken with a view to reaching agreement with the employees’ representatives. Employers and employee representatives should work together to try to find common solutions.
2) Where consultation has not been completed by the end of the 30 or 90 day period, employers should continue the consultation beyond the 30 or 90 day period.
b) However, it is not necessary for the parties to have reached agreement for the consultation to be complete, although it is necessary for both parties to have undertaken genuine consultation 'with a view to reaching agreement'.
3) If either party believes the other has not undertaken genuine consultation 'with a view to reaching agreement', either party may refer the dispute to the NEC, the dispute will be referred to arbitration and the results of the arbitration shall be binding on the parties.

Penalty for non-compliance

1a) Failure to consult is considered a violation of an employee's statutory rights and protections.

b) i. Criminal Penalties: If an employer is found to have willfully or repeatedly violated employees' rights the Minister for Labour and Industrial Affairs may institute legal proceedings that could lead, on summary conviction, to a fine of up to $20,000 (this upper limit is subject to review from time to time).
ii. Civil Penalties: Provides for civil fines of up to $20,000 per violation against employers found to have willfully or repeatedly violated employees' rights.
iii. Employees who are judged by a NEC tribunal to have had their rights wilfully or repeatedly violated may be granted legal representation and a civil action instituted on their behalf.

Passed June 22, 2009