Parliament's Public Accounts Committee has said that there are no legal obstacles to disbursing subsidies to fishermen, despite the statement by Ministry of Fisheries and Agriculture that the subsidies cannot be released due to legal issues.
Fisheries Ministry earlier requested for a meeting with the Public Accounts Committee, to discuss whether specific laws are necessary to release subsidies that are not classified as fundamental rights.
The Public Accounts Committee held a meeting with Fisheries Minister Ahmed Shafeeu yesterday to discuss this issue.
Committee Chairman Alifushi MP Nashiz, at the meeting, reminded the Minister that once the policies are determined for the subsidy, and the Fisheries Ministry is requested to release the money, it is the Ministry's responsibility to ascertain if the subsidy is a fundamental right.
While briefing the legal issue surrounding the release of subsidies, Shafeeu highlighted that according to the revised Financial Act, subsidies can only be disbursed under specified laws.
He added that while the Attorney General had advised that a subsidy can be released without a law if it is a fundamental right, however, she had not indicated whether the fishermen's subsidy can be categorised as a fundamental right.
Committee Members responded by saying that it is the responsibility of the Fisheries Ministry to determine whether the fishermen's subsidy is a fundamental right or not.
They asked why problems arise when it comes to the issue of fishermen's subsidy, when disbursement of other similar subsidies are ongoing.
“Speaking of legal points, this subsidy can be issued under article 38 (a) of the Constitution, which states that every citizen has the right to engage in any occupation or employment. So by giving subsidies to fishermen, we facilitate them to engage in their occupation. There is no reason why this subsidy cannot be given. It can be given,” Fuvahmulaku-dhekunu MP Abdullah Maseeh said.
Hithadhoo-medhu MP Ilyas Labeeb said that since the fishermen's subsidy has already been approved in the budget and included in the budget recommendations, it is the obligation of Fisheries Ministry to release the subsidy.
“There are recommendations included in the State budget when it is passed by the Parliament. It has been passed and decided that the recommendations should be implemented by the government. So they have to be followed,” he said.
Bilaydhoo MP Hamza said that he does not believe that there are any legal obstacles to providing subsidies to fishermen. He accused the government of making that an excuse to reduce the pressure on the budget.
Hamza said that the Public Accounts Committee should directly order Fisheries Ministry to release the subsidies.
Maldivian Democratic Party (MDP) member and Nolhivaram MP Mohamed Nasheed said that the Supreme Court should be requested for advice on the legal concerns associated with the subsidy issue.
He stressed that failure to determine if it is a fundamental right is not a reason to withhold the subsidies.
Following this, Shafeeu said that the Ministry also wants to disburse the subsidies. He stressed that as the person responsible for implementation, he must first clarify if it is legally possible to release the subsidies.
Chairman Nashiz then summarised the Committee's discussion, and said that electricity subsidies are provided according to article 23 (g) of the Constitution, which states that electricity must be provided to a reasonably adequate standard on every inhabited island; and that the same rule applies to the provision of subsidies to fishermen.
Concluding the meeting, Nashiz said, “The Committee's view is that subsidies should be given to citizens as soon as possible. The Members' advice is that nobody should believe that there are legal obstacles. Hope this is clear. This is our viewpoint.”