BY MORRIS NAFU
Leader of the Opposition and Chairman of the Bills and Legislation Committee (BLC), Mathew Wale has raised great concern over Public Service Bill 2025 penalties being “too light”.
He stressed on this during yesterday’s committee hearing, addressing the bill’s mover from the Ministry of Public Service and the legal draftsperson.
“Generally speaking, everyone who comes before us say the penalties are too low.
“We agree – they make the system a soft touch. It really hampers discipline because the penalties aren’t deterrent enough and remember, these are maximums, so courts have leeway within that range, but your maximums are just too low,” Wale said.
He highlighted stark contrasts with other laws, noting that offences like theft of government property under the Penal Code carries a maximum of 14 years in prison, yet the bill proposes just six months and a $5,000 fine for similar misconduct.
“It’s hard to believe. You have serious offenses here, but you’re slapping on penalties that are way too light,” Wale stressed.
He also pointed out inconsistencies across several key pieces of legislation, including the Penal Code, Ombudsman’s Act, Anti-Corruption Act, Police Act, City Council Ordinance, and Correctional Services Act.
“In those laws, penalties for comparable offenses are significantly higher, while the bill’s are much, much lower”, he said
The Opposition Leader praised the bill’s intent for handling civil and administrative breaches in the public service – such as fines of $5,000 to $15,000 or short jail terms – but warned it ventures too far into criminal territory.
“This bill is overreaching into serious offences that other laws already cover adequately.
“When those other laws were drafted and came before this committee, we wouldn’t have approved such low penalties. We’ll have to scrutinise this closely,” he said.
To illustrate, Wale cited an example of someone stealing a government truck valued at half a million dollars.
Under the Penal Code, it could mean up to 14 years behind bars for theft or conversion – but the bill?
“Six months or $5,000 – for a half-million-dollar truck? No way.
“That’s a major concern,” he remarked.
Wale urges the legal draftsperson to explore solutions, such as exemptions or clearer language to restrict the bill’s scope to purely administrative civil service matters, avoiding overlap with established criminal statutes like the Penal Code.
“Is there a way to further clarify and limit this to civil offenses, rather than duplicating what’s already in other legislation?”, he asked.
The committee’s deliberations continue as lawmakers weigh amendments to ensure the bill aligns with Solomon Islands’ broader legal framework.
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