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"content": "Having settled the second subject, let me now focus on the third item, which is the question of the voting threshold during consideration of presidential reservations. In doing so, I wish to draw the attention of the Members to the provisions of Article 121 of the Constitution. These provisions clearly indicate that for purposes of the National Assembly, the quorum required for transaction of any business in the House is 50 Members. Article 115(4)(a) on its part provides that for the House to override or amend reservations by the President, a vote to that effect must be supported by, at least, two-thirds of the Members of the House. On the flip side, and in the absence of a similar provision giving a specific threshold, the House requires a simple majority to concur with those reservations or recommendations. A distinction needs to be made here between the threshold required in transacting business in the House and the one required in taking a decision on a particular matter or Motion. For purposes of the former, the requisite quorum is the one prescribed by Article 121, and for purposes of the latter a majority of the Members present and voting will suffice save for instances when a particular threshold is prescribed by the Constitution, as is the case in Article 115(4)(a). Indeed, the requirement for specific thresholds to pass a certain decision is not unique to Article 115. For instance, there are three different thresholds essential in the deliberative process of removal of a Cabinet Secretary from office under Article 152(6) to (10). Members are at liberty to choose to be absent when the Question is being put if the intention is to cause the Motion to be defeated. The presence of a minimum of 50 Members in the House, therefore, suffices for purposes of considering a presidential memorandum, but when voting to override or vary the reservations, two-thirds majority of the Members must be present in the House so as to vote to override the reservation or to vary the reservation in a manner that has the effect of not fully agreeing with the President. The absence of, at least, two-thirds majority at the time of putting the Question does not in any way imply that the House is improperly constituted. However, should the number of those present when voting amount to at least two-thirds, but after the results the number of those voting to negate the President’s recommendation result in a majority, which is however less than the two-thirds, while those voting to agree with the President number less than a third of all the Members of the House, the Speaker is at liberty to direct that another vote be taken on another day pursuant to the provisions of the Standing Order No.62(2). The effect of that provision, which is seldom applied, is to give the House a second opportunity to attempt to raise the requisite constitutional threshold, but which should be applied very sparingly. Hon. Members, this now brings me to the fourth and final issue, which is consideration of presidential reservations as relates to the principle of separation of powers. Members are aware that in most jurisdictions, the legislative process provides for assent to Bills by the President as the head of the Executive arm of Government. Our own system, through the provisions of Article 115 of the Constitution, requires that all legislation by Parliament should be presented to the President for assent. Different reasons have been advanced on the need for a presidential assent given the principle of separation of powers between the arms of Government. These reasons include the need to prevent hasty and ill-considered legislation by Parliament and legislation which may be unconstitutional. In its basic form, the concept of separation of powers divides the institutions of government into three branches, the Legislature, the Executive and the Judiciary. The Legislature makes laws, the Executive puts the laws into operation and the Judiciary interprets those laws. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}