Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 586722,
    "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/586722/?format=api",
    "text_counter": 129,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "the Joint Committee tabling a report as contemplated under Standing Order No.158(2) of the Senate Standing Orders. What then is the fate of the Presidential Memoranda in the absence of a report by the Joint Committee? Hon. Senators, Standing Order No.158(5) provides that, “where the Joint Committee fails to submit a report under paragraph 2 or the report of the Joint Committee is to the effect that the Committee has failed to agree to the President’ s reservations or where the Joint Committee fails to agree on a version of proposed amendments to the President’s reservations, the President’s reservations shall be taken to have been approved by Parliament upon laying of the report on the table of the Senate under paragraph 2. Hon. Senators, you will recall that in the communication issued on 23rd July, 2015, I observed that Standing Order No.158(5), though it may be aimed at ensuring expeditious disposal of a Presidential Memorandum, does not accord with the Constitution. This is because Article 115 of the Constitution requires that each House of Parliament specifically pronounces itself on a Presidential Memorandum. I, therefore, rule that to the extent that the Standing Order No.158(5) provides for a “ deeming” of approval by the Senate of the President’s reservations upon laying of the report on the table of the Senate without considering by the senate, it does not accord with Article 115 of the Constitution and must, therefore, yield to Article 115. In the circumstances, I invoke Standing Order No.1 to find that where a Joint Committee fails to submit a report under paragraph 2, or if the report of the Joint Committee is to the effect that the committee has failed to agree to the President’s reservations or where the joint committee fails to agree on a version of proposed amendments to the Presidents reservations, the Senate shall consider a motion that, the Senate approves the Bill fully accommodating the President’s reservations. This Motion may be moved by a member of the Joint Committee, the Senate Majority Leader, or a Senator designated by the Senate Majority Leader. In accordance with the Motion, the Senate may:- 1. Pursuant to Article 115(2) of the Constitution, amend the Bill in light of the President’s reservations or amend the Bill in a manner that fully accommodates the President’s reservations. This will require the vote of a majority of the delegation in the Senate which is 24 delegations. 2. Pursuant to Article 115(4) of the Constitution, pass the Bill a second time without amendments or with amendments that do not fully accommodate the President’s reservations. This would require the vote of two-thirds of the delegations in the Senate which is 31 delegations. There are, however, two questions that arise from this: First, what would be the fate of the President’s reservations where the Senate does not obtain the 24 delegations required to accept the President’s reservations? Secondly, what would be the fate of the President’s reservations where the Senate does not obtain the 31 delegations required to reject the President’s reservations? In either case, is it possible to deem an acceptance or a rejection by the Senate by dint of failing to obtain the requisite numbers? The answer is in the negative. Article 115 of the Constitution would appear to require that the Senate must pronounce itself on the President’s reservations by either accepting or rejecting the reservations. There is no room for deeming of either an acceptance or a rejection. A specific resolution must be made by the Senate. Consequently, the only action that would take the agenda forward is either an acceptance or a rejection of the President’s reservations by the requisite numbers. It would appear that any other action that does not result in an outright acceptance or rejection of the President’s The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}