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"content": "written law, we then have to invoke the Standing Order No.4. It is the Committee’s finding that these Regulations are not in accord with the provisions of the Public Finance Management Regulations, 2015 and are, therefore, in contravention of Section 13 of the Statutory Instruments Act. They are also inconsistent with the Standing Order No.210(3) of this House. It is, therefore, clear that whereas the idea of having this Fund is a noble one and should be supported, it can only be done if it is done in accordance with the law. Our mandate is clear. We are not supposed to legalise what is illegal or allow a law that permits expenditure of public funds if that law or regulation does not follow the due process of law. As I conclude, on Page 13, based on the observations and findings under Paragraph 5 of the Report, this Committee recommends to the House that the Parliamentary Service (Senate Monitoring and Evaluation) (Procedure for Management of Funds) Regulations, 2016 be annulled in its entirety. I want to be clear as the Chair of this Committee, and some of my Members are also present, that this House should not be seen to be engaging in a war with the Senate. We are not denying the Senate any request to apply for funds. What we are requesting only is that the law should be applied. If they follow the due process and come up with proper regulations that comply with the law, we would have no problem with it. Not only the Senate, but every institution in this country which has the responsibility of creating regulations has no option, but to follow the due process of the law, so that we are a country that believes in the rule of law. As a House, we have to be the ones to set an example in following the process of law. With those remarks, I want to request my colleague and Member of the Committee, Hon. Kabando, to second."
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