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{
    "id": 712675,
    "url": "http://info.mzalendo.com/api/v0.1/hansard/entries/712675/?format=api",
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    "content": "PROCEDURE TO BE FOLLOWED IN CONSIDERING THE PRESIDENTIAL MEMORANDA ON BILLS Hon. Senators, as you may recall, on Wednesday 30th November, 2016, I read a Message from the National Assembly forwarding the Presidential Memoranda on the Petroleum (Exploration, Development and Production) Bill (National Assembly Bill No. 44 of 2015) and the Energy Bill (National Assembly Bill No. 50 of 2015) for consideration by the Senate. The two Bills were subject to Constitutional timeline of 27th August, 2016, having been extended by 12 months by the National Assembly. Indeed, Parliament passed the Bills within the timelines but His Excellency the President declined to assent to the two Bills and referred them to Parliament in a Memorandum with recommendations for reconsideration. As indicated in my Communication yesterday, this is not the first time that the Senate has received a Memorandum from His Excellency the President regarding refusal to assent to Bills. Indeed, last year, we received and considered President's Memoranda on the Public Audit Bill and Public Procurement and Assets Disposal Bill. Hon. Senators, the procedure to be followed in considering the Memoranda before us is the same as the one used last year when considering the two memoranda on the Public Audit Bill and the Public Procurement and Asset Disposal Bill, as provided for in Article 115 (2) (3) and (4) of the Constitution which states as follows:- “(2) If the President refers a Bill back for reconsideration, Parliament may, following the appropriate procedures under this Part- amend the Bill in light of the President’s reservations; or (b) pass the Bill a second time without amendment. (3) If Parliament amends the Bill fully accommodating the President’sreservations, the appropriate Speaker shall re-submit it to the President for assent. (4) Parliament, after considering the President’s reservations, may pass the Bill a second time, without amendment, or with amendments that do not fully accommodate the President’s reservations, by a vote supported— (a) by two-thirds of members of the National Assembly; and (b) two-thirds of the delegations in the Senate, if it is a Bill that requires the approval of the Senate. Hon. Senators, for avoidance of doubt, this means that:- (a)The Senate, pursuant to Article 115(2) may amend the Bills in light of the President’s reservations or amend the Bills in a manner that fully accommodates the President’s reservations. This would require the vote of a majority of the delegations in the Senate, which is 24 delegations; or (b) Pursuant to Article 115(4) of the Constitution, pass the Bills a second time, without amendment, 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 32 delegations. Hon. Senators, further, I wish to give directions on what would happen in the event that the Senate does not obtain the 24 delegations requiredto accept 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"
}