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"next": "http://info.mzalendo.com/api/v0.1/hansard/entries/?format=api&page=138137",
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{
"id": 1397771,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1397771/?format=api",
"text_counter": 134,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Indeed, Hon. Members, in the 12th Parliament, on 7th July 2021, when addressing the fate of individual Members’ Bills that were pending before various committees of the House, my immediate predecessor observed as follows— “…the importance of having Committee reports on Bills before commencement of Second Reading needs not be over-emphasised. For the information of Members, Committee reports on Bills not only inform and enrich debate on the Bill but also, most importantly, espouse the views and recommendations of the public, which legitimises the legislative process and cushions the House from judicial review for failing to comply with the provisions under Article 118 of the Constitution on Public Access and Participation.”"
},
{
"id": 1397772,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1397772/?format=api",
"text_counter": 135,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "From the foregoing, and in the face of the express dictates of Standing Order 127, it is generally part of our practice that committee reports on Bills are integral and imperative to the legislative process and the contents therein cannot be wished away as suggested by the Member for Funyula."
},
{
"id": 1397773,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1397773/?format=api",
"text_counter": 136,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Hon. Members, this determination leads me to the fifth question, which is whether the amendments proposed by the Departmental Committee on Justice and Legal Affairs would cure any offensive provisions of the Bill. You will note that, based on the views of the public and stakeholders, the Committee has recommended a raft of amendments in its Report. I have already approved those amendments to be brought to the Floor of this House. I have perused the Report and I am satisfied that the Committee’s proposed amendments, if passed by the House, will remedy the inadequacies, if any, contained in the Bill. I, therefore, urge the House to consider the amendments proposed by the Departmental Committee on Justice and Legal Affairs."
},
{
"id": 1397774,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1397774/?format=api",
"text_counter": 137,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "The purpose of Standing Order 47(3)(b) cited by the Leader of the Minority Party is to avoid an absurd situation where the House debates, votes on and possibly passes an 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"
},
{
"id": 1397775,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1397775/?format=api",
"text_counter": 138,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "unconstitutional motion. The House may, therefore, cure any issues of unconstitutionality, if any, during the Committee of the whole House."
},
{
"id": 1397776,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1397776/?format=api",
"text_counter": 139,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "Hon. Members, the ruling by my predecessor on the question of unconstitutionality claims on the Finance Bill, 2019 delivered on 19th September 2019 has been extensively referenced by Hon. Opiyo Wandayi. In my view, that question may be distinguished from the present one. This is because the impugned clauses of the Finance Bill, 2019 were procedurally defective as they sought to limit the right to privacy without any additional provision stating the intention to limit that right, the nature and extent of the limitation as provided in the Constitution."
},
{
"id": 1397777,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1397777/?format=api",
"text_counter": 140,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "It is, therefore, my view that the application of Standing Order 47(3)(b) is reserved for matters that are outrightly unconstitutional, whether procedurally or substantively. It is my considered view that the issues raised by Hon. Opiyo Wandayi do not fall within that category and may, therefore, be canvassed by the House, noting that the report of the Justice and Legal Affairs Committee and the addendum thereof proposes amendments to the Bill."
},
{
"id": 1397778,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1397778/?format=api",
"text_counter": 141,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "I am inclined to the view that the plea by the Leader of Minority Party for the Speaker to find specific provisions of the Bill unconstitutional is premature. Doing so, being aware that the House can still cure any offensive provisions in the Bill through amendments in the Committee of the whole House is akin to throwing the baby out with the bathwater."
},
{
"id": 1397779,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1397779/?format=api",
"text_counter": 142,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "In this regard, Honourable Members, having settled the claim of unconstitutionality in relation to the Bill, and bearing in mind that there are amendments proposed by the Departmental Committee on Justice and Legal Affairs and other Members, my finding and guidance is as follows: 1. THAT, the National Government Administration Laws (Amendment) Bill, 2023 is properly before the House. 2. THAT, since debate for Second Reading was concluded yesterday, and the Mover did reply, I will hereafter proceed to put the Question for Second Reading. 3. THAT, the Bill may thereafter proceed to the Committee of the whole House and Third Reading as scheduled by the House Business Committee."
},
{
"id": 1397780,
"url": "http://info.mzalendo.com/api/v0.1/hansard/entries/1397780/?format=api",
"text_counter": 143,
"type": "speech",
"speaker_name": "Hon. Speaker",
"speaker_title": "",
"speaker": null,
"content": "The Leader of the Minority Party is at liberty to advance any amendments on the Bill at that stage. The House is accordingly guided."
}
]
}