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{
    "id": 1014137,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1014137/?format=api",
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    "content": "before I address the first issue, it is notable that the KNUT did obtain the proceedings of a Departmental Committee of this House including its minutes. Indeed, a perusal of KNUT’s letter to TSC dated 26th August 2020 reveals that the presumed recommendations that KNUT wanted TSC to implement are an extract of the Minutes of the Committee of 11th August 2020. It is therefore logical to conclude that proceedings of the Committee and part of its journal was deliberately and prematurely disclosed to KNUT in blatant and clear breach of the Standing Orders and the provisions of Sections 13 and 25 of the Parliamentary Powers and Privileges Act, 2017. Hon. Members, you will recall that I have in the past reminded the House, including the Members nominated to represent the youth, persons with disabilities and workers of the need to avoid conflict of interest between their personal and public interests as required by Chapter Six of the Constitution, the Leadership and Integrity Act 2012, the Public Officer and Ethics Act 2003 and the Parliamentary Powers and Privileges Act, 2017. Additionally, I have guided before that Members must at all times declare their interest on any matter before the House or a Committee pursuant to the provisions of Standing Orders 90 (1) and 107 (1)(e). Indeed, you will recall that on 9th May 2019, I guided as follows with regard to an issue that, interestingly, is similar to the one before me today: “THAT, with respect to the Members of Parliament nominated under Article 97 (1) (c) of the Constitution – that is those representing the special interests including the interests of the youth, persons with disabilities and workers – they are also not exempted from the application of the provisions of Article 122 (3) and Standing Order 90. Further, it is gross misconduct and out of order to wear the hat of a trade unionist or a workers’ representative and at the same time purport to also wear the hat of a Member of Parliament, in the same sitting of a Committee or the House.” That guidance should suffice with respect to the first question. I need not go beyond. Hon. Members, the next question that one would probably ask is: What about the authority of the information that was irregularly obtained from the Committee? Hon. Members are aware that it is a violation of Standing Order 86 for any Member, staff or other person to divulge contents of a Committee’s proceedings before such proceedings become the property of this august House. The said Standing Order states as follows: “86. No Member shall refer to the substance of the proceedings of a Select Committee before the Committee has made its report to the House.” Hon. Members, even as I settle the second question, it is a matter of public knowledge that Committees are organs and creatures of this House and consequently their resolutions have no binding effect and cannot be acted on unless adopted by the House in its plenary sitting. Indeed, a Committee has no authority except that which the House has delegated to it. Under Standing Order 216 (5), one of the functions of Departmental Committees is to investigate, inquire into and report on - emphasis on report on - all matters relating to the mandate, management, activities, and operations of the assigned Ministries and Departments. The operative words are “report on.” No Committee has powers to order, direct, or instruct, except as may be resolved by the House, having considered a report of a Committee on a particular matter. 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."
}