HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept
{
"id": 1018963,
"url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1018963/?format=api",
"text_counter": 33,
"type": "speech",
"speaker_name": "Sen. Faki",
"speaker_title": "",
"speaker": {
"id": 13211,
"legal_name": "Mohamed Faki Mwinyihaji",
"slug": "mohamed-faki-mwinyihaji-2"
},
"content": "To illustrate: (1) The Public Health Declaration of Formidable Epidemic Diseases Order 2020 was published on 27th of March, vide Legal Notice No.37 of 2020, and submitted to the Clerk of the Senate on 16th April, 2020. This was 21 days from the date the Order was published. (2) The Public Health Prevention, Control and Suppression of Covid-19 Rules, 2020 were published on 3rd of April vide Legal Notice No. 46 of 2020 and submitted to the Clerk of the Senate on 16th April, 2020. This was 14 days from the date the rules were published. (3) The Public Health Covid-19 Restriction of Movement of Persons and Related Measures, 2020 and the Orders made thereunder were published on 6th April, 2020 vide Legal Notice No.50 of 2020 and submitted to the Clerk of the Senate on 16th April, 2020. That was 11 days from the date the rules were published. The timelines set out in the Statutory Instruments Act for submission of regulations to Parliament was, therefore, not complied with on all the three sets of regulations. The immediate impact of that, was that, with the regulations being tabled in the Senate on 21st April, 2020, it would not have been possible for the relevant Committee to consider Regulations, undertake public participation, engage sector stakeholders, table its report thereon and have it considered in Plenary before the first set of Orders made under the Public Health Covid-19 Restrictions of Movement of Persons and Related Measures Rules, 2020 lapsed on 27th April, 2020. The Committee would have engaged in a purely academic exercise. Madam Deputy Speaker the Committee did raise the matter with the hon. Attorney-General during a courtesy call at the State Law Office on Monday, 6th July, 2020. The Attorney-General indicated that the Cabinet Secretaries have consistently been advised to ensure that they comply with Section 11(1) of the Statutory Instruments Act, Act No.23 of 2013 regarding timelines of submission of Statutory Instruments to Parliament for approval, but some delays were still being experienced. He, therefore, undertook to set up a tracking mechanism at the State Law Office to monitor and ensure that whenever regulations requiring approval by Parliament are published, they were, indeed, submitted to the Clerk of the respective House within the specified timeline. Lack of sufficient public participation in making Statutory Instruments - Section 5 of the Statutory Instruments Act requires regulation-making authorities to undertake appropriate consultations before making Statutory Instruments and sets out an elaborate procedure for ensuring that persons likely to be affected by the proposed Statutory Instruments are accorded an opportunity to comment on its proposed content. Once again, this requirement appears not to have been applied by regulation- making authorities as intended with Ministries coming up with all manner of excuses to avoid compliance. In the case of Covid-19 regulations: (1) The Public Health Regulation of Formidable Epidemic Disease, Order 2020, dated 20th March was published on 27th March, 2020 and submitted to the Clerk of the Senate on 16th April, 2020. The period of 46 days however, and as the Ministry admitted The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}