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{
    "id": 1170067,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1170067/?format=api",
    "text_counter": 247,
    "type": "speech",
    "speaker_name": "Tiaty, KANU",
    "speaker_title": "Hon. William Kamket",
    "speaker": {
        "id": 13493,
        "legal_name": "William Kamket Kassait",
        "slug": "william-kamket-kassait"
    },
    "content": "Hon. Temporary Deputy Speaker, the Cabinet Secretary for the Ministry of Industrialisation, Trade and Enterprise Development published the Scrap Metal Rules on 5th May 2022. The Rules were submitted to the Clerk of the National Assembly on 26th May 2022 and were tabled on 31st May 2022. The Rules seek to regulate dealings with scrap metal and provide for licensing of scrap metal dealers as a condition for lifting the moratorium on dealing with scrap metal issued on 20th January 2022. The Committee examined the Scrap Metal Rules 2022 against the Constitution, the Interpretation and General Provisions Act, the Scrap Metal Act, 2015 and the Statutory Instruments Act. Scrutiny was undertaken following publication of the Rules. Having examined the Constitution and the other laws, the Committee made the following observations: First, the Rules were tabled in Parliament outside the statutory timelines contemplated under Section 11(1) of the Statutory Instruments Act. The Rules were published in the Gazette on 5th May 2022, laid on the Table of the House on 31st May 2022, being the Ninth Sitting Day since publication, which is not in line with the statutory timelines contemplated under Section 11(1) of the Statutory Instruments Act. Secondly, Part II of the Rules contain provisions on the Council, including nomination and qualifications for appointment of the Chairperson and the Council members. This is ultravires to Part II of the Scrap Metals Act, which deals with matters relating to the Council which is contrary to Section 13(a) of the Statutory Instruments Act, 2013. The explanatory memorandum submitted indicates that the Ministry subjected the Rules to public participation and sought for comments from various stakeholders. However, the memorandum fails to give evidence of the consultations. We know that in matters such as this, public participation is important. On the matter of the regulatory impact statement, the regulatory-making authority further failed to submit to the Committee the statement as required under Section 6 of the Statutory Instruments Act. Having examined these Rules against the Constitution, the Interpretation and General Provisions Act Cap 2, the Scrap Metal Act 2015 and the Statutory Instruments Act (No.23) 2013, the Committee recommends that this House annuls in entirety, the Scrap Metal Rules for non- conformity with the Constitution, the Scrap Metal Act and the Statutory Instruments Act. Hon. Temporary Deputy Speaker, with those few remarks, I beg to move and ask my friend, Hon. Baya, to second."
}