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{
    "id": 1337675,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1337675/?format=api",
    "text_counter": 169,
    "type": "speech",
    "speaker_name": "Tharaka, UDA",
    "speaker_title": "Hon. George Murugara",
    "speaker": null,
    "content": "of Parliament. Those regulations are now what is known as statutory instruments, delegated legislation or subsidiary legislation. Now, the proposed amendments are important. In fact, what they seek to do is: If a body empowered by an Act of Parliament to make regulations does make regulations but does not bring them to the House, the committee of this House, which is the Select Committee on Delegated Legislation, has the power to call for the tabling of those regulations within seven days. It is important to note that there is a default if they fail to do so. In as much as the new Sub-section 5 says that the instruments have to be submitted to Parliament, the correct position is that the instruments should be submitted to the National Assembly and not to Parliament. This is because when we refer to Parliament, we mean the two Houses of Parliament. As far as delegated legislation is concerned, it is a preserve of the National Assembly. When it comes to regulations made by the national Government, Senate does not have any role to play in those regulations unless the regulations touch on counties. Therefore, it is important to make this provision that the submission is to be made to the National Assembly. What happens where a regulation-making body fails to submit the regulations to Parliament? In the cases we have presently, those regulations continue to be in force until the House recalls the regulations and annuls them if that is what is supposed to be done. We have a new Sub-section 6 which will automatically render those regulations a nullity. The Committee will actually inform the public within a given period of time that the regulations that were made by this or that body, and which have been in force, are now a nullity. This has to be done in two newspapers of wide circulation. The reason is to ensure that nobody exploits the mischief to try and implement regulations that are null and void. It is also important to note that the Government and any other body that makes regulations will have to take it seriously that when they make regulations, they must bring them to the House for ratification, failure to which they are null and void and are of no consequence. Therefore, this is a very important piece of legislation. With the amendments that have already been proposed and what I am now proposing that we delete the word ‘Parliament’ in Sub-regulation 5 and make it ‘National Assembly’, this should carry the day as proposed. Hon. Speaker, I beg to support."
}