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{
    "id": 134376,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/134376/?format=api",
    "text_counter": 233,
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    "speaker_name": "",
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    "speaker": null,
    "content": "Hon. Members, our Constitution under Section 17(3) provides that Ministers are collectively responsible to the National Assembly for all the things done by or under the authority of the President. Section 17(3) of the Constitution provides as follows: “The Cabinet shall be collectively responsible to the National Assembly for all things done by or under the authority of the President or the Vice-President or any other Minister in the execution of his office.” Ministers are collectively responsible to Parliament for the general conduct of the affairs of the Executive. Consequently, Ministers are called upon to step in on behalf of other Ministers who may be absent in the House in answering Questions or responding to Motions coming before the House. In this respect, it is worth noting and the Chair recalls that during the Ninth Parliament, Dr. Mukhisa Kituyi and Ms. Martha Karua, to name just two Ministers of the time, would on occasion answer Questions put to other Ministers when they were absent from the House at a given time. It would be appropriate if Ministers in the current Parliament emulate that worthy precedent. Hon. Members, the Chair recognizes that events may occur which will necessitate Questions appearing on the Order Paper or other business to be put off or deferred for legitimate reasons. If such a situation is contemplated, the Minister or Assistant Minister concerned should notify the Chair accordingly as soon reasonably possible. Hon. Members, I wish, in this regard, to reiterate that such notification should only be made to the Chair by the Minister or Assistant Minister concerned and not by the Permanent Secretary or by other technocrats in the Ministries. Communications to the National Assembly by Permanent Secretaries or other technocrats of Government can only be addressed to the Office of the Clerk of the National Assembly. As a matter of fact, we have got to a situation where even Permanent Secretaries appear not to be available and we have had correspondence addressed to the Speaker by personnel officers and other persons at that cadre. We deem this as contemptuous. The Chair wishes, on behalf of this House, to put all Ministers on notice that the business of the House must be accorded priority and be attended to with the seriousness it deserves. Appropriate action as laid down in the Standing Orders will be invoked by the Chair in the event of default. In particular, all hon. Members will no doubt be aware that failure to answer a particular Question by a Member constitutes disorderly conduct under Standing Order No.46 which provides: “It shall be disorderly conduct for a Member to fail to ask or for a Minister to fail to answer a Question listed in the Order Paper without the leave of the Speaker.” Standing Order No.97, paragraphs 1(f) and (j) are also relevant. They provide that: “Conduct is grossly disorderly if the Member concerned deliberately gives false information to the House or acts in any other way to the serious detriment of the dignity or orderly procedure of the House.” The consequences of misconduct by a Member and the sanctions, therefore, are well known to all of us. If it becomes necessary and in the interest of this House, the Chair will reluctantly, but firmly and consistently invoke the sanctions provided for in the Standing Orders against offending Ministers. Beginning forthwith, notice is served that the Chair, as it is permitted to by our Standing Orders, will deal with this category of disorderly conduct by taking action that will culminate in inter alia : (a) Restriction from transaction of business in the House."
}