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{
    "id": 200045,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/200045/?format=api",
    "text_counter": 572,
    "type": "speech",
    "speaker_name": "Mr. Muturi",
    "speaker_title": "",
    "speaker": {
        "id": 215,
        "legal_name": "Justin Bedan Njoka Muturi",
        "slug": "justin-muturi"
    },
    "content": "Mr. Temporary Deputy Chairman, Sir, we could have very good laws with very good intentions, but we must place those intentions within their proper perspective. I am having some difficulties. First of all, the title of PART VIIIA reads: \"The Gender Action Duty.\" We would expect naturally, because this is very new--- We were dealing with the Employment Bill and we have now introduced something we are calling the \"Gender Action Duty\". This idea was not captured in the Employment Bill. This particular part is now being read a Second Time and we are debating it. Therefore, we ought to begin by having a detailed explanation of what the Gender Action Duty entails. I assume, as the Minister for Justice and Constitutional Affairs has said, that the intention is good. However, if you look through the clauses on page 737, Clause 65(C)(2) reads:- \"Except as may be otherwise specifically provided, the gender action duty requires every public service authority when carrying out its functions in relation to employment to - (a) promote recognition and acceptance of the right of men and women to equality of opportunity in public service employment; (b) ensure that not less thirty per cent of all new employees recruited or appointed by the public service authority are women; (c) ensure through promotions and new appointments that women comprise not less than thirty percent of the composition of the public service authority at all levels; and, observe all the provisions of this Part.\" We have just said what the public service or authority that will be implementing the Gender Action Duty will be required to do. I wonder whether it is right for us to provide for this title; the \"Gender Action Duty\", without saying what exactly it is. If we just want to talk about the one-third, the gender parity or the equality, they have been asking about, then we need to be clear and specific. I am a bit worried that the main body of the Employment Bill has not addressed itself to these issues. I want to agree with hon. Akaranga that because we are now introducing issues of public service employment, we needed to have began a little earlier when we were debating the Bill. In this Bill, we have already dealt with the issues which will be handled by the Industrial Court. We have talked about some other bodies--- As you have rightly observed, the Gender Action Duty does not apply where any written law has express provisions to the contrary. I do not think that other than the Constitution which forbids discrimination, there is any other written law would provide anything to the contrary. Mr. Temporary Deputy Chairman, Sir, Clauses 65D and 65E state as follows:- \"The Minister responsible for matters relating to finance may on the recommendation of the Board and subject to such conditions as the Minister may specify, prescribe, tax waivers, tax credits and other privileges to be enjoyed by any body not bound by this part which voluntarily accepts to be bound by this part and complies with its provisions---\" I do not know whether this is meant to entice the private sector to comply, so that they can get tax waivers. We should make it a duty of everybody to observe gender equality in employment. But the moment you start saying: \"If you do this, you start getting recommendations by a board--- Do you know which board is going to recommend to the Minister for Finance: \"This one should enjoy some tax waiver?\""
}