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{
    "id": 200753,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/200753/?format=api",
    "text_counter": 166,
    "type": "speech",
    "speaker_name": "Mr. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Members will recall the continuing issue of operationalising the Privatisation Act. We will also recollect that last week, the issue of approving officers came to this Floor. I now see the hon. Member; chair of the Committee on Finance, Planning and Trade, has tabled a report approving five of the seven names. I just want to make a quick observation of the procedure that, that Act requires to be dealt with. A very quick look at the Act indicates that it requires the Minister to forward the names to the Committee on Finance, Planning and Trade. The committee then approves or disapproves. That is the end of the story. However, it does not seem to place the House anywhere in that issue! It is a very loose way of doing things. I cannot see a situation where a committee has held a transaction with the Minister to the total exclusion of the House. That is a very strange piece of legislation! That strange piece of legislation needs to be re-looked at very carefully. It is my considered view that every committee is a creature of the House. It must, therefore, report to the House. The House would then either agree with it or not! No legislation should ever make a committee independent of the House. I do not think it was ever intended that way and there is no intention to make it operate that way. So, there are deficiencies there. Hon. Members know that because of your complaints, I have taken up this issue with the Minister for Finance to make this Act operational. The Minister, in fact, promised this House and he is, on course, to operationalising this Act by 1st, November, 2007. Now, there is no provision in the Act as to what happens after the Committee has rejected some names and what happens after that. I think this House also must be cognisant of the fact that as a matter of law, it can be dissolved any time for purposes of elections. That is a matter of law! October 9, 2007 PARLIAMENTARY DEBATES 4399 Whether we like the elections or not, it is a fact that we must face them. The time is now! So, I want this matter to be dealt with quickly. Since the Act seems to have weaknesses, I must also convey to the Committee the complaints of the Minister which are also justified. Indeed, the Committee did not seek his views on why he recommended a package of seven. When the Committee was going to reject two names, they did not give the Minister audience to let them know the reasons that led him to make the recommendations. I think we should not behave that way. I think we should not act that way. There must be an interaction between the Committee and the Minister because Parliament, through its committees and Ministers, must work in harmony and as one whole. Therefore, I direct that the committee meets with the Minister on Thursday, latest, to have a look again at the two names that have been disapproved. The Committee should either be satisfied by the Minister that they are actually worthy of nomination. If they cannot be convinced that way, they should then let the Minister know there and then. By Monday or Tuesday, another set of names will go to the Committee to be approved and forwarded to the Clerk of the National Assembly for on-ward transmission together with the ones that are already approved. I do not want anything to be a hinderance to making this Act operational. I hope this is understood. I want to take this opportunity also to advise hon. Members that when they prepare Private Members Bills and present to this House, they must seek competent legal advice on drafting as much as possible. We have a competent person in Parliament now and the Attorney-General has always helped in drafting these Bills, so that we do not have this lacuna that can give us some problems. I hope we will work in that spirit. Mr. Oburu and Mr. Kimunya, please, get together and get these things sorted out. Thank you."
}