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"content": "Order, hon. Members. Before I propose the question, I wish to say the following: I have heard the point of order raised and very ably canvassed by the Member for Gwassi, and I think which point of order the Member for Ikolomani appears set to want to supplement. Without being anticipatory, I have internalized the import of the point of order raised by the Member for Gwassi and I want to answer that very briefly. In a nutshell, I am in agreement with the Member for Gwassi with respect to interpretation of Article 206 of the Constitution that money may not be withdrawn from the Consolidated Fund except as particularized under (2). I think we are in the process of getting there. What we are at now is Committee of Supply, which is still permitted by our law. After this is completed, then we will move on to do the Appropriation Bill and upon passage of the Appropriation Bill, the necessary authority to withdraw from the Consolidated Fund will have been granted by the House. That is how I understand it. But hon. Members, further, because some of these matters had been drawn to our attention, we have considered those concerns and I thought we will have a peaceful afternoon, but now that this has been raised, I will want to put my thoughts to the House so that we can pilot through this process smoothly and perhaps in the interest of the bigger picture. On Tuesday, 26th July, 2011, the Budget Committee laid its Report in the House on a Motion - and I think hon. Mbadi has referred to that and other Members would perhaps have wanted to refer to that - as follows:- “That, this House adopts the Budget Committee Report on the Estimates of Revenue and Expenditure for Financial Year 2011/2012 laid on the Table of the House on Thursday, 21st July, 2011”. This Motion was adopted with amendment on Wednesday, 27th July, 2011. The Motion on the Budget Committee Report is a Motion within the meaning of the Standing Orders and was, therefore, dealt with and disposed of like any other Motion. The rules applicable to debate on a Motion and the permissible amendments apply. So, what is key there - I want you to carry this with you even as I go through these directions - is that it was a Motion adopted by the House. If it is a Motion, then, just like any other Motion, rules applicable to debate on a Motion and permissible amendments will therefore, apply. The Motion passed by the House on the Budget Committee Report is an expression of the views of the House on the Budget. In other words, the House is urging that its recommendations; its views be accepted. It is a powerful statement because it has benefited from wide public consultation and expertise. It is part of the Budget process envisaged under the Constitution. However, you are aware that the Estimates of Expenditure for the Fiscal Year 2011/2012 were tabled on 8th June, 2011, almost two months behind schedule. The House is alive to the discussion between the Budget Committee and the Deputy Prime Minister and Minister for Finance over this matter. It is also crucial to note that this year’s Estimates for the Financial Year, 2011/2012 are in respect of a period that is widely accepted and constitutionally so as the transitional period. I wish to restate that commencing the Fiscal Year 2012/2013, the Deputy Prime Minister and Minister for Finance will be expected to strictly adhere to Article 221 of the Constitution and that the Estimates will have to tabled two months before the end of the fiscal year, that is, not later than the 30th June, 2012. The Deputy Prime Minister and Minister for Finance has already published and introduced the Finance Bill, 2011 in the House. The link between the Budget Committee Report on the Budget Statement and the Finance Bill is that the Budget Committee Report should give direction on the policy issues that will form the basis of the reviews and adjustments to be proposed in the Finance Bill. In particular, the resolutions reached on the taxation proposals should guide the review and eventual passage of the Finance Bill. The resolutions of the House on the Budget Committee Report should further guide the Committee of Supply which is required to commence as soon as the debate on the report is concluded. The Committee of Supply is the stage at which the House debates on the expenditure proposals, vote by vote as per the provisions of Standing Order No.153 going on to Standing Order No.155. Based on the Supply resolutions, the Deputy Prime Minister and Minister for Finance will be required to introduce an Appropriations Bill in the House to give legal effect to those resolutions. You can see that up to that point they are just resolutions. However, the Deputy Prime Minister and Minister for Finance will give legal effect to those resolutions by bringing the Appropriation Bill. The Deputy Prime Minister and Minister for Finance is expected to take into account the recommendations of the Budget Committee and the Chair is aware of a series of meetings having taken place between the Budget Committee and the Minister over this matter. The spirit of the Constitution bestows upon Parliament and the Executive the duty to partner in the Budget making process in order to ensure that the principles of public finance are adhered to. So, we must see ourselves now in the new constitutional dispensation as applies today as partners. It is a partnership between the Legislature and the Executive to bring about the Budget that, among other things, embraces the concerns of the public. It, therefore, follows that some recommendations of the Budget Committee though meant for the good of the country may have to be deferred to a later date. In other words, they are noted and the Deputy Prime Minister and Minister for Finance does not ignore them because he carries them as valid and solid recommendations that the House makes in its tripartite capacity. It makes those recommendations in its capacity to represent, oversight and to legislate. So, the Minister cannot take them for granted. The Minister must take them seriously. Hon. Members, having said this, I now wish to give the following directions; that the 2nd Allotted Day of the Committee of Supply commences as per the Order Paper and, indeed, it has commenced, it has been moved and seconded. The 1st Allotted Day was during the Vote on Account. If you look at your Standing Orders, they will tell you that the 1st Allotted Day was when we took the Vote on Account. In fact, if we had objections with this process, we should have raised them at that point. Otherwise, we have in effect acquiesced to this process. Dr. Khalwale, if you do not know that, ask Mr. Kajwang. He will tell you. Secondly, in line with the Standing Orders, one hour before the time for interruption of business and not later than 5.30 p.m. the rest of the outstanding votes be disposed of as per Standing Order No. 158, paragraph 8. Thirdly, once the Committee of Supply is done with, the Deputy Prime Minister and Minister for Finance should introduce an Appropriations Bill, 2011. Those are my directions for the reasons that I have given. I am persuaded that those directions accord with the provisions of the Constitution and, indeed, accord with the new constitutional dispensation."
}