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"id": 319864,
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"content": "Before I address the arguments put forward in this matter, it is, perhaps useful to remind the Members of the provisions of Standing Order No.104(2)(3) under which a Bill is published only after the Speaker certifies that a Member’s legislative proposal be proceeded with and be published. The Alcoholic Drinks Control (Amendment) Bill, Bill No.39 of 2012 was published on 27th August, 2012 under direction of the Speaker and is, therefore, compliant with the provisions of this Standing Order. Hon. Members, the Standing Order do not contain clear rules regarding simultaneous publication, introduction and disposal of Bills, which relate to the same subject. However, a study of relevant Parliamentary precedence in other jurisdictions is useful. In the United Kingdom, there is no general rule or custom, which restrains the presentation of two or more Bills relating to the same subject and containing similar provisions. But if a decision of the House has already been taken on one such Bill, for example, if the Bill has been given or refused a Second Reading, the other is not proceeded with, if it contains substantially the same provisions. In the Australian House of Representatives, it is not unusual for Standing Orders to be suspended to enable related Bills to be considered together in order to meet the convenience of the House. A suspension of Standing Orders to enable a Member of related Bills to be guillotined in one Motion has also included provisions to allow groups of the Bills to be taken together. Hon. Members, a review of the two Bills shows similarity as well as differences. For example, both The Alcoholic Drinks Control (Amendment) Bill of 2011 and The Alcoholic Drinks Control (Amendment) Bill of 2012 contain different provisions to amend sections 29, 12, 24,32, 47, 68 and 70 of the Alcoholic Drinks Control Act of 2010. In addition, The Alcoholic Drinks Control (Amendment) Bill, published by the hon. John Mututho contains addition sections; namely, 1, 3, 4, 5, 6, 7, 10, 11, 13, 14, 15, 16, 17, 18, 19, 21, 25, 26, 31, 34, 37, 45, 60, 65, 66 and 67 of the Act. There are, therefore, areas of convergence as well as divergence in both Bills. Hon. Members, as you may be further aware, we currently have a number of Bills which relate to the same broad subject matter and which are in cognizance at various stages of consideration by the House. This include the Sugar (Amendment) Bill, Bill No.17 of 2012 by the hon. John Mututho, which is awaiting Second Reading and the Sugar (Amendment) Bill, Bill No.62 of 2011 by the Minister for Agriculture, which was read a Second Time yesterday and is awaiting Committee of the whole House. Two, Traffic (Amendment) Bill, Bill No.8 of 2012 by the hon. Jakoyo Midiwo, which awaiting Committee of the whole House and the Traffic (Amendment) Bill, Bill No.29 of 2012 by the hon. Minister for Transport, which is awaiting Second Reading. Three, the Public Procurement and Disposal (Amendment) Bill of 2012 by the hon. Olago Alouch, published last week and the Public Procurement (Amendment) Bill, 2011 by the hon. Eugene Wamwalwa, which is pending Committee Stage. Hon. Members, you may also recall that in the year, 2007, the Tobacco Control Bill, 2007 published by the hon. John Gor Sungu was almost word for word with the Tobacco Control Bill, 2007 published by the Minister for Health. Hon. Members, having reviewed the submissions made by hon. Kapondi and the relevant precedents including comparative precedence that he has just cited, the Chair rules that the existence of The Alcoholic Drinks (Amendment) Bill, 2012, Bill No.19 of"
}