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"content": "Apart from the passion and the excitement of the Senate Majority Leader, he is not the final authority on these matters. While I appreciate the arguments put forth, I said that these are issues that concern all of us and there are no clear cut answers. As we are looking at them, they are not even for me alone. We must also compare with the other House of Parliament in terms of how we engage as a legislature with the Executive in a Presidential system. At this infancy of an experiment, there are bound to be certain challenges or some differences in understanding, and everybody is entitled to an opinion. As far as I am concerned, the Senate Majority Leader has said his opinion while other Senators have their opinions. Some of these opinions are not in tandem, just like we have opinions between the two Houses. We know what we have done as a law abiding State organ. We have gone to the only institution that is mandated to do this kind of interpretations. Issues addressed by Sen. Hassan in terms of how we could proceed with these issues and by Sen. Murkomen in terms of how we can ensure that responses are obtained and are relevant. There were issues and clarifications sought by Sen. Billow in terms of the procedures and whether Committees should constitute formally and invite the Minister. Sen. Murkomen also sought to know whether we can consider the Committee of the Whole. These are all issues that we need to look at. My interim position was that the Chair - I think I will be supported by Standing Order No. 182 – Duties of Committee Chairperson, which says:- “Subject to the provisions of this Standing Orders and the direction of the Committee, a chairperson of a committee shall; (a) preside at the meetings of the Committee; (b) perform the functions and exercise the powers assigned to the office of the Chairperson by the Committee, resolutions of the Senate or legislation; and (c) be the spokesperson of the Committee. I would find it very difficult as the head of this House to entertain extra measures of dealing with business in the House. We have the Constitution and we have our Standing Orders. These are things that guide the business of Parliament. So, sometimes even if you do not wish that way, and also Sen. Ongoro has expanded on this issue; that is why we go through an elaborate process. The minority party will nominate membership to the Committee and the majority party will nominate members of the Committee. These Committees are presented to the Rules and Business Committee where the Majority Leader, the Minority Leader and the Whips, by our Standing Orders, again, sit in the Rules and Business Committee in order to approve these Motions. Then on the basis of that authority, committees go and appoint Chairs. Remember also the Standing Orders give us a formula on the membership of the committees. The majority party will have the majority of the membership and the minority will have a minority membership. So, when the majority decided to give the minority the leadership, I am sure, it was by consensus or election, but that was the will of the Committee. So, you cannot give the power to the chairperson and then you want to deny them by virtue of other considerations which existed all along when you made that particular decision. So, these are some arguments that inform me for now. Of course, I am willing to be challenged by the Majority Leader and others for future reference and further The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
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