Entry Instance

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{
    "id": 545611,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/545611/?format=api",
    "text_counter": 85,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "On 23rd April, 2015, the Member for Ol Jorok, Hon. John Waiganjo, rose on a point of order seeking the Speaker’s direction on the matter of expunging of information from the Official Report of the House, popularly referred to as HANSARD. Among the issues canvassed for determination by Hon. Waiganjo were:- (i) The extent to which a HANSARD report can be edited; (ii) The privileges and immunities in law enjoyed by the HANSARD; (iii) Whether expunging of information from the HANSARD is an affront to the proceedings of the House or not; (iv) Where the Speaker derives authority to direct the expunging of information from the HANSARD; (v) In whose interest would such expunging be done; (vi) What the Speaker intends to accomplish by directing the expunging of information from the Official Report of parliamentary proceedings. The hon. Member argued that Standing Order No. 248 does not make any reference to the expunging of information from the record of the House. He added that the HANSARD is a vital component of parliamentary democracy in that it captures the speeches, the votes and the debates in the House and is the only complete, accurate and permanent record of the House, and is a sacrosanct document. Hon. Members, Hon. Waiganjo’s contention is that nothing at all should be removed or added to what an hon. Member says so that the expression and intention of the Member changes because of any alteration to the HANSARD record, and that any change to the HANSARD should only be to ensure the readability of the text but not to change or remove anything. He is also of the opinion that the Speaker or any presiding officer should not expunge any record merely because it is “unpalatable, ignominious, archaic or it is not good enough”. Lastly, the Hon. Member contends that “expunging of information from the HANSARD is an affront to the culture of openness which ought to be entrenched by subjecting parliamentary proceedings to public scrutiny” and suggests that if any expunging were to happen, “it ought to be with the Leave of the House and not the Speaker’s personal prerogative.” He contends that since the matter is not directly provided for under the Standing Orders, the common practice of invoking Standing Order No.1 (giving discretion to the Speaker to decide on matters not provided for) may result in not capturing the spirit of the hon. Member’s contribution; I wish to respond to those various issues as follows:- What is HANSARD? First, I agree with Hon. Waiganjo that the HANSARD is an authoritative document particularly for ascertaining accuracy of law as passed among other proceedings, and to the courts of law when interpreting law. The name “HANSARD” has been used for two centuries. This was due to the fact that T.C. HANSARD was the first printer, and later the publisher of the official series of Parliamentary debates way back in 1803. The HANSARD - the Official Report as rightly put by Hon. Waiganjo, is the edited verbatim report of proceedings of Parliament. It is the traditional name of the transcripts of Parliamentary debates in Britain and many Commonwealth countries. To quote Erskine May, a Treatise on Parliamentary Practice (23 Edition, p. 260), HANSARD is “a full report, in the first person, of all speakers alike, a full report being The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}