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{
    "id": 560194,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/560194/?format=api",
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    "content": "(b) passing the Bill with amendments that do not fully accommodate the President’s reservations. To the extent that Standing Order 158(5) of the Senate Standing Orders provides for a “deeming” of approval of the President’s reservations upon laying of the Report on the table of the Senate, without consideration by the Senate, it does not accord with Article 115 of the Constitution and it must, therefore, yield to Article 115. I must hasten to add, however, that this finding extends only to Standing Order 158(5) of the Senate Standing Orders and not to the entire Standing Order 158. Accordingly, pursuant to Standing Order 1, I rule that if the Joint Committee fails to submit a report, or the report of the Joint Committee is to the effect that the Joint Committee has failed to agree to the President’s reservations, or where the Joint Committee fails to agree on a version of proposed amendments to the President’s reservations, the Senate shall consider a Motion to be moved by a Senator, who is a Member of the Joint Committee, “That the Senate approves the Bill fully accommodating the President’s reservations”. A Message communicating the resolution of the Senate on the Motion shall thereafter be sent to the National Assembly. In accordance with Article 115 of the Constitution, it should be noted that a Motion to approve the President’s reservations, fully accommodating the President’s reservations is approved if- (a) it is passed by a majority of the delegations in the Senate; or, (b) no amendment to it secures the affirmative vote of two-thirds of the delegations in the Senate; or, (c) the requisite majority of 24 delegations to pass it is not obtained when a vote is called. I wish to observe that the Message received from the National Assembly, apart from notifying the Senate of the receipt by Parliament of the Presidential Memorandum, as it should, appears to suggest that the National Assembly after receiving the Presidential Memorandum proceeded to consider the Memorandum and pass the Bill fully accommodating the President’s reservations. This appears to have proceeded in a manner otherwise than that contemplated under Standing Order 155 of the National Assembly Standing Orders, which is replicated as Standing Order 158 of the Senate Standing Orders. With tremendous respect to the other House, this failure to observe the provisions of the Standing Orders which apply to both Houses puts us in some difficulty. We, as a Legislature, it is imperative that we ensure compliance with the law and with our respective Standing Orders, more so where the Standing Orders provide for procedures governing Joint Committees. While the National Assembly is perfectly in order to determine for itself how it shall transact the business peculiarly in its own domain, no such prerogative can extend to a process which by the Standing Orders of both Houses requires Parliament, as an entity, to undertake a particular action or process. In this case, Standing Orders 158 and 155 of the Senate and the National Assembly, respectively, expressly require that both Houses appoint a Joint Committee to consider the Presidential Memorandum. I am unable to see how the National Assembly, 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."
}