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    "id": 601488,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/601488/?format=api",
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    "content": "realisation of economic and social rights set out under the Constitution and also to establish a framework for cooperation between national and county governments on the fulfillment of their respective obligations with regard to the realisation of economic and social rights. The proposed Section 3(f) and (g) of the Bill intends to cure a certain vacuum. If you look at the issue of health, the Ministry of Health decided to buy equipment without necessarily referring to county governments. We intend to cure this defect by ensuring that we provide the framework for conditional grants and cooperation between the two levels of Government. That way, we will ensure that we resource some of the areas of social and economic rights through a framework that does not offend the various provisions of the Constitution. Therefore, it allows the Minister and county governors to consult, create a framework and provide resources towards the fulfillment of some of these rights. So, whereas a function is devolved, there is an obligation for that function to be executed in line with the Constitution. Where there is a vacuum in the execution of those functions, I believe this Bill will cure it by providing a framework through regulation that will ensure that both national and county governments cooperate in the fulfillment of some of these obligations inherent in them. Mr. Deputy Speaker, Sir, this Bill tries to attack the very architecture of our public finance. You cannot deliver on matters of economic and social rights until you alter the structure of your public finance management, not in terms of the actuals but the philosophy of public finance. Therefore, we sought to amend the Public Finance Management Act through this Bill as envisaged in Section 26. This amendment intends to add a section that compels national and county governments at the very conceptualization of their budgets, which the National Treasury under the Constitution, shall be expected to formulate and advice on financial and economic measures generally, to facilitate the fulfillment of economic and social rights set out in Article 43 of the Constitution. Mr. Deputy Speaker, Sir, in addition to the roles and the general responsibilities of the National Treasury which are stipulated in Section 12 of the Public Finance Management Act, the National Treasury will be under obligation to formulate and advise on the financial and economic measures generally, to facilitate the fulfillment of economic and social rights set out under Article 43 of the Constitution. This Bill again, intends to amend Section 187 of the Public Finance Management Act in terms of establishment, purpose and composition of the Inter-Governmental Budget and Economic Council (IBEC). Under Article 187(2), to be amended to insert; “IBEC shall facilitate the achievement of Article 43 of this Constitution.” We are infusing the whole idea of economic and social rights at the micro and macro levels of Government planning. Therefore, you are setting a new value system that the Constitution compels the realisation of these rights. As the National Treasury conceptualises its budget, it must put into focus and its mind issues around economic and social rights. As the IBEC thinks about revenue allocation and other matters incidental to the responsibilities of IBEC, then it must also conceptualise how it can facilitate the achievement of Article 43 of the Constitution. 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."
}