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{
    "id": 605009,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/605009/?format=api",
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    "content": "most Cabinet Secretaries in this country, and when they make their regulations we always invite them to make presentations before us, as we scrutinize and raise the issues that have been raised by our technical team and the stakeholders. In most cases, I appreciate that within the transport sector, we have scrutinized a lot of regulations, raised a number of concerns and pointed out inconsistencies with the parent law and the Constitution. As provided for under the Statutory Instruments Act, Section 16, on discussions with the various Cabinet Secretaries, we have addressed some of those issues and they have had to go back and regazette those regulations, amend them and ensure that they are in tandem with the Constitution and the parent Act. Mr. Temporary Speaker, Sir, I want to express the Committee’s frustration that when we invited the Cabinet Secretary in charge of Health. We wrote to him that we had certain concerns on these regulations that needed to be addressed. A number of those concerns raised constitutional issues and inconsistencies with regard to the provision of the regulations as compared to vis- a-vis the provisions of the Tobacco Control Act. When we invited the Cabinet Sectretary, the response that we got from him is that, he was not going to appear before us because the matter was sub judice; that there was a matter in court relating to the same regulations. When the same Ministry appeared before court on the same suit, they indicated that they were awaiting parliamentary decision on these regulations. Therefore, you are left wondering why a Cabinet Secretary in this Republic would want to play around with the mandate of the Senate and the jurisdiction of the courts. While in court, they said that are awaiting the decision of Parliament, yet when they are invited by Parliament, they say that they are awaiting the decision of the courts. Therefore, we, as Committee, had no choice, but to recommend that certain provisions that the Cabinet Secretary was unable to come clarify and discuss with us, were going to be annulled. Those are the issues that we are proposing that when we get to the Committee of the Whole stage, we will flag out a number of those regulations. Mr. Temporary Speaker, Sir, I also want to make it clear; that the provisions of the Tobacco Control Act, the Statutory Instruments Act and the Constitution on public and stakeholders’ participation is critical. They should be implemented in accordance with the law to the satisfaction that there was a public stake holder’s consultation. Calling one or two meetings and sharing your position as a ministry or a regulation making authority, with the various stakeholders, with no opportunity for us to make input does not suffice as stakeholders consultations. We urge the various Cabinet Secretaries that when these responsibilities are bestowed on them, they should appreciate the new constitutional dispensation that requires all these issues be subjected to some stakeholder’s consultations. I also want to make it clear to the members of the tobacco industry that it is important from them to work with the Government in ensuring that these issues are addressed. When there was serious public discourse on the various provisions of the tobacco regulations, we invited some of the stakeholders within the sector and they made valid contributions on issues that needed to be considered. We were hoping that by inviting the Cabinet Secretary, we would sit down, go through the regulations and concerns that we raised as a committee by the various stakeholders and have clarity and 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."
}