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"content": "Having said that, allow me to examine our Standing Orders in determining how dissent is recorded in reports. Standing Order No.199(5) on reports of the committees provide that a report, having been adopted by a majority of members, a minority or dissenting report may be appended to the report by any member of the committee. A close reading of this provision indicates that a Member seeking to dissent or protest adoption of a report needs to make clear dissenting views which should be on record in terms of a minority report being appended to the majority report. Hon. Members, this is also the practice in comparable jurisdictions. Indeed, referring to Erskine May on Parliamentary Practice, 24th Edition, on the issue of minority reports, it reads:- “If a member disagrees to certain paragraphs in the report, or to the entire report, he can record his dissent by dividing the committee against those paragraphs, or against the entire report as appropriate. Members can put on record their observations and conclusions, as opposed to those of the majority, by proposing an alternative draft or minority report---” Further, referring to Mason’s Manual of Legislative Procedure, the minority members of a committee may collectively or individually present views with the committee report. A member of a committee who does not agree with the report may be permitted to state his views following the filing of the committee report. Hon. Members, as seen from our Standing Orders and other comparable jurisdictions, it is, indeed, clear that a Member who does not agree with a report ought to have his or her dissenting views recorded and as provided for in our Standing Orders, the protest should be in form of a minority report. Hon. Benjamin Jomo Washiali, as a Member of the Committee, therefore, ought to have had his dissenting views recorded or a minority report appended to the majority Report which is before this House. Had the Member done this, he would have been at liberty to move the House to delete the majority report so that only his minority report or views would be adopted by the House in the end. 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."
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