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{
    "id": 620289,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/620289/?format=api",
    "text_counter": 13,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "Reading on 4th December 2014. The Bill is now, therefore, due for consideration in the Committee of the whole House. Hon. Members, the foregoing notwithstanding, my attention has been drawn to letters from the Cabinet Secretary for Defence and the Chairperson of the Departmental Committee on Defence and Foreign Relations dated 20th January 2016 and 11th March 2014, respectively, questioning the constitutionality of the Bill. Their contention is that the said Bill is a money Bill in terms of Article 114 of the Constitution in so far as it is proposes to establish a Government department headed by a Director-General, an advisory council and a military veterans appeals board. They further contend that the establishment, administration and operations of those bodies will inevitably occasion imposition of charges on a public fund and may offend the provisions of Article 132(4)(a) of the Constitution regarding the establishment of departments in the Executive. It is my considered view that the issues raised in this respect are, indeed, very fundamental and will determine how this House will proceed with the said Bill. Standing Order No.114(3)(a) states:- “Where the Speaker is of the opinion that a legislative proposal is a draft money Bill in terms of Article 114 of the Constitution, he may direct that the legislative proposal be referred to the Budget and Appropriations Committee and shall be proceeded with only in accordance with the recommendations of the Budget and Appropriations Committee after taking into account the views of the Cabinet Secretary responsible for finance and examining the manner in which the legislative proposal affects the current and future budgets”"
}