Entry Instance

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{
    "id": 640163,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/640163/?format=api",
    "text_counter": 16,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "Hon. Senators, despite the express provisions of Article 110(3) of the Constitution and the pronouncement of the Supreme Court, the National Assembly has, on almost every occasion, failed to observe Article 110(3) of the Constitution. The upshot of all this, hon. Senators, is that Article 110(3) of the Constitution cannot be applied retrospectively; it must be conclusively observed before a Bill is introduced in either House of Parliament Hon. Senators, the second issue requiring my direction is the manner in which a House should proceed with a Bill in respect of which Article 110(3) of the Constitution was not complied with. In order to comprehensively address this issue, it is important that I set out various scenarios that have confronted the Senate with respect to the processing of Bills and the manner in which the Senate has and should proceed in each of the scenarios. The first scenario is where, in respect of a Bill originating in the Senate, the Speaker of the Senate, in terms of Article 110(3) of the Constitution seeks the concurrence of the Speaker of the National Assembly on the nature of the Bill and the Speaker of the National Assembly concurs with the Speaker of the Senate. In this case, the legislative process would proceed as anticipated in Part Four of Chapter Eight of the Constitution. The second scenario, which has also presented itself is where, in respect of a Bill originating in the Senate, the Speaker of the Senate, in terms of Article 110(3) of the Constitution, seeks the concurrence of the Speaker of the National Assembly on the nature of the Bill and the Speaker of the National Assembly fails to respond within a period of seven days as contemplated under Standing Order 118(4) of the Senate Standing Orders. Standing order 118(4) of the Senate Standing Orders provides that:- “Where, upon the expiry of seven days from the day of the communication under paragraph (1) or such further time as the Speaker of the Senate may in any particular case determine, no communication has been received from the Speaker of the National Assembly as to either concur or differ that the Bill is a Bill concerning counties and, if it is, whether it is a special or an ordinary Bill, the Speaker of the Senate shall The electronic version of the Senate Hansard Report is for information purposes"
}