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    "id": 661865,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/661865/?format=api",
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    "content": "are already. However, if you consider how many grants, licenses and transactions the Government allows for the exploitation of natural resources, it is likely that we will get a bit of work coming through by virtue of the operations of this Act. Nevertheless, within two months, Parliament must dispose of the matter. That is in Clause 8. In Clause 9, there are certain factors that Parliament must consider so that Parliament is not just arbitrary when approving or declining to approval because under Clause 7, Parliament might approve. If both Houses of Parliament approve, the transactions become valid automatically. If both Houses of Parliament disapprove, the transaction becomes null and void. If one House of Parliament approves and the other does not, the Bill proposes that the provisions on mediation in Articles 112 and 113 of the Constitution shall apply. In the ordinary course of the relationship between the two Houses, there will be mediation and the mediated decision will carry the day. If an approval is mediated, that will be the decision. If the mediation is to disapprove, then that transaction is null and void at that point. So, it shows how strong and powerful Parliament is going to be in terms of transactions, going forward. Mr. Temporary Speaker, Sir, I do not intent to speak for long because the Bill is even very short. Under Clause 9, the factors that Parliament will have to consider before making a decision on whether or not to approve, so that Parliament does not act arbitrary include the following; the applicable Government policy; the recommendations of relevant Government agencies on that matter; any comments that may be received from the county the natural resource is situated; adequacy of stakeholder participation before the licence was given or the grant was issued and the balance between the interests of the beneficiary of this grant and the interests of the local community in terms of the benefits that the local community is getting. Mr. Temporary Speaker, Sir, for a long time, we have had cases in this country where people and companies are given licenses to do mining or explore oil but with no obligations to the community and the country. Perhaps, there has been some revenue received in terms of royalties which we know are minimum. I am sure the new Mining law which this House passed a few weeks ago will upscale the value in terms of royalties that people doing mining and exploitation of natural resources are paying. Mr. Temporary Speaker, Sir, over and above, this Act requires the usual royalties. There must be some benefits for the local community. That will go a long way in resolving some of the long standing challenges and problems between investors and grantees of national licenses for natural resources and local communities. We know what is happening in Kwale regarding the mining of titanium by Tiomin. We know there has been a bit of push and pull with the local community demanding more than what the Canadian company that has the concession is giving. We have seen the push and pull in Lake Turkana area between the local community and Tullow, the British company that is exploring for oil in that area. We have seen the push and pull in many parts of this country where the local communities demand certain things to be done first in terms of local benefits, Corporate Social Responsibility (CSR) and infrastructure being developed as one of the benefits for the local community. So, this Act will go a long way in balancing the interests of the 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"
}