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{
    "id": 661903,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/661903/?format=api",
    "text_counter": 286,
    "type": "other",
    "speaker_name": "",
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    "speaker": null,
    "content": "research, it is important that there is a flow that has to move from one entity to another. That flow is done without any complications. Madam Temporary Speaker, we have a material transfer agreement which is not a permit. It is an agreement that exists in various institutions for the transfer of materials from one institution to another. That is already governed. That is why in the Schedule, at resource No.11, on grant of a permit to conduct free trials of Genetically Modified Organisms (GMOs); these provisions have already been covered by the Materials Transfer Agreement. This is what Sen. M. Kajwang was speaking to. We need to look through the classes of transactions as they have been put and as we continue to debate, look at the implication of other acts that are already in place; governing the processing for these specific areas, for instance genetic material and resources. We also have the Biodiversity Act, No.2 of 2009. To a large extent, it also talks about the material transfer. Madam Temporary Speaker, as we consider whether we need to have a look at those specific categories for ratification, when we move on to the various clauses especially part 3 on Submission of Agreements to Parliament, I think this is very critical. The timing is given there, the sort of agreement that needs to be put into place is also discussed and that the transaction will have the Cabinet Secretary (CS) responsible for natural resources who is also subject of the transaction as being the person to whom the submission of the agreement should be made. At clause 6, more responsibility is given to the CS responsible for the natural resources who shall submit an agreement memorandum to Parliament for ratification, in terms of Article 71 of the Constitution. Therefore, during the process, a lot of homework will need to be done, in terms of background, especially by the Ministry, so that as they progress to give the transactions to Parliament for consideration for ratification, those submissions and agreements have been thoroughly assessed. Clause 9 states that:- “The following shall be relevant considerations in deciding whether or not to ratify an agreement.” These are very key because they give the relevant considerations on the transactions subject to ratification. Recommendations of the relevant regulatory authority will have to be sought, comments received from the county government are also an important process as those decisions are made. I had already alluded to Clause 10, which is very clear about the procedure in case of different resolutions, because this can be a potential source of conflict between the two Houses, and that has been well addressed. Where one House of Parliament resolves to ratify the transaction but the other resolves not to, then automatically, even before that, we should have already gone through the provision of ensuring that the process is in the right House but the mechanism for Article 102 and 113 will be relevant and these are supported by the Standing Orders. In situations where the National Assembly says this is due for ratification but the Senate says the opposite, then, obviously, we need to go into mediation to ensure that we have a form of the Bill that is acceptable to both Houses and that provision has been put into place. 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"
}