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{
    "id": 829099,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/829099/?format=api",
    "text_counter": 168,
    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
    "speaker": null,
    "content": "I, therefore direct that when the House resolves to Committee of the whole House, the Committee will proceed as though the amendments proposed to the three statutes were not part of the Bill. As for the request relating to the Pharmacy and Poisons Act (Cap. 244), I am constrained by our parliamentary practice which requires that the withdrawal of proposed amendments to a specific statute in an omnibus Bill ought to affect the entire statute as contained in the Bill as opposed to part of it. In this regard, I am not able to allow the part withdrawal of the proposed amendment to the Pharmacy and Poisons Act (Cap. 244) as requested. Indeed, doing so would be unconventional and would convolute the procedure in the Committee of the whole House. Hon. Members, in mitigation, my advice with regard to the amendments on the Pharmacy and Poisons Act Cap. 244 is that the sponsor of the Bill or the relevant Committee may move that the Committee of the whole House deletes the specific provisions of the Bill at the Committee stage. As a matter of fact, I recall approving proposed amendments in the name of the Committee’s Chairperson whose passage by the Committee of the whole House would have the same effect. Alternatively, the sponsor of the Bill or any other Member may move that the Committee of the whole House negatives the specific clauses should the Chairperson of the Departmental Committee fail to move the amendments. Secondly, from the Order Paper, you may note that there are six other Members proposing to make amendments to the Health Laws (Amendment) Bill, 2018. I wish to notify the House that I have declined to approve amendments proposed by Nominated Member, Hon. Godfrey Osotsi. The amendments proposed by the Member were seeking the House to amend the Health Act of 2017 to, inter alia, establish a Health Disputes Tribunal, provide for remuneration of the tribunal as well as defining the jurisdiction of the tribunal. Hon. Members, you will agree with me that the proposed amendments sound quite noble and would go a long way in improving service delivery in the health sector, while providing a mechanism for the resolution of disputes. However, I must stay true to our Standing Orders, specifically Standing Order No. 133(5). For clarity, the Standing Order states as follows and I quote: “No amendment shall be permitted to be moved if the amendment deals with a different subject or proposes to unreasonably or unduly expand the subject of the Bill, or is not appropriate or is not in logical sequence to the subject matter of the Bill.” Hon. Members, you will notice that the Bill as published is proposing to amend 13 pieces of statutes. The Health Act, 2017 which the Nominated Member wishes to amend is not one of those statutes. This will directly offend the above provisions of the Standing Orders by expanding the scope of the Bill. Invariably also, by creating a body corporate with attendant remuneration for the office holders, the proposal falls within the matters defined in the Constitution as “money Bills” which requires me to invoke the provisions of Article 114 of the Constitution. The said Article provides that the House may proceed only as recommended by the relevant Committee having consulted the Cabinet Secretary for the National Treasury. It is for this reason that I have declined to approve the amendments proposed by Hon. Osotsi. The Member should, therefore, not get disheartened. He should indeed proceed to introduce a legislative proposal as envisaged under Standing Order No.114. The House and the Committee of the whole House are accordingly guided. I thank you, Hon. Members. Next Order."
}