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{
    "id": 884706,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/884706/?format=api",
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    "type": "speech",
    "speaker_name": "Hon. Speaker",
    "speaker_title": "",
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    "content": "affording all concerned parties an opportunity to be heard, is of the view that the queries raised by the Auditor General have not been explained to its satisfaction, it recommends to the House appropriate remedial measures in accordance with the law. Hon. Members, Standing Order 197 limits the deliberations of a committee of the House to only the matters falling under its mandate, unless the mandate is extended by a resolution of the House. The Standing Order provides, and I quote: “(1) The deliberations of a select committee shall be confined to the mandate of the committee and any extension or limitation of that mandate as may be directed by the Assembly and, in the case of a select committee on a Bill, to the Bill committed to it and relevant amendments. (2) In the exercise of its functions, a select committee may not consider any matter that is not contemplated within the mandate of the National Assembly under the Constitution.” The import of Standing Order 197 is not to curtail the deliberation of any matters of concern noted by a committee. The essence of this rule is to prevent a committee from misdirecting its efforts to the detriment of its core work. In relation to the work of PAC, consideration of the day-to-day administration of public bodies would clearly be a misdirection of effort. The key test in determining whether the findings and recommendations of the Committee in the instant case fall within the mandate of the Committee would be the extent to which they address or seek to address any unresolved audit queries raised by the Office of the Attorney-General in accordance with the law. In this regard, and addressing myself to the point raised by the Leader of the Majority Party, a finding or recommendation by PAC in the Report tabled before the House which expressly falls outside the mandate of the Committee would be inadmissible. This dispenses with the first issue. Hon. Members, in prosecuting his point of order, the Leader of the Majority Party, while urging the Chair to determine the admissibility of the recommendations of the Motion on the Report before the House could proceed to debate it, did refer to the provisions of Standing Order No.47(3). The Standing Order provides, and I quote: “(3) If the Speaker is of the opinion that any proposed Motion– (a) is one which infringes, or the debate on which is likely to infringe, any of these Standing Orders; (b) is contrary to the Constitution or an Act of Parliament, with out expressly proposing appropriate amendment to the Constitution or the Act of Parliament; (c) is too long; (d) is framed in terms which are inconsistent with the dignity of the House; (e) contains or implies allegations which the Speaker is not satisfied that the Mover can substantiate; or (f) calls for the commitment of public funds for which no provision is made in the Annual Estimates as adopted by the National Assembly, the Speaker may direct either that, the Motion is inadmissible, or that notice of it cannot be given without such alteration as the Speaker may approve or that the motion be referred to the relevant committee of the Assembly, pursuant to Article 114(2) of the Constitution.” Hon. Members, ideally, therefore, before any business comes to the House, it is approved by the Speaker on the basis of its constitutionality, among the other criteria for admissibility. The electronic version of the Official Hansard Report is for information purposes only. Acertified version of this Report can be obtained from the Hansard Editor."
}