14 Nov 2019 in National Assembly:
Hon. Speaker, this House should not be engaged in committing illegalities. The Constitution is quite clear especially on the Judiciary. It is Article 173 of the Constitution. Once the Chief Registrar presents estimates to this House and this House approves those estimates, the funds so approved are moved from the Consolidated Fund to the Judiciary Fund. Once that is done, those funds are not available for cuts. The funds are already moved. The only thing this House can do is to enhance the allocation, not to cut it. This morning, as the presentations were being made to us, we were ...
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14 Nov 2019 in National Assembly:
Thank you, Hon. Temporary Deputy Speaker. I beg to move: THAT, this House adopts the Report of the Committee on Delegated Legislation on its consideration of the Private Security (General) Regulations, 2019 (Legal Notice No. 108 of 2019), laid on the Table of the House on Wednesday, November 06, 2019, and pursuant to the provisions of Section 18 of the Statutory Instruments Act, 2013 and Standing Order 210(4) (b) annuls in entirety the said Regulations. The Committee on Delegated Legislation is established pursuant to Standing Order No. 210 and it has its functions set out thereunder. It is important to ...
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14 Nov 2019 in National Assembly:
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.
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14 Nov 2019 in National Assembly:
communications are made directly. So, this House only comes to hear of reports where finance and tax matters are involved. The Private Security (General) Regulations were made pursuant to various sections of the main Act. The regulations that were to be established are anchored in that Act. The regulations had various functions or objectives including, providing procedure for appointment of members of the Private Security Regulatory Authority. It also provides procedure, requirements and statutory forms for registration amongst other objectives that are set out in the Report of the Committee. We have a total of 13 objectives. The Committee considered ...
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14 Nov 2019 in National Assembly:
1. The Committee was extremely concerned that contrary to Articles 10 and 118 of the Constitution, as read together with Sections 5 and 5A of the Statutory Instruments Act, there was inadequate public participation. Public participation is vital. Where it lacks, this Committee is not left with any other option, but to annul the regulations.
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14 Nov 2019 in National Assembly:
2. Contrary to section 13 (a) of the Statutory Instruments Act, the power to make regulations has not been properly invoked when making these regulations. Examples are: (i) Pursuant to Article 259(11) of the Constitution, where power conferred on a person is exercisable only on the advice of that person, not any other person. It cannot be moved in any other way without the relevant advice that has to be taken as provided by the law. (ii) Section 45(2) requires consultation with the Inspector-General and the Authority. Unfortunately, we were not able to find any backing regarding that consultation in ...
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14 Nov 2019 in National Assembly:
3. What was of great concern to the Committee was use of firearms. This is provided by Section 13(c) of the Statutory Instruments Act, which requires the Committee to consider whether the Regulations contain a matter which, in the opinion of the Committee, should be properly dealt with by a different Act of Parliament.
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14 Nov 2019 in National Assembly:
In considering Regulation 25(5), Members were of the opinion that the exercise of the powers of a police officer implies the use of firearms by private security providers when
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14 Nov 2019 in National Assembly:
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.
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14 Nov 2019 in National Assembly:
working under the command of a police officer. There is a provision with regulations to the effect that when a private security officer is working, he is collaborating with the police; he will take all orders and carry out instructions of a police officer to the latter without question. The concern here was that when it came to the use of firearms by private security personnel, which is not provided for under any other law, apart from these regulations, it was ultra vires and it offended several main statutes.
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