Bill to control alcohol staggers into brick wall

“The Committee, therefore, recommends that this August House should not proceed on the motion for second reading of the Alcoholic Drinks (Control) Bill, 2023,” Ms Nayebare told plenary.

She explained that the committee received substantial proposed amendments from stakeholders that, if implemented, would have significant economic implications and fundamentally alter the Bill’s nature.

She added: “This being a Private Member’s Bill, the committee is constrained to consider the proposed amendments that have an effect of imposing a financial charge on the Consolidated Fund.”

During the presentation of the majority report, Ms Opendi attempted to advocate for specific alternatives suggested, but this effort was unsuccessful. 

Deputy Speaker Thomas Tayebwa ruled that such alternatives could only be discussed during the debate if the Bill progressed.

Following Ms Nayebare’s submission, Mr Christopher Komakech presented a minority report in which he rallied colleagues to accommodate debate on the Bill.

“We contend that the Bill is sufficient to regulate the alcohol sector and only requires a few amendments as is usually the case for most Bills that are considered in this August House, for it to have effective implementation,” Mr Komakech said.

He added: “Our conclusion is that the Alcoholic Drinks (Control) Bill, 2023 is a necessary Bill, which if enacted into law will go a long way in resolving the challenges that exist in the alcohol sector, and, we recommend that the Alcoholic Drinks (Control) Bill, 2023 be read the second time, and do pass with proposed amendments.”

As the House prepared to dive into the debate on the Bill, the Attorney General, Mr Kiryowa Kiwanuka, argued that existing laws already regulate the matters addressed in the Bill, except for the timing of alcohol sales, which could be managed through licensing laws.

“Colleagues, there is nothing in this Bill which is not regulated by an existing law except the time; which also can be managed through licensing. We have licensing laws which manage the use of premises in different places,” Mr Kiryowa said.

He added: “So I strongly advise that and pray that in order to avoid causing regulatory confusion, we wholly reject this Bill and then the good ideas that we have picked from this Bill here, we can find the necessary laws where there are supposed to be input.”

In a final appeal for clarity, Erute South legislator Jonathan Odur requested a definitive ruling from the deputy speaker on how to proceed.

“My understanding is that before we proceed, a matter of law has been raised before you [then the House] cannot proceed unless you the Speaker has determined,” Mr Odur said.

He added: “What is required from you is to make a pronouncement whether in your opinion, you think that by ruling there is charge on the consolidated fund?”

In his concluding remarks, Deputy Speaker Tayebwa acknowledged his limitations in making the decision unilaterally, expressing his desire for a collective resolution.

He said: “I try to be as accommodative as possible and liberal because I know where the law commands. My hands are tied and I am constrained. So I don’t want to make this decision alone. I want it to be our decision. I don’t want it to be my opinion alone.”

Stakeholders say

Ms Jackie Tahakanizibwa, the Uganda Alcohol Industry Association chairperson, welcomed the decision by Parliament. 

“We appreciate the members for taking that plausible decision because there was a lot that was missing, and we are glad that our recommendations have been captured. The Bill had many gaps, especially regarding economic implications, personal freedoms, and enforcement mechanisms, which needed to be addressed,”she said.