Processes are followed in passing Bills

Over the past two months, Parliament has passed Bills that are key in the economic and social sectors of the country.

These include the Mining and Minerals Bill, 2021; the Succession Bill and the Landlord and Tenant Bill.  This follows the passing of the Income Tax (Amendment), the East African Crude Oil Pipeline (Special Provisions) and the National Social Security Fund (Amendment) Bills last year. 

For the 11th Parliament to pass these Bills, and also have others being processed in the committees before the end of the first session, is commendable.

However, sections of the public including but not limited to the media, civil society and social media commentators have come out voicing concern over what they term as speedy passing of the Bills. This, in particular, came out when the House, chaired by Deputy Speaker Anita Among, sat until 11pm on February 18  to pass the Mining and Minerals Bill, 2021. 

It should be noted that the process of a Bill, in any legislature worldwide does not start and end on the very day the Bill is passed in the plenary sitting of the House. Prior to a Bill being presented for the First Reading, there are processes that the Executive goes through. The said Bill is published in The Uganda Gazette accompanied by an explanatory memorandum setting out the policy and principles of the Bill, the defects in the existing law, if any, the remedies proposed to deal with those defects, and the necessity for introduction of the Bill.

Upon completion, the said Bill is presented for First Reading by the line minister accompanied by a Certificate of Financial Implication from the Ministry of Finance.  This certificate indicates the estimates of revenue and expenditure over the period of not less than two years after the coming into effect of the Bill when passed.

The Speaker then refers the same Bill to the relevant committee for processing. According to Rule 129(2) of the Parliament’s Rules of Procedure, ‘The committee shall examine the Bill in detail and make all such inquiries in relation to it as the committee considers expedient or necessary and report to the House within 45 days from the date the Bill is referred to the committee’. During the 45 days, the committee interacts with different stakeholders who present their views on the Bill.  The public, through a mass media notice, is invited to present their views to the committee either in person or by sending a soft copy to the Clerk to Parliament. 

The sector ministers and other concerned persons also appear before the committee and present their views on the Bills. Members of Parliament who are not on the committee also present their comments.

For the Mining and Minerals Bill, the Committee on Natural Resources and Environment, chaired by Dr Emmanuel Otaala, interacted with the Ministry of Energy and Minerals Development and various departments and agencies. 

Upon completion of the committee process, the Bill is presented in the House for Seconding Reading by the original mover. The chairperson of the committee then presents the report on the Bill which is then followed by a debate on the merits and principles of the Bill.  

After debate, a question is put by the Speaker for Second Reading of the Bill and if the vote is carried, the bill is then processed clause by clause by the Committee of the whole House.  It is at this stage that the committee only debates the details of the Bill and not the principles. Amendments to the Bill are presented, debated, upheld or dropped at this stage. 

According to the Rules of Procedure, ‘the chairperson may accept for  consideration, minor amendments proposed on the  floor without notice and may refuse to propose the question upon any amendment of which less than  one day’s notice has been given’. Upon completion of this stage, the Bill is then presented for Third Reading and subsequent passing. 

However, in some circumstances, it should be noted that a member may move to re-commit a particular clause(s) of a Bill.  The passed Bill is then compiled with the amendments and sent to the President for assent.

Mr Charles Bukuwa is a senior information officer at Parliament of Uganda