On Thursday, June 20, the National Assembly voted 204 to 115 to approve the contentious Finance Bill, 2024 after debate.
The vote which was put after the MPs concluded the debate on the Bill is technically known as the Second Reading.
LAW-MAKING STAGE
This means that the Bill moved to the committee stage where MPs will have an opportunity to look at every clause, and can amend or retain it the way it is.
This is known as the law-making stage where the House converts itself into a committee to consider the Bill in what is technically called Committee of the Whole.
According to the guidelines provided by the National Assembly Speaker Moses Wetang’ula, the Committee of the whole will take place on Tuesday, June 25.
This will happen when the House sits in the afternoon.
Members with amendments were given until Thursday, June 20 at 1 pm to submit them to the Clerk for approval.
The Standing Orders require that the amendments be filed at least twenty-four hours before the commencement of the sitting at which the part of the Bill is to be considered in the Committee.
This is to afford sufficient time for processing and approval by the Speaker for consideration of the amendments in the Committee of the Whole House Committee Stage
COMMITTEE OF THE WHOLE HOUSE
This refers to an arrangement in which the Plenary converts itself into a Committee that is comprised of the whole membership (349 members) of the Assembly.
The Committee of the Whole House considers the Bill in detail clause-by-clause which includes the title, preamble and schedules contained in the Bill.
The Committee is chaired by the Deputy Speaker or any member of the Chairpersons' Panel, previously known as the Speaker's Panel.
Where amendments are proposed to any part of the Bill, the Committee considers the amendment and takes a vote on each of them.
If the amendment is passed, it becomes part of the Bill.
After consideration of the Bill at the Committee of the Whole House stage, the Sponsor of the Bill moves a Motion seeking that the Chairperson report the consideration of the Bill to the House.
At this stage, the Bill would be different from the original one if amendments had been approved during the Committee of the Whole.
The Committee of the Whole cannot adjourn a sitting of the House or adjourn its consideration of a Bill to a future sitting unless the Committee reports to the House its conclusive consideration of a Bill.
Alternatively, the committee can report progress made in consideration of a Bill committed to it.
Adjournment is a preserve of the House sitting in plenary.
THIRD READING
The final stage of the passage of a Bill through the House is the Third Reading. No further substantive amendments are taken up at this stage.
Generally, there is very little debate during the third reading, and a final vote is taken either by acclamation or electronic.
During the Second Reading of the Finance Bill, MPs decided to vote by acclamation.
If the Bill does not concern county governments, the Speaker refers it to the President for assent.
If the Bill concerns county governments, it is referred to the Senate for concurrence.
In the case of the Finance Bill, 2024, the speaker shall convey it to the President for assent once approved at the Third Reading.
PRESIDENT'S ASSENT
Once a Bill has been passed by the House, the Speaker, upon certification of the passed Bill, presents it for assent by the President.
The president may within fourteen days after receiving the Bill;
(a) Assent to the Bill, in which case it becomes law as an Act of Parliament and comes into effect within fourteen days or on the date or period specified in the Act
(b) Refer the Bill back to the House with a memorandum outlining reasons for the referral.
Referral of a Bill back to the National Assembly If the President refers a Bill back to the National Assembly or Senate.
The Speaker conveys this referral to the House by way of a Message and refers to the President's Memorandum containing the recommended amendments to the relevant select committee for consideration.
The committee considers the recommended amendments and submits a report to the House on them.
The House re-considers the Bill whilst confining itself to the clauses to which the President has expressed reservations, and either:
a) passes the Bill fully accommodating the President's reservation, following which the Speaker re-submits the Bill to the President for assent.
b) passes the Bill a second time without amendments
c) passes the Bill with amendments that do not accommodate the President's reservations.
For the National Assembly or Senate to override the President's reservations, the House vetoes the proposed amendments by a vote supported by at least 233 Members.
This constitutes two-thirds of the National Assembly membership.
Thereafter, the Speaker re-submits the Bill for assent within seven days and the President is required to assent to it within seven days.