Processing of a Bill - National Assembly
Processing of a Bill - National Assembly
1
Legislative Proposal or Idea for a Bill
The Legislative proposal or idea for a Bill can come from several sources: Senators, Committees of the Senate, the Executive, professional organizations, lobbyists or individuals.
2
Sponsorship of a Bill
A Bill must have a Sponsor in order to be introduced in the
House. The Sponsor can either be a Senator or a Committee of the Senate.
3
Submission of a legislative proposal or Idea to the Speaker
The Sponsor (a Senator or a Committee) submits the idea for a Bill to the Speaker. The Speaker refers the legislative proposal to the Clerk for drafting by the Directorate of Legal Services.
4
The bill drafting process
The Legislative proposal is assigned to a legislative drafter who works closely with the Senator or Committee to develop a draft Bill. The draft Bill, duly signed by the Sponsor, is then forwarded by the Clerk to the Speaker (with comments on whether it affects or does not affect counties, is a money Bill and conforms to the Constitution and to the Law as to format and style). The Speaker then directs whether to proceed with the Bill or not.
5
Pre-publication scrutiny by the relevant Committee
Where the Sponsor of the Bill is a Senator, the Speaker refers the draft Bill to the relevant Committee for pre-publication scrutiny and comments. The Committee is required to submit its comments to the Speaker within fourteen days of receipt of the draft Bill.
6
Publication of a bill
Once the Speaker certifies that a draft Bill is ready for publication, the Bill is forwarded for publication in the Gazette. Once a Bill has been published, the Clerk shall avail a copy for each Senato
7
Concurrence of the Speaker of the National Assembly
Before the First Reading of a Bill, the Speaker of the Senate shall seek the concurrence of the Speaker of the National Assembly, that the Bill concerns Counties and if it does, whether it is a special or ordinary
Bill.
8
Publication period
A Bill may only be introduced in the Senate after a period of seven (7) days in the case of a County Allocation of Revenue Bill or a period of fourteen(14) days in the case of any other Bill beginning from the date of publication.
9
First reading
A Bill is read a first time by the Clerk, by the reading of the title of the Bill.
10
Committal to the relevant Committee and Public Participation
After the First Reading, the Bill automatically stands committed to the relevant Standing Committee. The Committee is required to facilitate public participation and to take into account the views of the public when it makes its report to the Senate. The committee is required to submit its report to the Senate within thirty (30) calendar days.
11
Second reading
This stage avails Senators the opportunity to debate the Bill and give their views
on the essence and principles of the Bill.
12
Committee of the whole
The Senate considers the Bill clause by clause. Any Senator, other than the Sponsor of the Bill, who wishes to move an amendment to the Bill, must give written notification of the amendment to the Clerk at least twenty four (24) hours before commencement of the sitting at which the amendment is to be considered.
13
Third reading
Once Committee of the whole on a Bill is concluded, the Bill is reported back to the Senate. On adoption of the report on the Bill, the Third Reading is taken. No amendments may be moved at this stage.
14
Concurrence of the National Assembly
When a Bill is passed by the Senate, a certified copy of the Bill is forwarded to the Clerk of the National Assembly together with a Message requesting concurrence of the Assembly. If the Assembly proposes amendments to the Bill, the amendments shall be circulated within seven (7) days of receipt of the amendments and shall be considered in the Committee of the Whole. The Senate may then pass the Bill (as amended) and forward it to the President for assent or reject the Bill as amended, in which case the Speaker refers it to the mediation committee.
15
Mediation Committee
Whenever the Senate does not agree to all or any of the amendments proposed by the National Assembly or rejects a Motion that a Bill which originated in the Assembly be read a second or third time, the Speakers of both Houses shall appoint a Mediation Committee, consisting of an equal number of Senators and Members of the National Assembly to develop a version of the Bill that both Houses will pass. If within thirty (30) days the mediation Committee fails to Agree on a suitable version of the Bill, the Bill will be deemed to be negatived. If the Committee agrees on a version that is passed by both Houses, the Bill is deemed to be passed.
16
Presidential Assent
Once a Bill originating in the Senate has been passed by both Houses, the Speaker refers the concluded Bill to the President for assent. The President is required within 14 days to either assent to the Bill or refer the Bill back to the Senate for reconsideration noting any reservations the President has. Parliament may either amend the Bill in light of the President's reservations or pass it a second time with or without amendments that do not fully accommodate the President's reservations.
17
Publication of the law
Once a Bill has been assented to, the Bill is published as an Act of Parliament within seven (7) days after assent. An Act of Parliament comes into force on the 14th day after its publication in the Gazette unless the Act provides for a different date or time.