RE: NOTICE OF MOTION FOR LEAVE OF PARLIAMENT TO INTRODUCE A PRIVATE MEMBERS BILL TO AMEND ADMINISTRATION OF PARLIAMENT ACT 2006 - BY HON OGUZU LEE DENIS, MP MARACHA CONSTITUENCY.

27th August, 2024                                                                               

Rt. Hon. Speaker of Parliament,

Hon. Minister of Finance, Planning & Economic Development

Hon. Attorney General,

The Clerk to Parliament,

*RE: NOTICE OF MOTION FOR LEAVE OF PARLIAMENT TO INTRODUCE A PRIVATE MEMBERS BILL TO AMEND ADMINISTRATION OF PARLIAMENT ACT 2006*

Rt. Hon. Speaker, Pursuant to article 79 and 94 (4) (b) of the Constitution which give Parliament the mandate to make laws and guarantee the right to move a Private Member's Bill, in accordance with rules 56, 121 and 122 of Rules of Procedure of Parliament, I give notice of a motion to seek of leave of Parliament to introduce a private Member's Bill titled: Administration of Parliament (Amendment) Bill, 2024.

EXPLANATORY MEMORANDUM

*Policy and Principles of the Bill*

To make the Parliamentary Commission transparent and accountable to key stakeholders and to the people of Uganda, ensure effective and efficient administration of parliament including utilization of resources, and to align the Act with other relevant laws such as Public Procurement and Disposal Act, Public Finance Management Act 2015 and Rules of Procedure so that budget preparation, approval and execution fits in the Budget Transparency and Accountability Framework.

Defects or issues in existing law and remedies proposed

There is no mandate to advertise jobs and establish procurement/ tender boards and give public notice of disposal of assets and purchases. This leaves room for backdoor recruitments and concealed procurements and disposal of assets. Lack of or inadequate involvement of MPs as key stakeholders in work planning and budget processes as required by Public Finance Management Act 2025 makes policy formulation and oversight roles difficult to execute. Accusations of wasteful expenditure by the public, backdoor recruitment and misappropriation of resources have been common and these are enabled by the current law. The Prime Minister and Leader of Opposition have often complained about lack of notices or invitation to meetings of the Commission yet their input is critical in decisions of the Commission but the law doesn't guarantee their participation. The current law conflicts with other laws and does not promote compliance with Rules of Procedure, PFMA, Public Procurement and Disposal Act and laws relating to Climate Change integration. 

The proposed Bill seeks to amend sections of the Administration of Parliament Act and cure problems of lack of adherence to recruitment plans, concealed procurements and disposal of assets, lack of or inadequate involvement of MPs as key stakeholders in work planning and budget processes as required by Public Finance Management Act 2025, address accusations of wasteful expenditure, backdoor recruitment, and to ensure Government and Opposition input in decisions of the Commission, and to promote compliance with Rules of Procedure, PFMA, Public Procurement and Disposal Act and laws relating to Climate law.

Below are the specific defects or issues with sections of the existing law and proposed amendments.

Issue with S.3: Act currently provides for 5-year tenure for Commissioners while Rules of Procedure of Parliament provide for 2 and half year tenure with eligibility for re-election. There is a need for alignment of tenure.

Proposal: To amend S.3 by reducing Commissioner’s 5-year tenure to 2 and half years to make it consistent with rule 11 (6) which provides for a tenure of 2 and half years and eligibility to reelection.

Issue with S.6: Parliament work plans, budget estimates are prepared, processed and submitted to the President without budget conferences and input from various stakeholders as required by PFMA. There is a need to mandate the Commission to prepare a work plan of the Parliamentary Commission in consultations with stakeholders as provided in PFMA.

Proposal: Amend S.6(f) to make it mandatory for the Parliamentary Commission to involve MPs as stakeholders in preparation of policy statements, revenue and expenditure estimates of the Commission prior to submission of the estimates to the President or Ministry of Finance, Planning and Economic Development.

Issue with S.6(g) Allowances and privileges and welfare of Speaker, Deputy and MPs are determined and submitted in the Annual Budget to the President for inclusion in the Appropriation Bill without prior input of Parliament.

Proposal: Amend S.6(g) to provide for mandatory prior involvement of Parliament in determination/approval of allowances, privileges and welfare of Speaker, Deputy and MPs through a resolution of Parliament.

Issue with S.8: Sometimes Commission meetings are held without critical government and opposition input. Prime Minister and Leader of Opposition both leaders of Business in the House have complained of certain key decisions being arrived at without their knowledge or involvement.

Proposal: Amend S.8 by mandating the involvement and the presence of Leader of Government and Leader of Opposition in any of the meetings of the Commission to ensure representation of the various shades of political opinion. This can also be achieved through delegation.

Issue with S.12: As of now, S.12 of the Act mandatorily obliges the Commission to take action on any recommendation of the Speaker irrespective of whether such recommendations offend the law.

Proposal: Amend S.12 to allow the Commission to only take action on lawful recommendations of the Speaker.

Issue with S.15: Currently there is no legal requirement or mandate for all job opportunities to be published in media of wide circulation and as a result, recruitments sometimes occur without advertisement in media of wide circulation thus discriminating other Ugandans from participating in affairs of their government.

Proposal: To amend s.15 (1) to make it mandatory for the Parliamentary Commission to advertise job opportunities in media of wide circulation.

Issue with S.19(1): There is no political goodwill and provision in the Act for stakeholder participation as required by Public Finance Management Act 2015 in budget preparation. Many times MPs do not know what is in the Budget and get to know of planned activities in the budget after budget approval. During approval, there is often omnibus approval which denies MPs opportunity to examine and analyse the budget. In the absence of policy statements and budget information laid or on record of Parliament or accessible to MPS as required by the Rules, oftentimes approval process is not well informed thus leading to wasteful expenditure in public eyes.

Proposal: To amend 19 (1) to provide for involvement of MPs, staff and other stakeholders in preparation of the Budget before submission to the President.

Issue with S.22: Currently, the Act only provides for travel procedures and for purchases. Since the budget of the Parliamentary Commission has expanded to Social Corporate Responsibility, donation, etc there is need to provide for procedures of accessing and management of resources so that potential for abuse is minimized.

Proposal: To amend S.22 to provide for establishment procedures and criteria for accessibility, administration and management of resources for donation and Corporate Social Responsibility.

Issue with S.23: Under the current law, there is no mandate for a Procurement Committee or Tender board yet PPDA requires a transparent public procurement and disposal process. Proposed amendment is to make Parliament compliant with PPDA and to institutionalize any such currently available committee.

Proposal: To amend s.23 by mandating establishment of procurement and disposal committee or tender board.

Issue with S.25 and 26: Under the current law, Commissioners can create, merge and abolish departments of Parliament without input from any stakeholder. This concentration of power is too much power in the hands of a few individuals. It also limits the unlimited and supreme authority of the people protected by article 1 of the Constitution.

Proposal: Amend s.25 and 26 to provide for Parliamentary approval through a resolution before creation, merger and abolition of any department.

Issue with S.32: Under this, Commissioners determine their allowance without prior input from stakeholders such as MPs yet they’re expected to implement their own decisions which amounts to conflict of interest. There is a need for checks and balances in this process.

Proposal: To amend s.32 to mandate prior approval of allowances of Commissioners before seeking President’s consent

New Clauses

Currently the leadership of Parliamentary Sports Club is appointed by the Speaker thus taking away members' rights to elect leaders of their choice.

Proposal: Introduce Clause new clause 33 to provide for constitution and election leadership of the Parliamentary Sports Club and various sports disciplines, functions of Executive of the Parliamentary Sports Club.

By this letter, the office of Clerk to Parliament pursuant to Article 94(4)(c) is requested to offer me necessary support in drafting and publication of the proposed Bill in the gazette once leave is granted.

By this communication, pursuant to article 93 and rule 124 of Rules of Procedure, the Minister of Finance, Planning & Economic Development is requested to give me a Certificate of Financial Implication to facilitate processing of the Bill. My anticipation is that the Bill will not introduce additional financial burden on the government but instead, will save public resources from abuse and wasteful and reinforce regulations relating to financial management.

By letter, the office of Attorney General pursuant to Article 94 (4) (is requested to give me necessary professional assistance in processing the Bill. 

Oguzu Lee Denis (MP)

 

Cc: Deputy Speaker

Cc: Rt. Hon. Prime Minister

Cc: Leader of Opposition

Cc: Chairperson, Committee on Legal and Parliamentary Affairs

Cc: Hon. Members of Parliament.