Government Withholds National Content Bill Pending Local Content Policy and Regulations

By Mama A. Touray

The Government of The Gambia, through the Minister of Trade, Regional Integration and Employment, Mod K. Ceesay, has put the National Content Bill on hold to allow for the development of a Local Content Policy and regulations alongside the proposed legislation.

Minister Ceesay made the disclosure while responding to oral questions raised by National Assembly Members in accordance with Order 41 of the National Assembly’s Standing Orders.

The questions sought clarification on key government policies, development projects, programmes and other sectoral issues.

Responding to Hon. Kebba Jallow, the National Assembly Member for Jarra Central Constituency, on the status of the Local Content Bill, Ceesay said, “A private sector led National Content Bill is drafted but put on hold to allow development of a Local Content Policy and Regulation which will provide a more comprehensive direction and scope for the local content Bill operationalization”.

He added that the instruments, when completed, would be submitted to Cabinet for consideration and subsequently to the National Assembly for ratification or approval.

Ceesay explained that the Ministry, in collaboration with its partners, had drafted and submitted the National Content Bill, also referred to as the Local Content Bill, to Cabinet. Following deliberations, Cabinet advised the Ministry to develop a policy and regulations for implementing the proposed legislation.

Explaining why the bill was withheld, Ceesay said the decision was intended to ensure that implementation could begin immediately once the bill and accompanying regulations were approved.

“Executive redirected that we have the policy right away as well as the regulation to kick start the implementation once the bill is passed,” he added.

However, the National Assembly Member for Kiang West Constituency, Hon. Lamin Ceesay, questioned the decision to draft regulations before Parliament had approved the proposed bill.

“Some of the clauses of the bill will spell out how you draft the regulation, what the regulations should contain, your role as far as regulation is concern so how do you craft a regulation alongside the bill when the bill is not even presented to the parliament yet?” he asked.

He argued that the outcome of the bill should determine the regulations, stating, “the bill should come first, when we consider and approve the bill then you can prepare a regulation”.

Defending the executive’s position, Minister Ceesay explained that Cabinet’s decision was intended to avoid unnecessary delays in implementing the legislation.

He stressed that “you can have the bill, but if the related implementation mechanism is not ready, the bill or Act will be waiting so this shows the importance the government attach to this bill”.

The Minister further disclosed that he had been directed to fast-track the development of the policy and regulations so that all the instruments could be considered by Cabinet and subsequently submitted to the National Assembly for approval.

“We attach equal priority to these particular instruments and for the fact that cabinet is insisting for a whole package to be put together that is to ally the fear of any delay. We want to come and put all these as a single package, pass it to cabinet and get it approved by the National Assembly at the same time,” he said.