Parliament Act, 2023

Jurisdiction: Sierra Leone
Citation: Act 26 of 2023
Date: 22 June 2023
Language: English
Type: Legislation
Download: Download PDF (5.1 MB)

Sierra Leone

Parliament Act, 2023

Act 26 of 2023

Published in Sierra Leone Gazette 40 on 22 June 2023
Assented to on 2 May 2023
Commenced on 22 June 2023
[This is the version of this document from 22 June 2023.]

Being an Act to provide for the establishment of Parliamentary Commission, to provide for the leadership and governance structure of Parliament, to provide for the establishment of the Parliamentary Service, to provide for salaries and other benefits of Members of Parliament and staff and to provide for other related matters.Enacted by the President and Members of Parliament in this present Parliament assembled.

Part I – Preliminary

1. Interpretation

In this Act, unless the context otherwise requires—"Chief Whip" means a member of the governing party in Parliament appointed from among members of his party whose role is to ensure that members of his party are disciplined in Parliament;"Clerk of Parliament" means the Clerk of Parliament appointed under section 82 of the Constitution of Sierra Leone Act No. 6 of 1991;"Commission" means the Parliamentary Commission established by section 2;"Deputy Chief Whip" means a Member of Parliament whose role is to deputise the Chief Whip;"Deputy Leader of Government Business" means the Leader in Parliament whose role is to deputise the Leader of Government Business;"Deputy Leader of Opposition" means the Leader in Parliament whose role is to deputise the Leader of Opposition;"Director-General" means the Director-General of the Parliamentary Service appointed by the Parliamentary Service Commission;"Female Caucus" means the asssembly of all female Members of Parliament that meet to pursue common legislative odjectives;"Financial year" means a period of one year ending on the 31st day of December;"Governing Party" means the party in Parliament whose Government is in power;"Leader of Government Business" means the Leader in Parliament whose party is in Government;"Leader of Opposition" means the Leader in Parliament whose role is to lead the business of the opposition in Parliament;"Opposition Party" means the party in Parliament other than the Governing Party with the most seats in Parliament after presidential and parliamentary elections;"Opposition Whip" means a member of Parliament appointed by the Opposition whose role is to ensure that members of his party are disciplined in Parliament;"Other Parties" mean other parties represented in Parliament other than the governing or the opposition parties;"Paramount Chief Members of Parliament" means paramount chiefs elected to represent the fourteen political districts in parliament in accordance with section 74 (1) a of the Constitution of Sierra Leone Act No. 6 of 1991."Parliament" means the arm of government as established by section 73 (1) of the Constitution of Sierra Leone Act No. 6 of 1991."Parliamentary Service" means the Parliamentary Service established under subsection (1) of section 22;"President Female Caucus" means the Leader of all females in Parliament that meet to pursue common legislative objectives;"Speaker" means the Speaker of Parliament elected under section 79 of the Constitution of Sierra Leone, Act No. 6 of 1991 as amended."Deputy Speaker" means the Deputy Speaker of Parliament elected under section 80 of the Constitution of Sierra Leone, Act No. 6 of 1991 as amended.

Part II – Establishment of Parliamentary Commission

2. Establishment of Parliamentary Commission

(1)There is hereby established a Commission to be known as the Parliamentary Commission which shall consist of the Speaker, as Chairman and the following other members—

(a)The Deputy Speaker as deputy chairman;

(b)The Leaders of all Political Parties represented in Parliament;

(c)The Governing Party Chief Whip;

(d)The Opposition Party Whip;

(e)The President of the Female Caucus;

(f)a Representative of Members of Parliament who have been elected as Independent Candidates;

(g)6 other elected Members of Parliament, nominated by Members of Parliament, reflecting as nearly as possible the numerical strength of the Political Parties in Parliament and shall include gender and disability balance;

(h)Chairman of the Paramount Chiefs in Parliament; and

(i)The Clerk of Parliament who shall be Secretary and principal adviser to the Commission.

(2)In any case a new Commission shall be constituted in not later than two weeks from the election of a new Speaker.

(3)

(a)The Clerk of Parliament as Secretary to the Commission and Principal adviser to the Chairman shall be responsible for:

(i)preparing, planning and facilitating the meetings of the Commission and its committees;

(ii)causing to be kept records of the proceedings and minutes of the meetings of the Commission and such other records as the Commission may direct;

(iii)communicating the decisions of the Commission for execution by the Management Board; and

(iv)performing such other duties as may be assigned by the Commission.

3. Tenure of members

(1)The Chairman and other members shall hold office for the duration of the life of the Parliament in which they are elected:Provided that the Chairman and other members shall continue in office until a new Speaker is elected and in the case of the Commissioners until a new Commission is constituted.

(2)A person shall cease to be a member of the Commission on any of the following grounds—

(a)inability to perform the functions of his office by reason of infirmity of mind or body;

(b)for proven misconduct;

(c)if he becomes bankrupt or insolvent;

(d)if he is convicted and sentenced for an offence involving fraud or dishonesty;

(e)if he fails to attend three consecutive meetings of the Commission without reasonable excuse;

(f)if he resigns his office by written notice to the Chairman of the Commission.

(g)shall cease to hold office on vacating his seat in accordance with section 77 of the Constitution of Sierra Leone, Act No. 6 of 1991.

(3)The Chairman of the commission shall cease to hold office when he vacates his office in accordance with subsection 4 of section 79 of the Constitution of Sierra Leone Act No. 6 of 1991.

(4)Where a commissioner vacates his seat, dies or become incapacitated, a new member shall be appointed to hold office for the remaining term of his predecessor.

4. Function of Commission

(1)The Commission shall have supervisory authority over Members of Parliament.

(2)The Commission shall have supervisory, directory and disciplinary authority over the Parliamentary Service.

(3)Without prejudice to the generality of subsection (1), the Commission shall—

(a)direct the Whips, the Ethics and Privileges Committee and the Parliamentary Service to give effect to the provisions of subsection (1);

(b)appoint persons, other than the Clerk of Parliament, to hold or act in office as members of the Parliamentary Service and exercise disciplinary control over such persons, including suspending or removing such persons;

(c)determine the conditions of service including the grading, promotion and training of the members of the Parliamentary Service;

(d)approve the policy of the Parliamentary Service and in particular the administrative, human resource and operational procedures of the Service;

(e)cause to be prepared, in each financial year, estimates of revenues and expenditures for Parliament and the Parliamentary Service for the next financial year including expenditures on foreign and local travels and purchases necessary for the various directorates of the Parliamentary Service;

(f)ensure the provision of such services and facilities as are necessary for the proper functioning of Parliament and the Parliamentary Service; and

(g)do such other things as may be necessary for the smooth operation of the Parliamentary Service.

5. Meetings of Commission

(1)The Commission shall meet at least once every quarter for the dispatch of its business at such time and place as the Chairman may determine.

(2)In the absence of both the Chairman and Deputy Chairman, the Members present shall elect one of their number to act as Chairman.

(3)A majority of the members of the Commission may, by notice in writing signed by them, request the Chairman to summon a special meeting of the Commission for such purposes as shall be stated in the notice.

(4)The Chairman or in his absence the Deputy Chairman shall summon a special meeting within 5 days of receipt of the notice referred to in subsection (3).

(5)The Quorum at any meeting of the Commission shall be 7.

(6)Any question which arises to be determined by the Commission at any of its meetings shall be decided by a majority of the votes of the members present and voting and in case of equality of votes, the Chairman or person presiding shall have a casting vote.

(7)The Commission may co-opt a person to attend and participate in its deliberations on any matter but such person shall not vote on any issue for decision by the Commission.

(8)Subject to this Act, the Commission shall regulate the procedures at its meetings.

6. Allowances of Members of Commission

The Chairman and other members of the Commission shall be paid sitting and travelling allowances as may be determined by the Commission and shall be reimbursed by the Parliamentary Service for reasonable expenses incurred in connection with the discharge of their functions.

7. Committees of Commission

(1)The Commission may, for the discharge of its functions, appoint one or more committees to perform such functions as the Commission may determine including—

(a)Audit and Risk Management Committee which shall comprise 5 members and non-members with special expertise in risk management, accounting, and audit and responsible to—

(i)review departmental and institutional risk management plans;

(ii)review audit plans of the Internal Auditor;

(iii)sign off on the internal audit report before submission to the Commission;

(iv)ensure that the recommendation of the external audit report of Parliament are fully implemented;

(v)monitor responses to Audit Management Letters;

(vi)review strategic risks facing the Commission; and

(vii)update the Commission of the work of the Committee;

(b)Finance and Planning Sub-Committee which shall comprise the Chairman, Finance Committee as Chairman and such other Commissioners and staff as the Commission may determine and responsible to—

(i)advise on the re-allocation of funds to meet critical priorities or emergencies that enhance the operation of Parliament;

(ii)review the financial, procurement, disposal, and asset-related policies of Parliament;

(iii)review the annual financial reports of Parliament.;

(vi)recommend to the Commission, the type of accounting best practices and standards appropriate to benchmark financial reporting of Parliament; and[Please note: numbering as in original.]

(v)review Parliament of Sierra Leone financial authority delegation framework.

(c)Corporate Planning Sub-Committee which shall comprise Commissioners and the Director-General of Parliament and independent and competent individuals with special expertise in strategic planning and responsible to—

(i)develop corporate plans including, Strategic Plan, Operational Plans, Departmental Plans, Risk Management Plans, Monitoring and Evaluation and Performance Plans, and review inputs in the development process of these plans to ensure they remain fit for purpose and able to address the issues facing the institution;

(ii)advise on resource alignment to ensure corporate plans are implemented and monitored;

(iii)attend parliamentary reviews and provide inputs to add value to the process; and

(iv)receive inputs and quarterly status updates from the Clerk of Parliament on the implementation and monitoring of the corporate plans of Parliament.

(d)Policy Planning Sub-Committee which shall comprise 2 Commissioners and such other members of staff as the Commission may determine and responsible to—

(i)review the manpower planning of Parliament and ensure appropriate staff is available to support the work of Parliament;

(ii)receive feedback on policy implementation and provide advisory support for reviewing and or developing new policies to ensure effective staff performance;

(iii)provide support to administrative committee on complaints and disciplinary issues; and

(iv)receive quarterly update from the Clerk of Parliament on the management and status of the Parliament payroll ensuring transparency and fairness in the management of the payroll.

(2)A Committee under subsection (1), shall submit a report of its proceedings to the Commission at such time as the Commission may determine.

Part III – Leadership and governance of Parliament

8. Leadership of Parliament

(1)There shall be established the Leadership of Parliament comprising the following:Speaker, Deputy Speaker, Clerk of Parliament, Leaders of Political Parties represented in Parliament and their deputies; Chief Whip and his deputy, Opposition Whip and his deputy, President of Female Caucus and Head of Paramount Chief Members of Parliament (PCMPs).

9. Speaker of Parliament

The Speaker as head of Parliament shall be responsible for the governance of Parliament including—

(a)the execution of powers conferred upon the Speaker by the Constitution and Standing Orders;

(b)the promotion of the welfare of Members and Staff of Parliament;

(c)the provision of strategic direction for the Commission;

(d)managing relations with other Parliaments;

(e)dealing with chamber matters relating to procedures;

(f)chairing the following committees—

(i)the House Committee;

(ii)the Committee on Absenteeism;

(iii)the Standing Order Committee;

(iv)the Public Petition Committee;

(v)the Committee of Selection; and

(vi)such other matters as may be referred to the Speaker of Parliament by the Constitution, Standing Orders or the Clerk of Parliament.

10. Deputy Speaker of Parliament

The Deputy Speaker of Parliament shall perform such functions as may be delegated by the Speaker of Parliament and shall perform the functions of the Office of Speaker where the Speaker is out of the jurisdiction as provided for in sub section 5 of section 80 of the Constitution of Sierra Leone, Act No. 6 of 1991.

11. Leader of Government Business

The Leader of Government Business shall be responsible for—

(a)all government business in the House;

(b)piloting or introducing Government Bills and motions in the House;

(c)getting the Government business through in Parliament;

(e)leading consultation and dialogue on parliamentary matters with other Leaders in the House;[Please note: numbering as in original.]

(f)Chairing the following committees—

(i)the Business Committee;

(ii)the Appointments Committee; and

(iii)the Supervisory Committee.

12. Deputy Leader of Government Business

The Deputy Leader of Government Business shall perform such functions as delegated to him by the Leader of Government Business and shall perform the functions of the Office of Leader of Government Business where the Leader of Government Business is absent from Parliament.

13. Leader of Opposition

The Leader of Opposition shall be responsible for—

(a)leading the Opposition business in Parliament.

14. Deputy Leader of Opposition

The Deputy Leader of Opposition shall perform such functions as may be delegated to him by the Leader of Opposition and shall perform the functions of the Office of Opposition Leader when he is absent from Parliament.

15. Other party leaders

A leader of a party other than the ruling party or the opposition party shall be responsible for—

(a)leading and articulating his party's position in Parliament;

(b)managing the relationship of his party with other party leaders; and

(c)providing support to Parliament for the successful passage of Bills and Motions into law.

16. Chief Whip

Chief Whip shall be responsible for—

(a)ensuring that members of his party attend and vote in Parliament;

(c)securing the governing party's votes on its legislative policy programme;[Please note: numbering as in original.]

(c)linking the Government and the Opposition Party in Parliament; and

(d)maintaining discipline in Parliament and ensuring that a quorum is obtained.

17. Deputy Chief Whip

The Deputy Chief Whip shall perform such functions as may be delegated to him by the Chief Whip and shall perform the functions of the Office of Chief Whip where the Chief Whip is absent from Parliament.

18. Opposition Whip

The Opposition Whip shall be responsible for—

(a)ensuring that members of his party attend and vote in Parliament;

(b)assisting the chief whip in maintaining discipline in Parliament and ensuring that a quorum is obtained;

(c)providing advice and support for his party members; and

(d)ensuring that his party decisions are carried out.

19. Deputy Opposition Whip

Deputy Opposition Whip: The Deputy Opposition Whip shall perform such functions as may be delegated to him by the Opposition Whip and shall perform the functions of the Office of Opposition Whip if he is absent from Parliament.

20. Chairman of Paramount Chief Members of Parliament

Chairman Paramount Chief Members of Parliament shall be responsible for—

(a)representing Paramount Chief Members in the Leadership of Parliament;

(b)serving as adviser to the Leadership of Parliament; and

(c)serving as a member of the Parliamentary Service Commission.

21. President, Female Caucus

The President of the Female Caucus shall be responsible for—

(a)bringing female parliamentarians together in dealing with issues sensitive to women;

(b)rallying or lobbying to ensure gender sensitive legislations are passed into law;

(c)making the Female Caucus an effective group to monitor the implementation of policies concerning issues of interest to women; and

(d)networking and collaborating with electoral activities to support issues such as optimizing strategies in achieving gender equality, quota and fair gender representation within and outside Parliament.

Part IV – Establishment of the Parliamentary Service

22. Parliamentary Service

(1)There shall be an autonomous Parliamentary Service, which shall consist of the Clerk of Parliament and such other persons appointed under paragraph (b) of subsection (3) of section 4.

(2)The Clerk of Parliament and other members of the Parliamentary Service shall be public officers but shall be independent of the Public Service.

23. Functions of Parliamentary Service

The Parliamentary Service shall be responsible to provide Parliament with technical and administrative support and advisory services so as to enable Parliament to effectively and efficiently execute its constitutional and other functions.

24. Management Board

There shall be a Management Board of the Parliamentary Service, consisting of the Clerk, Deputy Clerk. Director General and other Directors of the Parliamentary Service, to assist the Clerk of Parliament in the discharge of his duties.

25. Clerk of Parliament

(1)The Clerk of Parliament shall be the Head of the Parliamentary Service and shall be responsible to the Commission for—

(a)the day-to-day administration and management of the affairs of Parliament and the Parliamentary Service;

(b)the control of the staff of the Parliamentary Service;

(c)the management of the funds, property and business of Parliament; and

(d)the performance of such other functions as Parliament or the Commission may determine.

(2)A person shall not be qualified for appointment as Clerk of Parliament unless he—

(a)is a citizen of Sierra Leone;

(b)possesses at least a Bachelor's Degree in the arts, social science, management or public administration from a recognised University ;

(c)has a minimum of 5 years' experience in parliamentary or public administration;

(d)has not been convicted and sentenced for an offence which involves corruption, fraud or dishonesty; or

(e)is not adjudged to be a lunatic, declared to be of unsound mind or otherwise incapable of performing his duties.

(3)The Clerk may delegate any of his responsibilities to the Deputy Clerk, Director General or any other Director of the Parliamentary Service.

26. Deputy Clerk of Parliament

There shall be a Deputy Clerk of Parliament who shall assist the Clerk of Parliament in the performance of his functions.

27. Director-General

There shall be a Director-General appointed by the Commission who, shall, in addition to the Deputy Clerk of Parliament, assist the Clerk of Parliament in the performance of his functions, as follows:

i.Lead the Implementation of the Corporate Goverance agenda in Parliament.

ii.provide leadership in the implementation of strategies on accountable system to improve Parliamentary performance.

iii.Develop stronger strategic and trustful relationship with the leadership of Parliament, Directorate and Development Partners.

iv.support the coordination of Parliamentary functions and events.

v.deal with performance management.

28. Commission to appoint consultants etc.

(1)The Commission may appoint such consultants or advisers as it may think necessary for the efficient performance of the functions of the Parliamentary Service.

29. Directorates of Parliamentary Service

(1)The Commission may establish such Directorates and Offices in the Parliamentary Service as it considers necessary or expedient for the efficient and effective performance of the functions of the Parliamentary Service.

(2)The following Directorates are hereby established:

(a)Department of Committees;

(b)Department of Official Reports;

(c)Department of Legislative Services;

(d)Department of Sergent-at-Arms;

(e)Department of Finance;

(f)Department of Human Resource and Administration:

(g)Department of Procurement and Transport;

(h)Department of Partnership Research and Programmes;

(i)Department of Library and Documentation;

(j)Department of Information Communication and Technology;

(k)Department of Parliamentary and Public Relations;

(l)Department of Internal Control & Compliance.

(3)A Directorate or Office under subsection (2), shall be headed by a member of the Parliamentary Service designated as such by the Commission on the advice of the Clerk of Parliament.

Part V – Establishment of Specialised Offices

30. Specialised Offices

(1)There shall be established by the Parliamentary Service Commission the following Specialised Offices:

a.Office of the Law Clerk

b.Parliamentary Budget Office

c.Center for Strategy and Parliamentary Studies

31. Functions of the Office of the Law Clerk

There shall be established the Office of the Law Clerk by the Parliamentary Service Commission as provided for in Section 30 of this Act with the following functions—

i.Provide legal advice to the Leadership and Administration of Parliament;

ii.Scrutinise Bills, Constitutional Instruments and Statutory Instruments;

iii.Scrutinise Agreements, Treaties and Conventions;

iv.Carry out Legislative Research work;

v.Cooperate with Law Officers Department and other Parliamentary Legal Offices in other jurisdictions.

32. Autonomy of the Office of the Law Clerk

Without prejudice to the provisions of Section 53 of this Act, the Office of the Law Clerk in the discharge of the specialised nature of its functions, shall not be subject to the interference of any person.

33. Office of the Law Clerk Report

The Office of the Law Clerk shall publish an annual report at the close of every Parliamentary Session.

34. The Law Clerk, Deputy and other staff

(1)The Parliamentary Service Commission shall appoint the Law Clerk, Deputy Law Clerk and such other staff as may be required by the Office.

35. Qualification of the Law Clerk and Deputy

A person shall not be qualified for appointment as a Law Clerk unless he—

i.is a Lawyer and

ii.is qualified to practice law in Sierra Leone.

36. Functions of the Parliamentary Budget Office

(1)There shall be established the Parliamentary Budget Office by the Parliamentary Service Commission as provided for in Section 30 of this Act with the following functions—

i.assist Parliament in providing effective oversight over fiscal policy measures on the economy with the principal aim of improving the quality of debates and laws enacted;

ii.provide professional services in respect of budget, finance and economic information to Parliamentary committees and Members of Parliament and engage them on same when necessary;

iii.prepare reports on budgetary projections, economic forecasts, and other specific subjects relevant to Parliament and make proposals to Committees of Parliament responsible for budgetary matters;

iv.review and recommend to relevant Committees of Parliament the findings on budget proposals and economic forecasts; including financial risks posed by Government policies and activities to guide Parliament;

v.undertake money bills determination and costing;

vi.propose where necessary an alternative fiscal framework in respect of any financial year;

vii.support Committees and Members of Parliaments in the national budget process in enhancing the financial autonomy of Parliament and serves as technical lead in the preparation of the parliamentary budget;

viii.produce reports on the implementation of the state budget using data from the Ministry of Finance and other sources;

ix.simplifying financial proposals, policies, bills and other related documents for the easy understanding of Members of Parliament and Committees;

x.undertake any other work deemed necessary by the Director to support the achievement of the mandate of the Budget Office.

37. Autonomy of the Parliamentary Budget Office

Without prejudice to the provisions of Section 53 of this Act, the Budget Office in the discharge of the specialised nature of its functions, shall not be subject to the interferance of any person.

38. Parliamentary Budget Office Reports

The report of the Parlimentary Budget office shall be—

i.laid before Parliament by the Leader of Government Business or any other appropriate committee chair; or

ii.presented to specific committees or Members of Parliament where necessary;

iii.published on the parliamentary website.

39. Director of the Budget Office

The Parliamentary Service Commission shall appoint the Director of the Budget Office who shall be specialised in Audit, Accountancy, Public Financial Management, Public Policy or Macro-Economics.

40. Deputy Director of the Budget Office

The Parliamentary Service commission shall appoint the Deputy Director of the Budget Office who shall be specialised in Audit, Accountancy, Public Financial Management, Public Policy or Macro-Economics.

41. Other officers and staff of the Budget Office

The Parliamentary Service Commission shall appoint other officers and staff of the Budget Office who shall be knowledgeable in Audit, Accountancy, Public Financial Management, Public Policy or Macro-Economics, for the effective and efficient performance of the Budget Office.

42. Co-operation

(1)All Ministries, Departments and Agencies shall co-operate with the Budget Office as required.

(2)A person or institution who—

i.refuses or fails to provide information requested by an authorised officer of the Budget Office;

ii.provides the Budget office with information which that person or institution knows to be false; or

iii.wilfully suppresses information relevant to the work of the Budget Office;

Commits an offence and shall be liable to Contempt of Parliament as provided for in section 95 of the Constitution of Sierra Leone Act No. 6 of 1991.

(3)An authorised officer of the Budget Office shall, on the request of a person or institution from whom information is requested, produce the required authorisation.

43. Functions of the Centre for Parliamentary Studies

There shall be established the Centre for Strategy and Parliamentary Studies by the Parliamentary Service Commission in Section 30 of this Act with the following functions—

i.lead strategic planning advisory services and guidance in Parliament;

ii.serve as the primary service provider for the provision of certified professional training courses and programmes on legislation, respresentation, and the oversight roles of Parliament;

iii.preserve Parliamentary procedure and practice for training purpose.

44. Board of the Centre for Strategy and Parliamentary Studies

The Parliamentary Service Commission shall appoint a Specialised Board to provide policy direction, oversight to the management of the centre.

45. Composition of the Board of the Centre for strategy and Parliamentary studies

The Board shall comprise of—

(a)Two members of the Parliamentary Service Commission

(b)The Clerk of Parliament

(c)One representative from a Higher learning institution

(d)The Director of the Centre for Strategy and Parliamentary Studies who shall serve as Secretary to the Board without a voting right.

46. Funds of the Centre for Strategy and Parliamentary Studies

The Parliamentary Service Commission may directly allocate funds through the Board of the Centre, for the implementation of plans and programmes of the centre.

Part VI – Financial provisions

47. Annual Budget of Parliament

(1)The Commission shall prepare the annual budget of Parliament, encompassing the budgets of Members of Parliament, the Commission and the Parliamentary Service and cause that budget to be passed in Parliament.

(2)The amount to be set as the ceiling for the budget of Parliament under subsection (1) shall be 2.5% of the national budget.

(3)The Commission shall submit the estimate prepared under subsection (1) and in accordance with subsection (4) of section 74 of the Constitution of Sierra Leone, Act No. 6 of 1991 to the President who may comment or make recommendations on the estimate and thereafter transmit it to the Commission.

(4)The Commission shall consider comments or recommendations made by the President under subsection (3) and cause the estimates to be passed by not less than two-thirds of the Members of Parliament.

(5)The Minister of Finance shall, in respect of each financial year, release to Parliament such monies as indicated in the Commission's approved budget for the efficient and effective functioning of Parliament.

48. Funds of Parliament

(1)The administrative and other expenses of Parliament shall be financed by funds consisting of—

(a)funds appropriated by Parliament for the purposes of the Commission and the Parliamentary Service and paid out of the Consolidated Fund; and

(b)donations or grants from any person or organisation.

49. Accounts and records

(1)The Parliament shall keep proper books of accounts and other records in relation to its functions and finances in a form approved by the Auditor-General.

(2)The books of accounts of Parliament shall, each year be audited by the Auditor-General or an auditor appointed by him, and a report of the audit shall be submitted to the Commission.

50. Annual Report

(1)The Clerk of Parliament shall, within 3 months after the end of each financial year, submit to the Commission an annual report of the activities, property and finances of Parliament for that year.

(2)The report under subsection (1) shall include a copy of the audited accounts of the Commission and Parliamentary Service together with the audit report on such accounts.

(3)A copy of the annual report approved by the Commission shall be laid before Parliament not later than 4 months after the end of the financial year to which it relates.

Part VII – Salaries and other benefits

51. Conditions of service

(1)The Speaker of Parliament shall, at the start of every Parliament and in any case not later than 3 months of the commencement of the First Session of a new Parliament, by statutory instrument, prescribe conditions of service of the Speaker, Deputy Speaker, Members of Parliament, Clerk of Parliament and Parliamentary Service.

(2)A statutory instrument under subsection (1) shall, before passage by Parliament, be submitted to the President for his comments within 14 working days and any comment by the President shall be deemed to be a motion for debate by the Leader of Government Business.

(3)At the commencement of this Act, the following conditions shall apply—

(a)Outgoing Speakers shall be entitled to the following at the time of leaving office:

(i)Retain one of the official vehicles in his possession;

(ii)Three security personnel provided by the State; and

(iii)Home furniture to the tune of Fifty Thousand Leones (NLe30,000).

(b)Outgoing Deputy Speakers shall be entitled to the following at the time of leaving office:

(i)Retain one of the official vehicles in his possession;

(ii)Two security personnel provided by the State: and

(iii)Home furniture to the tune of Thirty Thousand Leones (NLe30,000),

provided that a Deputy Speaker shall not be entitled to any benefit accruing to a Member of Parliament at the time of leaving office.

(c)Any person who, before ceasing to be a Member of Parliament, has served as such Member for two terms whether or not the terms are consecutive or as the Speaker or Deputy Speaker for a qualifying period of five years, is entitled to a monthly pension calculated at 80% of their gross terminal salaries.

(d)Any person who, before ceasing to be a Member of Parliament, has served as such Member for one term and has further served as Clerk of Parliament for a qualifying period of five years, is entitled to a monthly pension calculated at 80% of his gross terminal salaries.

Provided that the Speaker or a Member of Parliament who has served for a period not less than five years but less than ten years, shall be entited to a monthly pension computed at the rate of 40% of the gross salary of a Speaker or Member of Parliament.

(e)there shall be an increment of 25% in the pensions of former Members of Parliament every 5 years;

(f)the Speaker, Members of Parliament and Clerk of Parliament shall be entitled to 2 months recess each year and one-month gross salary as recess allowance;

(g)the sitting fees for Speaker, Members of Parliament, Clerk of Parliament and Chamber Clerks shall be computed on a daily sitting basis.

(h)The Clerk of Parliament shall be entitled to Domestic Servants Allowance calculated at 20% of his basic monthly salary.

(i)there shall be an internal Parliament Medical Insurance Scheme to cater for the health needs of the Speaker, Members of Parliament. Clerk of Parliament and Parliamentary staff who require urgent medical attention overseas to be funded from—

(i)the annual budget of Parliament accounting for not more than 50%;

(ii)2% of the monthly salaries or pensions of the Speaker, Clerk of Parliament, Members of Parliament and Parliamentary Staff; and

(iii)donations from persons or organisations.

(4)A Committee shall be constituted by the Commission for the purpose of managing the Parliament Medical Insurance Scheme under paragraph (h) of subsection (3), comprising—

(a)the Clerk of Parliament, who shall be the Chairman;

(b)the Chairman Health Committee;

(c)One Member of Parliament each from the Governing Party and Opposition Parties; and

(d)the Director-General of the Parliamentary Service.

(5)The Clerk to the Health Committee shall serve as the Secretary of the Committee.

(6)The Committee constituted under subsection (4), shall from time to time publish rules to govern the access to and operations of the Parliament Medical Insurance Scheme.

Part VIII – Miscellaneous

52. Retirement of members of the Parliamentary Service

(1)A member of the Parliamentary Service—

(a)may retire voluntarily from the service on or after attaining the age of fifty-five: and

(b)shall retire or vacate his office compulsorily at the age of sixty.

(2)The Parliamentary Service and the Commission shall ensure the prompt payment of retirement benefits to staff members immediately after retirement.

53. Creation and abolition of offices

(1)The Commission may create, abolish or reclassify offices in the Parliamentary Service.

(2)Where an office is abolished or reclassified the Commission may where appropriate redeploy the holder of the office or discontinue the service of the holder of the office and shall pay the officer such entitlement as appropriate in relation to the office.

54. Secondment

Staff of Parliamentary Service may be supported to Proceed on secondment within or outside Sierra Leone for Career development.

55. Study leave

The Parliamentary Service shall subject to the approval of the Commission grant Study leave to Parliamentary Service staff for post-graduate studies only, within or outside Sierra Leone.

56. Regulations

The Commission may, by Statutory Instrument make rules and regulations to give effect to this Act.

57. Repeal

The following are hereby repealed or revoked—

(a)The Parliamentary Service Act 2007;

(b)Statutory Instrument No. 10 of 2012 relating to the Salary and Conditions of Service of the Speaker of Parliament.

(c)Statutory Instrument No. 4 of 2006.

(d)The Wages and Compensation Commission Act, 2023 shall not apply to the Parliament Act, 2023.

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History of this document

22 June 2023 this version

Published in Sierra Leone Gazette 40

Commenced

02 May 2023

Assented to

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Documents citing this one 1

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Sierra Leone Government Gazette dated 2023-06-22 number 40