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MPs Make Public Service Consultation Mandatory in Immigration Bill

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By: Fatou Krubally

The National Assembly on Monday approved key amendments to the Gambia Immigration Bill, 2026, with lawmakers agreeing to make consultation with the Public Service Commission mandatory in the appointment of employees of the Gambia Immigration Service.

The amendment was adopted during the consideration stage of the bill after members engaged in detailed deliberations over the wording of Clause 12, which deals with appointments within the service.

The debate centred on whether the bill should retain the phrase: “after consultation with the Public Service Commission” or replace it with “in consultation with the Public Service Commission.”

Several lawmakers argued that the phrase “in consultation with” carries a stronger legal obligation and would require the relevant authority to consult the Public Service Commission before making appointments. Members also maintained that the wording is more consistent with legislative drafting used in other Acts.

The Minister of Interior informed the Assembly that the draft bill had used the phrase “after consultation.” However, he said he had no objection if members considered “in consultation” to be more appropriate.

During the debate, lawmakers noted that legal advisers had also indicated that “in consultation with” creates a mandatory requirement, unlike “after consultation,” which was viewed as less restrictive.

Following deliberations, the Assembly agreed to amend the clause by replacing “after consultation” with “in consultation with the Public Service Commission.”

Members also considered a proposal to replace the word “employees” with “immigration officers” in the same clause. The proposal was rejected after the Minister explained that the Immigration Service employs personnel other than immigration officers, including technical and support staff. Lawmakers accepted the explanation and retained the broader term “employees.”

The Assembly further discussed a proposal to amend Clause 10 concerning the functions of the Assistant Comptroller General. A member suggested replacing the phrase “any other functions” with “such functions,” arguing that it would better reflect the responsibilities assigned under the Act. However, the proposal did not receive support and the existing wording was maintained.

Lawmakers also approved minor drafting corrections under Clause 7, including changing the word “function” to “functions” and making adjustments to the numbering of sub-clauses to improve consistency within the bill.

Throughout the sitting, the Speaker repeatedly reminded members that all proposed amendments must be submitted in writing in accordance with Standing Order 74 and urged them to remain focused on the clauses under consideration to ensure steady progress on the bill.

At the conclusion of deliberations on the written proposals before the House, members adopted Part Two of the Gambia Immigration Bill, 2026, as amended before the sitting was suspended for a lunch break.

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