By: Fatou Krubally
The National Assembly on Monday subjected key provisions of the Labour (Amendment) Bill, 2026 to intense scrutiny, with lawmakers expressing concern over ministerial powers sought under the amendment.
The assembly members raised concern over the extent of discretionary powers proposed for the Minister responsible for employment in licensing labour recruitment agencies to send Gambian workers to countries that do not have bilateral labour agreements with The Gambia.
The debate emerged during the consideration stage of the bill as members examined Clause 3, which seeks to introduce a new Section 24A into the Labour Act. The proposed amendment would allow the minister to grant licences to employment agencies to deploy Gambian workers to countries where no formal bilateral labour agreement exists, subject to conditions determined by the minister or regulations made under the Act.
Several lawmakers questioned whether concentrating such authority in the hands of the minister could expose the system to abuse. They argued that labour migration involves sensitive issues affecting the welfare and protection of Gambian workers abroad and therefore requires adequate checks and safeguards.
Member for Kiang west Hon Lamin Ceesay raised concerns that allowing the minister alone to approve licences could create risks, suggesting that additional oversight mechanisms should be considered. Another legislator questioned how the government would enforce accountability in countries with which The Gambia has no labour agreements if migrant workers encountered problems.
Responding to the concerns, the Minister of Trade, Industry, Regional Integration and Employment Mod K. Ceesay defended the amendment, saying its primary objective is to extend protection to Gambian migrant workers already employed in countries where no bilateral labour agreements exist.
According to the minister, many Gambians are currently working in such jurisdictions without any formal protection framework. He said introducing a licensing regime would ensure that employment agencies recruiting workers for those destinations are held responsible for safeguarding the rights and welfare of migrants.
The minister further explained that the proposed provision would enable government to impose conditions on licensed agencies, withdraw licences where necessary and hold agencies accountable in cases of abuse.
The debate also shifted to the wording of the clause, with members proposing changes to strengthen legal clarity. Discussions focused on whether the minister’s discretionary powers should come before or after regulations made under the Act, as some lawmakers argued that regulations should provide clear limits on ministerial authority.
However, the minister maintained that retaining flexibility was necessary because labour migration arrangements differ from one country to another and cannot always be governed by a single set of regulations.
Following extensive debate and clarifications from both the minister and the presiding officer, lawmakers continued clause-by-clause consideration of the Labour (Amendment) Bill, with further scrutiny of the proposed amendments expected before the legislation proceeds to its next stage.