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Rules of
Procedure of the Maneaba ni Maungatabu
(including
amendments approved on 22 April 2010 and 25 August 2010)
Table of Contents
1. PROCEDURE
These
Rules of Procedure are made by the
Maneaba ni Maungatabu for the regulation and orderly conduct of its
proceedings
pursuant to section 67 of the Constitution.
2. RIGHTS OF THE
MANEABA
These
Rules of Procedure shall not be deemed
or construed in any way to diminish or restrict the rights, privileges,
immunities and powers generally held or enjoyed by the Maneaba ni
Maungatabu
and its Members.
3. INTERPRETATION
(1)
In calculating a period of a day or days
named in these Rules no accounts shall be taken of a Saturday, a Sunday
or a
Public Holiday.
(2)
"Period of Public Emergency"
has the same meaning as in the Constitution.
(3)
"Meeting" means any sitting or
series of sittings of the Maneaba ni Maungatabu commencing when the
Maneaba
first meets after being summoned at any time and ending when the
Maneaba is
adjourned sine dieor at the conclusion of a session.
(4)
"Member" means, unless the
context otherwise requires, a Member of the Maneaba ni Maungatabu.
(5)
"Question" may mean either (a)
a question seeking information as provided in Rules 27 to 34 or (b) a
question
that is proposed or put by the Speaker and which has to be resolved by
the
Maneaba, for example, "That the motion be agreed to" or "That
Clause 6, as amended, be agreed to".
(6)
"Secret Ballot" means a vote
where the intention is that each Member's vote is concealed or kept
from the
knowledge or view of others.
(7)
"Session" means a period
commencing when the Maneaba first meets after a presidential election
and
ending when the Maneaba has completed a full term of 4 years after its
first
meeting following a general election or is dissolved under section
78(1)(a) or
section 78(1)(b) of the Constitution.
(8)
"Sitting" means a period during
which the Maneaba is sitting continuously without adjournment, and
includes any
period during which the Maneaba is in Committee.
(9)
"Term" means a 4 years
period starting from the first sitting day of the Maneaba immediately
after the
general election or a lesser period starting from such first sitting
day to the
day the Maneaba is dissolved through a no confidence or an issue of
confidence
motion in the Maneaba.
(10)
"vote of expenditure" means a
group of expenditure or output items in an Appropriation or
Supplementary
Appropriation Bill which are grouped under the name of a Government
Ministry.
(11)
A reference to the masculine gender in
any of these Rules also means a reference to the feminine gender, where
applicable.
4. PROCEEDINGS ON THE MEETING OF A NEW MANEABA
On
the first day of the meeting of a new
Maneaba following a general election and pursuant to the Speaker's[1]
instruction, Members having met in the Chamber at the time appointed –
(1)
Prayers shall be read by the Clerk who
shall also read the summons of the Maneaba by the Speaker.
(2)
The Clerk shall lay on the Table the list
of names of the Members elected to serve in the new Maneaba, having
been
delivered by the Chief Electoral Officer.
(3)
After the tabling of the names of the new
Members the Chief Justice shall take the chair for the election of a
Speaker.
5. OATH OF
ALLEGIANCE
(1)
No Member shall take part in the
proceedings of the Maneaba (other than proceedings necessary for the
purpose of
this Rule) unless he has made before the Maneaba an oath of allegiance
in the
form prescribed by law[2].
The oath of allegiance for members shall read:
"Ngai, …………..,
I berita i matan te Atua ae moan te mwaaka/anga ma nanou ni koaua bwa N
na
kakaonimaki mani kaota au tangira ae e koaua nakon abara ae Kiribati ae
e
inaomata ao e bura ieta. Ao N na karaoi naba au mwakuri ae te Tia Tei
ngai
nakon ana Maneaba ni Maungatabu Kiribati iaan te eti ao te kakaonimaki."
(2)
The Chief Justice or the Speaker, as the
case may be, shall administer the oath.
6. ELECTION OF
SPEAKER
(1)
The Chief Justice shall, after Members
have made the oath of allegiance, call for nominations for the post of
a
Speaker
(2)
A Member may propose a candidate who is
not a Member of the Maneaba, giving his name; age, occupation and Home
Island
and the Clerk shall record such details.
(3)
The election of the Speaker shall be vote
by secret ballots, as defined under Rule 3 (6).
a) If there are more
than three nominees the first vote shall eliminate half the candidates,
that is
to say those obtaining the lower number of votes, and if there is an
uneven
number of candidates the person in the centre of the voting shall go
forward to
the next vote;
b) The voting shall
continue until there are only two candidates left and the candidate
receiving
the majority of the votes of all the Members shall be declared by the
Chief
Justice to be the Speaker,
c) Provided that if
at any stage of voting, a candidate receives an absolute majority of
all the
votes of all the Members the Chief Justice shall declare such candidate
to be
the Speaker.
(4)
Subject to Sub-Rule (3) (a) of this Rule
there shall be a written record of the voting and of the declaration of
the
successful candidate.
(5)
The successful candidate shall be
informed in writing by the Clerk as soon as practicable and such
information
signed by the said Clerk shall, subject to other rules and regulations,
be
proof of the candidate's appointment as Speaker.
(6)
(a) Each Member
shall vote for one candidate only at each of the voting.
(b) Since the
purpose of the election is to appoint a Speaker acceptable to the
Maneaba as a
whole it is expected that every Member shall vote at every stage[3].
(7)
If the elected Speaker is for any reason
unable to take up his appointment, a new vote shall be taken.
(8)
In the event of a dispute under this Rule
the decision of the Chief Justice in consultation with the Maneaba,
shall be
final.
(9)
The ballot papers for every stage of the
election referred to under this Rule should be properly kept in case a
candidate or a Member may wish to see them.
(10)
The newly elected Speaker shall enter
the Chamber and take his oath administered by the Chief Justice in
front of the
Members.
OATH OF SPEAKER OF
THE MANEABA NI MAUNGATABU
"I, ________,.
swear by Almighty God (or solemnly affirm) that I will faithfully bear
true
allegiance to the Independent and Sovereign Republic of Kiribati, and
that I
will justly, faithfully and honestly carry out my duties as Speaker of
the
Maneaba ni Maungatabu of Kiribati".
(11)
Immediately after taking the oath the
Speaker shall thank the House for the honour it has conferred on him.
The Chief
Justice shall then take his leave while the Speaker shall take the
Chair.
(12)
The Maneaba shall then proceed to the
nomination of members to stand for the office of Te Beretitenti.
7. NOMINATION AND
ELECTION OF NOMINEES FOR THE OFFICE OF TE BERETITENTI
(1).
The Speaker shall then call for names of
Members qualified and willing to stand for nomination for the office of
Te
Beretitenti in accordance with the provisions of Section 4 of the
Election of
the Beretitenti Act.[4]
(2).
If, at the end of the period or the
extended period allowed by the Speaker for nominations, the names of
only 3 or
4 members qualified and willing to stand have been given, the Speaker
shall
declare them to be the candidates nominated by the Maneaba for the
purpose of
Section 32 (2) of the Constitution and shall then adjourn the House.
(3).
If, at the end of the period or the
extended period allowed by the Speaker for nominations, the names of
more than
4 members qualified and willing to stand have been given, the Speaker
shall
then suspend the sitting until a time, later the same day, for the
sitting to
resume and the selection of candidates for the office of Te Beretitenti
to
proceed.
(4).
On the resumption of the sitting the
Maneaba shall proceed with the selection of not less than 3 and no more
than 4
nominees for the office of Te Beretitenti in accordance with the
provisions of
Section 5 of the Election of the Beretitenti Act.
(5).
Following the selection of nominees for
the office of Te Beretitenti the Speaker shall declare the nominees to
be the
candidates and shall then adjourn the House.
8. PRESIDING IN THE MANEABA AND IN COMMITTEE OF THE
WHOLE MANEABA
(1)
There shall preside at each sitting of
the Maneaba –
(a) A Speaker who
shall have full power to conduct each and every sitting of the Maneaba
in
compliance with these Rules;
(b) In the absence
of the Speaker or when his office is vacant a private Member may be
elected by
the Maneaba to preside over the Maneaba as Speaker and who shall have
the full
powers of the Speaker for that sitting.
(2)
The Speaker shall act as the Chairman of
a committee of the whole Maneaba.
(3)
The Speaker shall conduct and give
directives during the proceedings of the Committee of the Whole Maneaba.
(4)
It shall be the functions of the Speaker
to –
(a) direct all the
Members to follow the Rules of Procedure and the order of business
before them;
(b) conduct the
business of the Maneaba ni Maungatabu in compliance with these Rules;
(c) ensure that the
business of the Maneaba is completed within the time planned for each
sitting
day or for each meeting; and
(d) in keeping with (c)
above, ensure that
the different sides of the Maneaba have a say in whatever is being
deliberated
upon even if it means limiting the number of spokespersons from each
side of
the Maneaba.
9. DUTIES OF THE
CLERK
(1)
The Clerk or any other officer of the
Maneaba authorized by him shall keep minutes of proceedings of the
Maneaba,
committees of the whole Maneaba, Public Accounts Committee and other
Committees
established by the Maneaba.
(2)
Subject to Rules 25, 30, 34, 36, 37, 52
and other relevant Rules, the Clerk shall receive all items submitted
in
writing by members for inclusion in the business of the Maneaba and
shall
forward them to the Speaker for approval or otherwise in accordance
with these
Rules.
(3)
The Clerk shall submit the minutes of
each sitting of the Maneaba to the Speaker for his approval and shall
then
distribute copies to Members. The minutes shall include also a record
on the
attendance of members, names of those who are ordered to withdraw from
the
Maneaba and the Rules breached.
(4)
The Clerk shall prepare from day to day
an Order Book showing all future business of which notice has been
given and
which the Speaker has approved for inclusion in the business of the
Maneaba.
(5)
The Clerk shall ensure that the Order
Book is open for inspection by any Member during reasonable hours.
(6)
The Clerk shall, upon receipt of items
from Members and approval of the Speaker for such items, prepare Notice
Papers
containing such items and shall also ensure that copies of such Notice
Papers
are received by each Member.
(7)
The Clerk shall, not later than 12 hours
before each sitting, provide every Member with a copy of an Order Paper
containing the business to be transacted at such sitting.
10. PARLIAMENTARY
COUNSEL
There
shall be a position of a Parliamentary
Counsel whose role, among other things, is to provide legal advice to
the
Speaker and to private Members during all sittings of the Maneaba and
to
provide assistance to private Members in the drafting of Bills and
amendments
to Bills.
11. SERGEANT-AT-ARMS
(1)
There shall be a Sergeant-at-Arms who
shall be a police officer.
(2)
The Sergeant-at-Arms is responsible for
the safety of the Speaker and the Members and shall carry out the order
of the
Speaker for the orderly conduct of the Maneaba.
12. LANGUAGE
(1)
The Hansard record of the Maneaba shall
be in Kiribati only but the notice paper, the order paper, the minutes
of each
sitting day may appear in both Kiribati and English.
(2)
A Member shall address the Maneaba in
Kiribati at all times.
(3)
Whenever there is a conflict in meaning
between the Kiribati and the English text of the documents mentioned in
Sub-Rule (1) of this Rule the Kiribati text shall prevail.
13. LEADER OF THE OPPOSITION
(1)
The Leader of the largest party in terms
of its parliamentary membership which is not in Government or in
coalition with
a Government is entitled to be recognized as a Leader of the Opposition.
14. COMMENCEMENTS AND CONCLUSION OF MEETINGS
(1)
There shall be at least three meetings of
the Maneaba each year (excluding Special Meetings summoned under Rule
15) and
each meeting shall sit for two weeks. Subject to the provisions of the
Constitution and Rule 15, the House shall meet during the following
months of
the year: March – April, August – September and November – December.
(2)
The Speaker shall be responsible for
summoning the Maneaba and appointing a time and a place for meeting in
accordance with the Constitution and these Rules.
(3)
Notice of a meeting of the Maneaba shall
be given by the Clerk to Members at least twenty one clear days before
the
meeting is to commence.
(4)
Before the commencement of any meeting of
the Maneaba, except for the meeting of the new Maneaba under Rule 22,
Members
may arrive in Tarawa, or whichever island the Speaker has appointed to
be the
venue for the meeting, not earlier than 14 days, inclusive of weekend
days and
public holidays, before the first sitting day of the meeting.
(5)
A meeting of the Maneaba shall adjourn
sine die by a resolution of the Maneaba on a motion moved by the
Beretitenti or
a Minister.
15. SPECIAL MEETING OF THE MANEABA
(1)
The Beretitenti or one-third of the
Members of the Maneaba may, subject to the Constitution and these
Rules, advise
the Speaker to summon the Maneaba at any time.
(2)
The Speaker, acting upon the advice of
the Beretitenti and after consultation with the Leader of the
Opposition, may
in case of a period of public emergency defined in Rule 3(2), dispense
with
such notice and call for the meeting at the earliest time convenient.
16. PRAYERS
Upon
taking the Chair at the commencement of
each sitting, and a quorum of Members being present the Speaker reads
the
Prayer in the following terms -.
‘Te Atua ae moan te
maaka ao akea tokim, ti kakoaua ma te nanorinano kainnanoan am kairiri
iaon
karaoan tibangara. Buokira ba ti na katikui baai ake a kaeti ma oin
narora n
tatabemanira nako ao ti na kakaraoa are nanom ibukin kabwaiaia kain
Kiribati.
Ti butiko ba ko na raonira n ara waaki ni karaoi tabera n te Maneaba ni
Maungatabu aei ibukin ara botannaomata ba e aonga ni kateimatoaki te
rau ao te
eti ibukin neboakin mimitongin aram ae tabu.Ti a kaniiko n aikai iroun
Iesu
Kristo ae ara Uea. Amen'
17. DAYS AND HOURS OF SITTING
(1)
During a meeting the Maneaba shall sit
daily from Monday to Friday unless it has decided otherwise on a motion
moved
by a Minister. This Rule does not preclude the Maneaba from commencing
a
Meeting on a weekday other than a Monday.
(2)
Unless the Speaker otherwise directs, all
sittings shall be conducted from 10 a.m. to 12.30 in the morning and
from 2
p.m. to 4 p.m. and from 4.30 p.m. to 6 p.m. depending on how Rule 18
and
sub-Rules (3), (4) and (5) of this Rule are applied.
(3)
At 6 p.m. the business shall be
interrupted by the Minister and if the Maneaba is in committee the
Maneaba
shall resume:
Provided
that –
(a) If the Speaker
is of the opinion that the business then before the Maneaba could
be
concluded by a short deferment of the interruption he may so defer it.
(b) If a division is
in progress the business shall not be interrupted until after the
result of the
division has been declared.
(4)
Save as provided in Rule 18, there shall
be no further business after the interruption.
(5)
The Speaker at any time without putting
any question may suspend a sitting for such period as he may determine
and
shall suspend the sitting as provided in Sub-Rule 7 (3).
(6)
In accordance with Rules 7 (5) and Rules
18, 19 and 48 the Speaker may adjourn the Maneaba without question put.
18. PROCEDURE ON ADJOURNMENT
(1)
After the interruption of business under
Sub-Rule 17 (3) or at the conclusion of the business on the Order
Paper,
whichever is earlier, a Minister shall move - That the Maneaba shall
now
adjourn. This motion is open to debate, provided that:
(a) on the question
for the adjournment of the Maneaba, a member shall be allowed a maximum
of 5
minutes speaking time, matters not relevant to the question may be
debated;
(b) the motion for
the adjournment of the Maneaba may not be amended; and
(c) when the
interruption referred to in Sub-Rule 17 (3) has been made at or after 6
p.m.
the Speaker shall, after the expiration of half an hour after that
interruption, adjourn the Maneaba without putting any question.
19. QUORUM
(1)
The quorum of the Maneaba will be the
number of Members that is one less than half of the total number of
Members of
the Maneaba, or in the event of an odd number of Members, one less than
the
closest number that is below one half.[5]
(2)
If objection is taken by any Member that
there are present in the Maneaba or in a Committee of the whole Maneaba
less
than the quorum, the Speaker shall direct absent Members to be summoned.
(3)
After the direction to summon Members is
given in the Maneaba and a quorum is not then present the Speaker shall
adjourn
the Maneaba to the next sitting day.
(4)
When the direction to summon Members is
given in Committee of the whole Maneaba the Speaker after an interval
of five
minutes shall count the Committee and if a quorum is not then present
the
Maneaba shall resume and the Speaker shall count the Members present
and –
(a) if a quorum is
then present the Maneaba shall again resolve itself into Committee;
(b) if a quorum is
not then present the Speaker shall adjourn the Maneaba to the next
sitting day.
(5)
If from the number of Members taking part
in a division (including those who abstained from voting) it appears to
the
Speaker that less than a quorum is present he shall declare the
division
invalid and the question on which it was held shall stand over and the
procedure prescribed by Sub-Rule (2) and (3) of this Rule shall be
followed.
20. DISSOLUTION
The
Maneaba will be dissolved only in the
event that –
(a) the Maneaba has
completed a full term of four years from the first meeting of the
Maneaba
following a general election; or
(b) the Maneaba
makes a resolution passed by a majority of all the Members to such
effect in
accordance with section 78 (1)(a) or section 78( l)(b) of the
Constitution.
21. PRESENTATION OF THE MACE
(1)
At the commencement of each meeting of
the Maneaba, the conch shell shall be blown 2 minutes before the
Sergeant-at-Arms proceeds to the Chamber carrying the Mace followed by
the
Speaker and the Clerk.
(2)
As the Speaker enters the Chamber,
Members and other persons in the Chamber and in the public gallery
shall rise
and shall remain standing until the prayer has been said.
(3)
The Mace shall be placed on the top
brackets of the Speaker's table when the Speaker takes the chair.
(4)
When the Maneaba is in Committee, the
Mace shall be removed by the Sergeant-at-Arms from the top bracket of
the
Speaker's table and shall be placed on the lower bracket until the
Committee
stage is over.
(5)
At the end of the last sitting day
meeting of the Maneaba, the conch shell shall be blown and the
Sergeant-at-Arms
shall remove the Mace from the Speaker's table and proceed from the
Chamber
followed by the Speaker and the Clerk to the Speaker's office. It shall
be the
duty of the Clerk to return the Mace to the Speaker's office for
safekeeping.
(6)
As the Speaker leads the procession out
of the Maneaba, Members and other persons in the Chamber and public
gallery
shall rise and shall remain standing until the Speaker has left the
Chamber and
the public gallery.
22. PROCEEDING AT FIRST MEETING OF
A SESSION
At
the first meeting of the Maneaba following
a presidential election Members assemble together in the Chamber at the
time
appointed –
(1)
The Speaker reads the Prayers prescribed
in Rule 16.
(2)
After Prayers Members who have not yet
made an oath of allegiance shall do so.
(3)
The Beretitenti may then address the
Maneaba.
(4)
Immediately after the Beretitenti has
delivered his speech the sitting shall be adjourned until such day as
the
Speaker may determine, but the day shall not be within two days after
the
adjournment.
(5)
On the day the Maneaba next meets a
motion may be moved without notice in the following form:
"That an
address, be presented to the Beretitenti as follows –
We the
Maneaba ni Maungatabu of Kiribati beg leave to offer thanks for the
speech
which you have addressed to the Maneaba".
(6)
Debate on the motion shall not be limited
to the terms of the motion but may range over the political, economical
and
social conditions of Kiribati.
(7)
Amendments may be moved to the motion
only by way of adding words at the end of the motion.
23. ORDERS OF BUSINESS AT OTHER
SITTINGS
Subject
to these Rules the business of each
sitting other than the first sitting of a session shall unless the
Speaker
otherwise directs be transacted in the following order –
(a) Prayers
(prescribed in Rule 16).
(b) Oaths of
Allegiance
(c) Announcements by
the Speaker
(d) Obituary and
other ceremonial speeches
(e) Petitions
(f) Order of
Government Business
(g) Papers
(h) Statements
(i) Questions
(j) Bills and
Motions
(k) Topic
24. ARRANGEMENT OF
BUSINESS
(1)
Unless otherwise ordered by the Speaker
or as provided in Sub-Rules (2), (3) and (5), of this Rule Government
business
shall, on each day of sitting, have precedence over all other
businesses except
that on Wednesdays and Fridays private Members Bills, motions,
questions or
other business shall have precedence over Government business.
(2)
The Speaker may, after consultation with
the Beretitenti and with the agreement of the sponsor of a Bill or the
Member
in charge of a motion, allow private Members' Bills and motions to be
considered by the Maneaba on any day on which Government business has
precedence over all other businesses and the Government's business has
been
concluded on that day.
(3)
A motion to consider and accept a report
of a Standing Committee or a Select Committee, other than the Public
Accounts
Committee, may, with the approval of the Speaker, be included in the
business
of the Maneaba on private Members' day and on any day on which
Government
business has precedence over all other business and such business has
been
concluded on that day.
(4)
A motion in relation to a report of the
Public Accounts Committee may not be moved prior to the day following
the
tabling and distribution of the Government's response to the report to
Members.
(5)
A motion in relation to:
(a) a report of the
Public Accounts Committee, and/or
(b) the Government's
response to that report of the Public Accounts Committee
that
is accepted by the Speaker and of which
at least one day's notice has been given (notwithstanding the
provisions of
Rule 37), shall have precedence over other Bills and motions in the
order of
business of the Maneaba on the third day following the tabling and
distribution
of the Government's response .
25. PRESENTATION OF PETITIONS
(1)
A private Member, on his own behalf or on
behalf of his constituency or other members of the public, may, on a
matter of
concern that requires that the attention of the Government or a public
response, present a petition to the Maneaba.
(2)
Every petition shall be signed at the
beginning thereof by the Member in charge of it and shall be deposited
with the
Clerk for the Speaker's approval.
(3)
No petition shall be received by the
Maneaba until it has been approved by the Speaker and endorsed by the
Clerk "passed
by the Speaker".
(4)
The Speaker shall not approve a petition
unless –
(a) it is addressed
to the Maneaba;
(b) it is properly
and respectfully worded;
(c) it has at
least
one signature and the address of the person signing on the sheet on
which the
prayer of the petition appears and has at least the prayer at the head
of each
subsequent sheet of signature;
(d) in his opinion
it conforms to these Rules.
(5)
No speech shall be made by a Member
presenting a petition beyond a summary statement of the number and
description
of the petitioners and the substance of the petition.
(6)
All petitions presented to the Maneaba
shall be ordered to lie upon the table without question proposed or put
unless
the Member presenting it moves that it be referred to a Select
Committee in
which case that motion shall be decided forthwith without amendment or
debate.
26. TABLING OF
PAPERS
(1)
Papers may be tabled in the Maneaba with
a short explanatory statement of its contents by the Speaker, a
Minister, or a
Member. Reports of a Committee may be tabled in the Maneaba by the
Chairman of
the particular Committee.
(2)
Where a Minister or a Member, apart from
the Speaker, wishes to table a paper in the Maneaba under this Rule,
the
Speaker may reject any such paper if in his opinion such paper
contravenes
these Rules, the Constitution or is otherwise defamatory.
(3)
The tabling of papers shall be entered
into the minutes of the proceedings.
(4)
All papers tabled in the Maneaba shall be
laid upon the Table by the Clerk.
27. NATURE OF QUESTIONS
A
private Member may address a question to
the Government relating to a public matter –
(a) for which the
Government is responsible; or
(b) concerning any
body established by or under an Ordinance or Act.
28. QUESTIONS DAY
(1)
Questions may be asked on any sitting day
except on the first day of a session.
(2)
On any day not more than twenty oral
questions shall be asked.
(3)
Subject to Rule 29 no questions shall be
taken after 12.30 p.m. except questions which have not been answered in
consequence of the absence of the Minister to whom they are addressed,
and
questions which have not appeared on the Order Paper but which are in
the
Speaker's opinion of an urgent character and relate either to matters
of public
importance or to the arrangement of business.
29. QUESTIONS NOT REACHED ON
ANYSITTING DAY
(1)
Any question or questions contained in
the Order Paper which have not been covered or dealt with by 12.30 pm
on any
sitting day of the Maneaba may be taken again and dealt with by the
Maneaba on
that day after the conclusion of all other business of the Maneaba as
contained
in the Order Paper for that day.
(2)
Any question or questions not covered or
dealt with on that day shall appear on the next day's business.
30. NOTICE OF QUESTIONS
(1)
Except under Rule 34 or, with the
permission of the Speaker under Rule 31, a question shall not be asked
without
notice.
(2)
A Member shall give notice of a question
by delivering a signed copy thereof to the Clerk not less than 5 clear
days
before the day on which the answer is required but no later than 4 p.m.
on the
fourth sitting day of a meeting of the Maneaba.
(3)
Answers to oral questions to which notice
had been given are to be submitted to the Clerk no later than 4 p.m. on
the
eighth sitting day of a meeting of the Maneaba.
In
the case of written questions, answers are
to be submitted to the Clerk no later than the last day of the meeting.
(4)
The question and reply shall be entered
in the minutes of the proceedings.
(5)
A Member shall not ask more than 7
questions for oral answer and 10 questions for written answer at a
meeting.
31. QUESTIONS WITHOUT NOTICE
(1)
Subject to Sub-Rule (2) of this Rule, a
Member may, with the permission of the Speaker, on a Wednesday at a
meeting,
ask no more than one question at a meeting without notice. The question
shall
be of an urgent nature and relate to matters of public importance to
the
Nation; and
(2)
The Speaker may permit the question to be
asked without notice if he is satisfied that the question is of an
urgent
nature and that sufficient private notice of the question has been or
is to be
given by the Member to the Minister concerned to enable the question to
be
answered.
32. CONTENTS OF QUESTIONS
(1)
A question shall not –
(a) contain a
statement which the Member who asks the question is not prepared to
substantiate;
(b) contain argument
or opinion;
(c) ask a Minister
an expression of opinion;
(d) ask a Minister
for a legal opinion;
(e) refer to debates
in the current session;
(f) refer to
proceedings in a committee before that committee has made its report to
the
Maneaba;
(g) seek information
about a matter which is of its nature secret;
(h) reflect on the
decision of a court of law or be likely to prejudice a case pending in
a
court of law;
(i) be asked about
the character or conduct of any person mentioned in Sub-Rule (6) of
Rule 44 or
of any other person except in his official or public capacity;
(j) contain a
reference to more than one subject or be of excessive length;
(2)
An answer shall be relevant to the
question.
(3)
Any oral question answered, but not dealt
with in the Maneaba, may be asked again at a subsequent meeting.
(4)
If the Speaker is of the opinion that a
question infringes Rule 27 he may –
(a) direct that it
be placed on the Order Paper with such alterations as he may determine;
or
(b) refuse the
question and direct that the Member concerned be informed that it is
out of
order.
(5)
The Speaker may use his discretion to
disallow questions if he is of the opinion that the information sought
is
conveniently and satisfactorily available outside the Maneaba.
33. ASKING AND ANSWERING OF QUESTIONS
(1)
When each question is reached on the
Order Paper the Speaker shall call the Member in whose name the
question stands
and the Member shall rise and read his question as it appears on the
Order
Paper.
(2)
Any private Member may ask a
supplementary question for the purpose of elucidating any matter of
fact
regarding which an answer has been given but not for the purpose of
introducing
matters not related to the original question:
Provided
that the maximum number of
supplementary questions relevant to the original question shall be
three.
(3)
Questions shall not be debated.
34. QUESTIONS NOT REACHED ON THE LAST DAY OF
A MEETING
(1)
At 12 p.m. on the last sitting day of a
meeting of the Maneaba, if a Minister has not provided an answer to a
question
(oral or written) of which notice has been given to the Clerk, the
Member who
asked the question may address a question without notice to the
Minister
seeking an explanation as to why an answer has not yet been provided.
(2)
The Clerk shall also print in the
Journal, on a separate page, the terms of any question and its response
where
the response has been provided to him and which have not been dealt
with in the
Maneaba by the time the Maneaba has adjourned on the last day of a
meeting.
(3)
Any question, notice of which has been
given and to which the Minister has not provided an answer to the Clerk
when
the Maneaba has adjourned on the last day of a meeting, shall, unless
the
question has been withdrawn, be printed by the Clerk in the Journal.
35. STATEMENT BY MEMBERS
(1)
Any Member wishing to make a statement
must obtain approval of the Speaker no later than 4.15 p.m. the day
before the
statement is to be made in order for the Clerk to indicate on the Order
Paper
the name of the Member wishing to make a statement and the subject of
the
statement.
(2)
Contents of statements shall be confined
to subject matters of national importance.
(3)
The introduction of the statement shall
not exceed 5 minutes.
(4)
No debate may arise on such statement but
the Speaker may allow not more than 5short questions to be put to the
Member
making the statement for the purpose of elucidating it.
36. TOPICS
(1)
A private Member may present a topic in
the Maneaba relating to a specific matter of public importance which
requires a
response from Government.
(2)
Except with the leave of the Speaker a topic
shall not be presented without notice.
(3)
A Member shall give notice of a topic by delivering
a signed copy not later than three clear days before the sitting day on
which
it is to be presented.
(4)
A Member shall not present more than
three topics at a meeting.
(5)
A topic shall not –
(a) contain a matter
which can not be substantiated;
(b) contain argument
or opinion;
(c) refer to
proceeding in a committee before that committee has made its report to
the
Maneaba;
(d) reflect on the
decision of a court or be likely to prejudice a case pending in a court
of law;
(e) be about the
private character or conduct of any person mentioned in Sub-Rule (6) of
Rule 44
or any other person except in his official or public capacity;
(f) be open to
debate;
(g) be vague and
ambiguous so as to make it difficult for Government to prepare a
response.
37. NOTICE OF MOTIONS AND
AMENDMENTS
(1)
Except as otherwise provided in these
Rules no motion shall be moved unless notice of it has been given not
less than
three clear days before that on which the motion is to be considered by
the
Maneaba or Committee thereof, except that a motion of no confidence
requires
five clear days notice.
(2)
Except as otherwise provided in these
Rules no amendment shall be moved to a motion unless –
(a) notice of the
amendment has been given not later than the day before that on which
the motion
concerned is to be considered; or
(b) the Speaker
gives leave to dispense with notice of the
amendment.
(3)
Notice of motion or amendment shall be
submitted to the Speaker who shall direct –
(a) that it be
printed in the same terms within two days of receipt; or
(b) that it be
returned to the Member signing it within two days as being in the
Speaker's
opinion out of order.
(4)
Subject to Sub-Rule (5) of this Rule a
Member may move up to four motions at a meeting.
(5)
Other motions seeking acceptance,
approval or endorsement of a report or recommendations of a Standing or
Select
Committee or as provided by Rule 24 (5) may, with the consent of the
Speaker,
be moved not withstanding Sub-Rule (4) of this Rule.
38. CONTENTS OF MOTIONS
(1)
A motion is a proposal made to the
Maneaba by a Member that the Maneaba do something, order something to
be done
or express an opinion with regard to some matter. It must be phrased in
such a
way that, if passed, it will purport to express the judgment or will of
the
Maneaba.
(2)
A motion shall not be on a subject, which
relates to the interests of one island constituency only. Motions
should
concern subjects of national importance.
(3)
Subjects which concern constituency,
island and parochial matters should be raised in the form of a question.
(4)
The Speaker may in his discretion
disallow any motion or amendment which is the same in substance as any
question[6]
which, during the same session, has been resolved in the affirmative or
negative.
(5)
The Maneaba shall not proceed upon any
motion which in the opinion of the Speaker contravenes section 68(2) of
the
Constitution.
(6)
No motion shall contain or deal with more
than one subject matter at the same time.
39. MANNER OF DEBATING
(1)
A Member called upon by the Speaker to
move a motion shall rise and move the motion, stating its term, and
shall then
make such remarks as he may wish.
(2)
When a motion has been moved, the Speaker
shall propose the question thereon and debate may then take place on
that
question.
(3)
The Speaker shall ensure that the debate
is objective, factual and respectful of the Maneaba and may exclude a
Member
from a debate or a sitting, depending on the Speaker's determination as
to how
far such Member has breached this Sub-Rule.
(4)
A Minister shall have the first right of
reply to any motion and amendments to a motion on a subject for which
he is
responsible.
(5)
Amendments of which notice has been given
or dispensed with may be moved to a motion at any time after the
question
thereon has been proposed.
(6)
After all the amendments have been
disposed of, the Speaker shall, if the case so requires, propose the
question
on the motion as amended and further debate may take place.
(7)
No Members shall speak more than once on
a motion or an amendment to a motion apart from the mover who can speak
first
and last on the motion or the amendment to the motion which he has
moved or as
provided in Rule 41 (7).
(8)
When all actions required by Sub-Rules
(2), (4), (5) and (6) of this Rule have been completed, the Speaker
shall call
on the mover of the motion to sum up. After the mover of the motion, or
amendment thereto, has summed up no one else may speak and the Speaker
shall
put the question on the motion or on the motion as amended, whichever
is
applicable.
40. WITHDRAWAL OF MOTION AND AMENDMENT
(1)
Notice of a motion or amendment to a
motion may be withdrawn at any time before it is moved if the Member in
whose
name the motion or amendment stands gives instructions to that effect
to the
Clerk.
(2)
A motion or an amendment to the motion
which has been moved may be withdrawn at the request of the mover
before the
question is fully put thereon, if there is no dissenting voice.
41. TIME AND MANNER OF SPEAKING
(1)
A Member shall speak standing and shall
address his observations to the Speaker.
(2)
No Member shall use offensive, rude or
obscene languages when making speech.
(3)
If two or more Members raise their hands
at the same time to speak the Speaker shall select one of these Members
in
accordance with Rule 8 (4) (d) and call on him to speak.
(4)
When a Member has finished speaking he
shall sit down and any other Member wishing to speak shall raise his
hand.
(5)
A Member shall, wherever possible avoid
referring to another Member by name.
(6)
A Member may read extracts, books
or papers in support of his argument and refresh his memory by
reference to
notes.
(7)
A member who has spoken to a motion or
amendment may again be heard, briefly, to explain some particular part
of his
speech which has been misquoted or misunderstood, but shall not
introduce any
new matter. The Member seeking to make an explanation must do
so at the conclusion
of the Member's speech in question (or between speeches later in the
debate)
and not interrupt the Member speaking. No debatable matter shall be
brought
forward nor any debate arise on such an explanation and the Member
making the
explanation shall resume his seat immediately if directed to do so by
the
Speaker.
(8)
Immediately before the question is put to
the Maneaba or a Committee of the whole the Speaker shall call on the
mover of
the motion or amendment to reply if he wishes.
(9)
No Member other than the mover of the
motion or amendment shall without leave of the Speaker speak on a
question
after the Speaker has called on the mover under Sub-Rule (8) of this
Rule.
(10)
No Member shall speak on a question
after it has been fully put by the Speaker to the Maneaba or a
Committee of the
whole for decision
42. INTERRUPTIONS
(1)
A Member shall not interrupt another
Member except by rising to a point of order when the Member speaking
shall sit
down and the Member interrupting shall direct attention to the point
which he
wishes to bring to notice and submit it to the Speaker who shall make a
decision.
(2)
A point of order so raised shall –
(a) not be used as
an opportunity to debate further; and
(b) draw the
attention of the Maneaba to any breach of the Rules of Procedure;
43. DEFERMENT OF FURTHER DEBATE OR
PROCEEDINGS
(1)
A Member who has yet to speak on a
question proposed by the Speaker in the Maneaba may move without notice
that
further debate be deferred and thereupon the question on the motion
shall be
put and determined without amendment or debate.
(2)
If a motion under Sub-Rule (1) is agreed
to, the debate on the question then before the Maneaba shall stand
deferred and
the Maneaba shall proceed on the next item of the business.
(3)
If a motion under Sub-Rule (1) is
negatived the debate on the question then before the Maneaba shall be
continued
and no further motion for deferment shall be moved during that debate
except by
a Minister.
(4)
In like manner when the Maneaba is in
Committee a Member may move that further proceedings of the Committee
be
deferred and if the motion is agreed to the Maneaba shall resume, but
if it is
negatived the Committee shall continue its proceedings.
(5)
Whenever proceedings are deferred under
this Rule they shall be set down on the Order Paper for continuation at
a time
to be fixed pursuant to Rules 23 and 24.
44. CONTENTS OF SPEECHES
(1)
A Member shall restrict his observations
to the subject under discussion and it shall be out of order to
introduce matters
irrelevant to the subject, in which case the Speaker may discontinue
the Member's
speech. If the Member persists in introducing irrelevant matters the
Speaker
may exclude him from the debate or order him to leave the Maneaba
Chamber.
(2)
Reference shall not be made to a case
pending in a court of law in such a way as might in the opinion of the
Speaker
prejudice that case.
(3)
It shall be out of order to attempt to
reconsider a specific question in which the Maneaba has taken a
decision during
the current meeting except on a substantive motion to rescind that
decision
made with the permission of the Speaker.
(4)
It shall be out of order for a Member to
use insulting and offensive language about any Member of the Maneaba.
The
Speaker shall warn the Member and if the Member continues to do so the
Speaker
may exclude him from the debate or may order such Member to leave the
Maneaba
Chamber depending on the Speaker's determination of the seriousness of
the
breach.
(5)
A Member shall not impute improper motives
to another Member.
(6)
The character or conduct of the Chief
Justice, Speaker, Member of the Maneaba, Judges and the Public Service
Commission shall not be raised, except in their official or public
capacity.
(7)
If a Member speaks using insulting and offensive
language against
the Speaker, the Speaker shall warn him, but if a Member continues to
do so the
Speaker shall order him to leave the Chamber.
45. LENGTH OF SPEECHES
(1)
A Member moving a motion or initiating a
topic shall be allowed a maximum of 20 minutes speaking time. Other
Members
wishing to speak on a motion or a topic shall be allowed a maximum of
15
minutes for a motion and 10 minutes for a topic. Subject to Sub-Rule
(2) of
this Rule, the mover of the motion when called upon to sum up shall be
allowed
a maximum of 10 minutes.
(2)
A Minister shall be given 15 minutes to
reply to the mover of a motion and 10 minutes in respect of a topic.
(3)
Where the Government in reply to the
mover has included support for a motion or a topic moved or presented
by a
private Member, Members other than the mover and the Minister speaking
in reply
to the mover shall be allowed a maximum of 5 minutes for a motion and 5
minutes
for a topic. Subject to Sub-Rule 2 of this Rule, the mover
for the motion
when called upon to sum up shall be allowed a maximum of 10 minutes.
When
the Government has not indicated support
for a motion or topic, the normal Rules will apply.
(4)
The Clerk shall ring a warning bell
or buzz 2 minutes before a Member's speaking time expires and another
bell
shall be sounded at the expiration of his stipulated speaking time.
(5)
Any time taken pursuant to Rule 42 of
these Rules shall not be counted.
(6)
A Member, other than a member in charge
of a Bill, a Development Budget and a report of the Government or a
committee
of the Maneaba, shall be allowed no more than 30 minutes.
(7)
A member shall be allowed no more than 5
minutes on the question for the adjournment of the Maneaba.
46. BEHAVIOUR OF MEMBERS NOT
SPEAKING
During
a sitting –
(a) Members shall
enter or leave the Chamber of the Maneaba with decorum;
(b) Whenever a
Member or the Speaker is speaking, all other Members shall be silent
and any
Member who contravenes this Rule shall be cautioned by the Speaker,
but, if
such Member continues to ignore such caution in the same sitting, the
Speaker
may order him to leave the Maneaba Chamber; and
(c) With the
permission of the Speaker and subject to any conditions set by the
Speaker,
Members who are not speaking may use laptop computers in the Chamber,
provided
their use is not disruptive to the proceedings of the Maneaba or in any
way
disorderly and their use is restricted to assisting the member in the
business
of the Maneaba.
47. DECISION OF CHAIR FINAL
(1)
The Speaker shall be responsible for the
observance of the Rules of order both in Maneaba and in Committee of
the whole
Maneaba.
(2)
The Speaker's decision on a point of
order shall be final.
48. ORDER IN THE MANEABA AND IN
THE COMMITTEE
OF THE WHOLE
(1)
If a Member persists in irrelevance or
tedious repetition of his own or other Members arguments the Speaker
may direct
him to discontinue his speech if it is just and proper in the
circumstance.
(2)
When the conduct of a Member is of a
grossly disorderly nature, the Speaker shall order the Member to
withdraw
immediately from the Chamber and the Sergeant-at-Arms shall act on such
orders
as he receives from the Speaker in pursuance of this Rule.
(3)
Any Member who is ordered to leave the
Maneaba Chamber under Rules 39, 44, 46 and this Rule shall be suspended
for 24
hours on the first occasion; three consecutive sitting days including
the day
of suspension on the second occasion during the same year or on the
fourth
occasion during the same term; ten consecutive sitting days including
the day
of suspension on the third occasion during the same year or the sixth
occasion
during the same term; three consecutive meetings on the fourth occasion
during
the same year or the eighth occasion during the same term; and the
remainder of
the term on the fifth occasion during the same year or the tenth
occasion
during the same term.
(4)
A Member on retaking his seat after a
period of suspension shall, at the first day of retaking his seat, make
a brief
statement of apology to the Maneaba and the Speaker.
(5)
The Speaker may, where he is of the
opinion that a serious disorderly situation has arisen in the Maneaba,
suspend
a sitting for such periods as he may determine or adjourn the Maneaba
to the
next sitting day.
(6)
The Speaker shall without notice order a
Member who behaves in a disorderly manner under the influence of
alcohol to
leave the Chamber.
49. DECISION ON QUESTION
(1)
Subject to Sub-Rules (2) and (3) of this
Rule, Sub-Rules 53 (5) and (6) and the provisions of the Constitution[7]
all questions put to the Maneaba or a Committee of the whole Maneaba
for its
decision shall be decided by a majority of the votes of the Members
presenting
and voting.
(2)
In the case of a motion of no confidence
in the Beretitenti or the Government, the question put on such motion
shall be
decided by the votes of a majority of all the Members of the Maneaba.
(3)
In the case of a Bill to alter the
Constitution, the provisions of section 69 of the Constitution shall be
followed except for a Bill relating to the right of Banabans under
Chapter III
and IX of the Constitution, in which case section 124 of the
Constitution is
applicable.
(4)
The person presiding shall have neither
an original nor a casting vote unless he is a Member, in which case he
shall
not have an original vote but shall have and exercise a casting vote if
on any
question the votes are equally divided.
50. COLLECTION OF VOICES
(1)
When the Speaker puts a question to the
Maneaba or to a Committee of the whole Maneaba for its decision he
shall first
call on those Members who are in favour of the question to say "Aye"
and then upon those who are against to say "No".
(2)
According to his judgment of the number
of voices on either side the Speaker may then state that he thinks the Ayes
have
it or that he thinks the Nays have it, as the case
may be.
(3)
The Speaker shall conduct a division if –
(a) he is unable to
judge the preponderance of votes on either side; or
(b) a Member
challenges the judgment of the Speaker under Sub-Rule (2) of this Rule.
(4)
If on any question the votes are equally
divided and the Speaker is presiding, the Speaker shall declare that
the Noes
have it.
51. DIVISION
(1)
Subject to Sub-Rule (2), when a division
has been ordered the votes shall be taken by the Clerk who will ask
each Member
separately in alphabetical order how he wishes to vote. Each Member
asked shall
be addressed as an Honourable Member.
(2)
The votes shall not be taken under
Sub-Rule (1) unless the Clerk has first sounded the division bell or
buzz for
two minutes or, if no division bell or buzz is available, at least two
minutes
have elapsed since the division was ordered.
(3)
A Member shall upon his name being called
give his vote by saying "Aye" or "No" or
by
expressly stating that he abstains from voting.
(4)
As soon as the Clerk has taken the votes
the Speaker shall state the number and names voting for the "Ayes
",
the number and names voting for the "Noes ", the
number and
names abstaining, and the number and names absent during the division
and shall
then declare the result of the division.
52. PUBLICATION AND PRESENTATION OF BILLS
(1)
No Bill shall be presented to the Maneaba
if the Bill and Explanatory Memorandum are not submitted 25 days before
the day
on which the Bill is to be presented to the Maneaba and then published
in such
manner as the Speaker may in each case direct; except that an
Appropriation
Bill or Bill or proposal dealing with taxation may be submitted to the
Maneaba
by a Minister without notice.
(2)
Copies of all Bills and explanatory
memoranda must:
(a) be printed in
English and each explanatory memorandum must also be printed in the
Kiribati
language, and
(b) be lodged with
the Clerk in paper and electronic form at the time of submission (or,
in the
case of an Appropriation Bill or Bill or proposal dealing with
taxation,
following their presentation.)
(3)
Immediately upon publication of the Bill
and its explanatory memorandum, copies thereof shall be sent by the
Clerk to
each Member and to each island council and town council in both paper
form and,
where possible, by electronic mail (email).
53. FIRST READING
(1)
Upon the presentation of a Bill the
Member in charge of it shall move that the Bill be read a first time
and may
give an exposition of its contents:
Provided
that in the case of the Bill which
in the opinion of the Speaker falls within the scope of Rule 59, the
motion
that the Bill be read a first time shall only be moved by a Minister.
(2)
There may then be a debate on the merits
and principles of the Bill.
(3)
No amendment shall be moved to the
question that the Bill be read the first time.
(4)
If the motion for the first reading of
the Bill is negatived no further proceedings shall be taken on that
Bill for
the rest of that session.
(5)
If the motion for the first reading of
the Bill is agreed to the Bill shall stand committed to a Committee of
the
whole Maneaba and shall not proceed earlier than the next meeting of
the
Maneaba or in the case of a Bill certified to be urgent by the
Beretitenti or
where by a majority of all the Members of the Maneaba expressly
resolves to
proceed with consideration of the Bill, consideration of the Bill shall
not
resume any earlier than the third day following the passage of the
first
reading.
(6)
After the first reading of a Bill the
Maneaba shall not proceed on any consideration of the Bill until the
next
meeting of the Maneaba unless the Bill in question has been certified
in
writing as urgent by the Beretitenti or unless, the by a majority of
all the Members,
the Maneaba expressly agrees to proceed with the consideration of the
Bill.
(7)
The Beretitenti must give at least one
day's notice of his intention to certify a Bill as an urgent Bill.
(8)
Where a Bill has been certified as
urgent, and before it is proceeded with at the Committee Stage, the
Beretitenti
shall give reasons in writing for so certifying such Bill as urgent.
The
Beretitenti's explanation shall not be debated.
54. PROCEDURE IN COMMITTEE
(1)
When a Bill is being considered in
Committee of the whole Maneaba, Members shall not discuss the
principles of the
Bill but only the details.
(2)
The Bill shall be considered clause by
clause or if the Speaker finds it convenient by groups of clauses and
subject
to Sub-Rules (3), (4), and (5) a Member may propose such amendment to
the Bill
as he thinks fit.
(3)
All amendments to a Bill including new
clauses and schedules shall be relevant to the subject matter of the
Bill.
(4)
Notice of amendments proposed to be moved
to a Bill shall be given not later than the day before that on which
the Bill
is to be considered in Committee and except with the leave of the
Speaker no
amendment of which notice has not been so given may be moved to a Bill:
Provided
that amendments for the correction
of errors of oversight may be moved without notice.
(5)
An amendment which in the opinion of the
Speaker falls within the scope of Rule 59 shall only be moved by a
Minister.
55. SECOND READING
(1)
When all the proceedings on a Bill have
been concluded in Committee the Maneaba shall be deemed to have ordered
the
Bill to be set down for second reading and the order of the Maneaba
shall be so
recorded in the minutes of proceedings; and the Member in charge of the
Bill
may forthwith and without notice move the motion that the Bill be read
a second
time and do pass.
(2)
The motion that the Bill be read a second
time and do pass shall be decided without amendment or debate.
(3)
If the motion that the Billbe read a
second time and do pass is agreed to the Bill shall have been passed by
the
Maneaba and the Clerk shall read the short title of the Bill and shall
write at
the end of the Bill, "Passed by the Kiribati Maneaba ni
Maungatabu this
day…" giving the date.
(4)
If the motion that the Bill be read a
second time and do pass is negatived no further proceedings shall be
taken on
that Bill for the rest of the session.
56. WITHDRAWAL OF BILL
The
Member in charge of a Bill may at the
beginning but not after the commencement of the proceedings on the Bill
at a
sitting announce that he withdraws the Bill but may introduce it again
in a
future meeting within the period of twelve months of such withdrawal.
57. PRESENTATION OF BILLS FOR ASSENT BY THE
BERETITENTI
A
copy of every Bill passed by the Maneaba,
certified as a true copy by the Clerk, shall be submitted by the Clerk
to the
Beretitenti for his assent.
58.
ALTERATION OF CONSTITUTION
The
procedures spelled out under section 69
of the Constitution shall be followed for all constitutional amendments
Bills
except for a Bill relating to the right of Banabans provided for under
Chapter
III and IX of the Constitution in which case section 124 of the
Constitution is
applicable.
59. RESTRICTION ON PROPOSALS FOR
PUBLIC
EXPENDITURE
No
Bill may be introduced in the House, which
in the opinion of the Speaker, will increase taxation or call on public
revenue
except by or on the recommendation of the Cabinet signified by a
Minister as
provided for in the Constitution.
60. PRESENTATION AND FIRST READING OF
APPROPRIATION BILL
(1)
Any Bill containing the estimated
financial requirements for expenditure on all the services of the
Government of
Kiribati for the current or succeeding financial year shall be known as
an
Appropriation Bill and estimates containing the details of the said
financial
requirements shall be presented at the same time as any such Bill.
(2)
After the motion for the first reading of
the Bill has been proposed the debate thereon shall be deferred and
shall be
resumed not earlier than two days following.
(3)
The debate when resumed shall be confined
only to the financial and economic state of the country and the general
principles of Government policy and administration as indicated by the
Bill and
estimates.
(4)
The estimates shall upon presentation to
the Maneaba stand referred to a Committee of the whole Maneaba and the
Appropriation Bill upon being read a first time shall stand committed
to that
Committee.
61. PROCEDURE IN COMMITTEE ON APPROPRIATION
BILL
On
consideration of an Appropriation Bill in
Committee of the whole Maneaba the following Rules shall apply –
(a) the clauses of
the Bill shall stand postponed until after the consideration of the
schedule or
schedules;
(b) on consideration
of the schedules each vote of expenditure shall be considered with the
appropriate estimate and any reference in these Rules to an item means
an item
in estimate for the vote under discussion;
(c) on consideration
of a schedule the Speaker shall call the title of each vote of
expenditure in
turn and shall propose the question "That the sum of ……
dollars
for the……… stand part of the schedules" and unless an
amendment is
proposed a debate may take place on that question;
(d) a Member may ask
for clarification to be given on any item in the estimate for the vote
under
discussion;
(e) an amendment to
any vote of expenditure to increase the sum allotted thereto whether in
respect
of an item or of the vote itself may be moved only by a Minister;
(f) an amendment to
increase a vote shall take precedence over an amendment to reduce the
vote in
the same respect and if it is carried no amendment to reduce the vote
in that
respect shall be called;
(g) an amendment to
any vote of expenditure to reduce the sum allotted thereto may be moved
by any
Member;
(h) an amendment to
reduce a vote of expenditure without reference to an item therein shall
be in
order only if the vote is not divided into items;
(i) an amendment to
leave out or omit any matter shall not be in order;
(j) when all the
votes in a schedule have been disposed of the Speaker shall put
forthwith
without amendment or debate the question "That the Schedule
(as
amended) stand part of the Bill";
(k) when every
schedule has been disposed of the Speaker shall call successively each
clause
of the Bill and forthwith propose the question "That the
clause stand
part of the Bill" and unless a consequential amendment is
moved that
question shall be disposed of without amendment or debate;
(l) no amendment to
any clause shall be moved except an amendment consequential on an
alteration in
the total sum appropriated by a schedule and any such consequential
amendment
shall be moved only by a Minister and the question thereon shall
forthwith be
put without amendment or debate;
(m) when the
question on the last of any consequential amendment to a clause has
been
decided, the Speaker shall forthwith put the question, "That
the clause
as amended stand part of the Bill" and that question shall
be decided
without amendment or debate.
62. SUPPLEMENTARY APPROPRIATION
BILLS
(1)
If a Supplementary Appropriation Bill is
presented to the Maneaba, estimates containing the details of the
estimated
supplementary financial requirements contained in the Bill shall be
presented
at the same time.
(2)
The Maneaba shall proceed with every
Supplementary Appropriation Bill in the same manner that it is required
by
these Rules to proceed with an Appropriation Bill:
Provided
that debate on the motion for the
first reading of the Bill shall not be required to be deferred.
63. STANDING COMMITTEES
The
Maneaba may establish at the beginning of
each term more than one Standing Committee and shall assign the
function of
whatever Standing Committee it wishes to establish and, unless
otherwise
ordered in these Rules, appoint no less than three and no more than
five
Members to serve on such Committee for the whole term (and see Rule 68
(1)).
64. BUSINESS COMMITTEE
(1)
At the commencement of the first meeting
of a session, the Speaker shall nominate for approval by the Maneaba
the
Chairman and not less than three but not more than five Members of the
Business
Committee which shall be a standing committee of the Maneaba.
(2)
The Business Committee shall remain in
being for the full session unless earlier dissolved by the Maneaba.
(3)
The Business Committee shall perform the
duties assigned or referred to it by the Maneaba or under these Rules
including
the arranging of private Bills, motions and other business on the order
paper
for sitting days on which private items have precedence over Government
business.
(4)
A Minister cannot be a member of the
Business Committee but may take part in its deliberations and shall
have no
vote and cannot move any motion or amendment nor be counted in the
quorum.
65. PUBLIC ACCOUNTS COMMITTEE
(1)
The Speaker shall conduct an election by
the Maneaba of three Members of the Public Accounts Committee at the
first
meeting of each session[8]
or at the first meeting after the Members' 2 years term have expired.
The
Committee shall be a standing committee of the Maneaba.
(2)
A Member may propose the Chairman and
Members of the Public Accounts Committee.
(3)
The term of the Members of the Public
Accounts Committee is to be for 2 years and they shall cease to be
Members of
the Public Accounts Committee on the election of the new Members or on
the
dissolution of the Maneaba as the case may be.
(4)
The functions of the Committee shall be
to make recommendations to the Maneaba aimed at ensuring compliance
with
statutory requirements and good financial management practices and as
provided
for under the Constitution.[9]
In addition, the committee shall consider and report on any matter in
relation
to its functions that may be referred to it by the Maneaba. A reference
from
the Maneaba will take priority over other work of the Committee.
(5)
The committee shall focus on matters of
substance and report to the Maneaba on each of its inquiries with
reasoned
conclusions and recommendations.
(6)
The Government shall table a report to
the Maneaba in response to the recommendations of each report of the
Committee
on the first day of sitting of the following meeting of the Maneaba.
66. MANEABA PRIVILEGES COMMITTEE
(1)
The Speaker after the election of the
Public Account Committee shall conduct the election of the Privilege
Committee
which shall not exceed five members and which shall be a standing
committee of
the Maneaba.
(2)
A Member may propose the Chairman and
Members of the Privilege Committee.
(3)
The Committee shall consider and report
on any matters referred to it by the Maneaba ni Maungatabu relating to
or
concerning parliamentary privilege.
67. SELECT COMMITTEES
(1)
All Select Committees shall be appointed
on motions approved by the Maneaba and shall consider matters which the
Maneaba
may refer to such Committees.
(2)
A Member wishing to establish a Select
Committee shall give notice of the names of the Chairman and Members
whom he
propose to be Members of the Committee and indicate their agreement to
serve on
the Committee.
(3)
A Select Committee shall, as soon as it
has completed considering the matter referred to it, report to the
Maneaba
thereon and the Committee shall thereon be dissolved.
(4)
If a Select Committee is of the opinion
that it will not be able to complete consideration of the matter before
the end
of the session, it shall so report to the Maneaba.
68. GENERAL COMMITTEE PROVISIONS
The
following provisions shall apply to both
select and standing committees of the Maneaba:
Membership
(1)
Unless otherwise ordered in these Rules,
the Maneaba shall appoint no less than three and no more than five
Members to
serve on each select or standing committee for the whole term of the
Maneaba.
As far as possible; the overall membership of committees shall include
Members
representative of all parties and groups represented in the Maneaba.
Proceedings
(2)
The deliberations of a Committee shall be
confined to the matter or matters referred to it by the Maneaba or as
set down
in the Constitution or legislation.
(3)
The sittings of a Committee shall be held
in private unless the Committee otherwise directs. When
deliberating, the
sittings shall be always held in private. (See Sub-Rule 73 (1)).
(4)
The Secretary to the Committee shall
attend meetings of the Committee and shall keep the minutes of
proceedings of
the Committee.
Meetings
(5)
A Committee shall sit at the times
determined by the Chairman and agreed to by the majority of the Members
of the
Committee.
Chairman
(6)
The Chairman of a Committee shall be as
appointed by the Maneaba. If the Maneaba does not appoint a Chairman to
a
Committee the Committee, before proceeding to other business, shall
elect a
Chairman.
(7)
If the Chairman is unable to be present
at a meeting the Committee, the committee shall elect another Chairman
whose
tenure of office shall be for that meeting.
Quorum
(8)
The quorum for each Committee shall be
two thirds of the Members of the Committee, a fraction of a whole
number being
disregarded.
Voting
(9)
Divisions in a Committee shall be taken
by the Secretary to the Committee separately by asking how a Member
wishes to
vote and the Secretary shall record the votes accordingly.
(10)
Neither the Chairman of a Committee nor
any other Member presiding shall vote unless the votes of other Members
are
equally divided, in which case he shall give a casting vote.
Examination of witnesses
(11)
A Committee of the Maneaba may invite
any person to give evidence before it and, in accordance with the
provisions of
Part V of the Privileges, Immunities and Powers of the Maneaba Ni
Maungatabu
Act 1986, may require persons so invited to give evidence on oath or
affirmation or to produce a document.
(12)
The evidence of a witness shall be taken
down and shall be signed by him.
Premature publication of evidence and
proceedings
(13)
The evidence taken before a Committee
and the proceedings and the report of the Committee shall not be
published by a
member of the Committee nor by any other person before the Committee
has
presented its report to the Maneaba.
Reports
(14)
The Chairman of a Committee shall
prepare a report of the findings of the Committee which has been
considered by
the Committee and shall amend it as required by the Committee and may
record
reference to any dissenting views so that the agreed report truly
reflects the
findings and opinions of the Committee.
(15)
The agreed report of the Committee shall
be signed by the Chairman and, together with the transcripts of the
proceedings
of the Committee and the minutes of evidence, shall be laid on the
table of the
Maneaba by the Chairman of the Committee.
(16)
The publication of any report (and
minutes of evidence and transcripts of proceedings) of a select or
standing
committee of the Maneaba that are tabled in the Maneaba is authorised
by this
Rule.
(17)
If the Maneaba is not sitting when a
Committee has prepared a report for tabling, the committee may provide
the
report to the Clerk and, on the provision of the report:
(a) the report shall
be deemed to have been laid upon the Table of the Maneaba;
(b) the publication
of this report is authorised by this Rule;
(c) the Chairman may
give directions for the printing and circulation of the report;
(d) the Clerk shall
record in the minutes of the proceedings of the day on which the
Maneaba next
sits the date on which the report was so delivered; and
(e) the Speaker
shall lay the report, together with the minutes of the proceedings of
the
committee and the transcripts of evidence upon the Table at the next
sitting of
the Maneaba.
69. RULES AGAINST ANTICIPATION
A
motion or amendment of which notice has
been given and a Bill which has been placed on the Order Paper shall
not be
anticipated in any debate or question.
70. DELEGATION OF BUSINESS IN THE ABSENCE OF
A MEMBER
(1)
Whenever a Member through reason of
illness, or otherwise, is unable to attend a sitting of the Maneaba,
any
business standing in his name may be pursued by any other Member so
authorized
by him in writing: Provided that a Minister shall not so
authorize a
private Member.
(2)
Subject to Rules 32 (3) and (5) any
business not delegated in accordance with Sub-Rule (1) above shall
lapse and
shall be removed from the Order Paper though the Member sponsoring the
business
may re introduce the matter at a later meeting of the Maneaba.
71. OFFICIAL REPORTS
(1)
An official verbatim report of all speeches
made in the Maneaba shall be prepared by the Clerk acting under such
instructions as may be given by the Speaker.
(2)
The report shall be published in such
form as the Speaker may direct and a copy shall be made available to
any Member
upon request.
(2)
The Journal of the meeting shall comprise
–
(a) Minutes of
Proceedings recorded by the Clerk;
(b) Acts or Bills
that have been assented;
(c) Schedule of
Petitions either brought forward to be presented during meeting and
referred to
Select Committees;
(d) Schedule of
Select Committees;
(e) Schedule of
Government Bills;
(f) Schedule of
Private Members Bills;
(g) Schedule of
Accounts and Papers laid upon the Table during Meeting;
(h) List of Republic
and Private Bills passed; and
(i) List of Bills
not proceeded with.
(j) List of all
answered Oral and Written questions not covered during the meeting.
72. ADMISSION OF PRESS AND PUBLIC
(1)
Members of the public and of the press
shall be admitted as spectators at sittings of the Maneaba.
(2)
The Speaker may make rules governing the
admission of the public and the press, and the Clerk shall see that
such rules
are complied with.
(3)
Such rules shall be laid on the Table at
the meeting and become effective unless rejected or amended by the
Maneaba.
(4)
The Speaker or the Presiding Member may
not allow a stranger to remain within the precincts of the Maneaba or
may
remove a Member whom the Maneaba has ordered to be excluded from the
Chamber in
accordance with sections 15 to 17 of the Privileges, Immunities and
Powers of
the Maneaba ni Maungatabu Act.
73.
WITHDRAWAL OF STRANGERS
(1)
On a vote by a majority of the Maneaba or
any of its Committees the Maneaba or the committee may elect to sit in
private,
either for the remainder of the day's sitting or during the
consideration of
certain business.
(2)
When the Maneaba or Committee has elected
to sit in private the Speaker or the Presiding Member, shall order
strangers to
withdraw and the doors of the Chamber of the Maneaba shall be closed.
(3)
When an order has been made by the
Maneaba or Committee or by the Speaker or the Presiding Member for the
withdrawal of strangers, members of the public and of the press, shall
forthwith withdraw from the Chamber of the Maneaba and the
Sergeant-at-Arms shall
ensure that the order is complied with.
74. SUSPENSION OF RULES OF PROCEDURE
(1)
Subject to Sub-Rule (2) a motion which
has the object or effect of suspending any of these Rules may with the
consent
of the Speaker be moved without notice.
(2)
No motion shall be moved which has the
object or effect of suspending Rule 59.
75.
PROCEDURE IN CASE OF DOUBT
The
Speaker shall regulate the conduct of
business in all matters not provided for in these Rules and shall do so
in
consultation with the Maneaba and having ensured that the different
sides of
the Maneaba have been consulted.
76.
RULES AGAINST IMMEDIATE REINTRODUCTION OF
ISSUES OR MATTERS ALREADY RESOLVED
Notwithstanding
any of these Rules, no Bill,
motion, amendment, question or any other matter or issue which is the
same in
substance as one already resolved in the affirmative or negative during
one
meeting of the Maneaba shall be proposed, introduced or raised again
during the
meeting of the Maneaba immediately following.
77.
PARLIAMENTARIANS ATTIRE DURING MEETING
Ladies
- Respectable looking lady wear with
formal footwear.
Men
- A long trousers or sulu with a collared
shirt and a tie or a respectable looking formal safari, with formal
shoes or
sandals. Slippers, thongs and other outdoor/fishing sandals and all
other
informal footwear are not encouraged.
78.
CODE OF CONDUCT
Members
of the Maneaba ni Maungatabu hold a
very honourable and distinguished position therefore every Member must
at all
times maintain the highest standard of behaviour to uphold and maintain
the
honour and dignity of the Maneaba ni Maungatabu.
Every
Member must at all times endeavour to
uphold the principles of the Constitution and the law.
APPENDIX
PROCEDURES FOR THE CALLING
FOR NOMINATIONS
AND THE SELECTION OF NOMINEES FOR THE ELECTION OF THE BERETITENTI
Sections 4 and 5 of the
ELECTION OF THE
BERETITENTI ACT (CAP. 29a)
Calling for nominations
4.
At the meeting of the Maneaba ni
Maungatabu at which candidates for election as Beretitenti are to be
nominated
in accordance with section 32 (2) of the Constitution –
(a) The Speaker shall
call for the names of members qualified and willing to stand for
nomination;
and
(b) If, at the end of
the period allowed by the Speaker for names to be given, less than 3
names have
been given, the Speaker shall extend this period for such period as he
thinks
proper until at least 3 names have been given; and
(c) If, at the end of
the period or extended period referred to in paragraph (b), the names
of only 3
or 4 members qualified and willing to stand have been given, the
Speaker shall
declare them to be the candidates nominated by the Maneaba for the
purposes of
section 32 (2) of the Constitution; and
(d) If, at the end of
the period or extended period referred to in paragraph (b), the names
of more
than 4 members qualified and willing to stand have been given, an
election
shall be held by the Maneaba, in accordance with section 5 to select 4
candidates.
Selection of nominees
5.
(1) At an election
referred to in section 4(d), the provisions of this section apply.
(2) The method of
voting shall be by secret ballot.
(3) There shall be
two rounds of voting in which each member shall cast not more than a
vote from
among the candidates, and a member who is in the ballot may vote for
himself.
(4) Any dispute
arising out of or in connection with the election shall be determined
by the
Speaker, whose decision shall be final.
(5) When voting in
the first round has been completed, the Speaker shall declare or cause
to be
declared the result of the voting in that first round and the two
candidates
with the greatest number of votes shall be duly nominated.
(6) The Speaker
shall then call for a second round of voting exempting the two
candidates with
the greatest number of votes in the first round from the ballot but not
from
taking part in the vote.
(7) At the
completion of voting in the second round, the Speaker shall declare or
cause to
be declared the result of the voting in that second round and the two
candidates with the greatest number of votes shall be declared duly
nominated.
(8) If an equality
of votes is found to exist between any of the members in the ballot,
the
Speaker shall order any further ballot that he thinks necessary, and
the
procedure at any further ballot shall be in accordance with this
section."
[1] The
Speaker who presided at the preceding Maneaba, who does not vacate
office until the Maneaba first meets after a dissolution of the Maneaba
(Constitution, Section 71 (4) (a)), appoints the time and place for the
first
meeting of the Maneaba after a general election. The meeting must be
held
within 30 days of the second ballot in a general election
(Constitution, Section
77).
[2] Constitution, Section 70,
Paragraph 3 of Schedule 1 of the Constitution sets out the form of the
oath to
be taken by Members of the Maneaba and makes provision for Members to
make an
affirmation.
[3] Subsection
73 (1) of the Constitution provides:Subject to the provisions of this
Constitution, all questions proposed for decision in the Maneaba ni
Maungatabu
shall be determined by a majority of the votes of the members present
and
voting. The Constitution makes no specific provision requiring that
every
Member shall vote at every stage for the election of Speaker.
[4] Sections 4 and 5 on the
Election of the Beretitenti Act are printed at the Appendix to these
Rules.
[5] The Constitution, Section
74 (2). The number of Members currently required for a quorum is 22.
[6] For example, "That the
motion be agreed to". See Rule 3 (5).
[7] Rule 51 makes provision for
the majority required for the decision on all questions proposed for
the
decision on questions put to the Maneaba (Constitution, Section 73),
the
majority required in the case of a motion of no confidence in the
Beretitenti
or Government (Constitution, Section 33 (2)) and a Bill to alter the
Constitution (Constitution, Section 69 (2)). The Constitution also
makes
provision for the removal of the Speaker by a resolution supported by
the votes
of not less than two thirds of all Members of the Maneaba (Section 71
(4)) and
the removal of the Beretitenti on grounds of incapacity by a majority
of all
members of the Maneaba (other than the Beretitenti) (Section 34 (2)).
[8] Section 115 (1) of the Constitution
provides that there shall be 3 members of the Public Accounts Committee.
[9] The Constitution, Section
115 (4).
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