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Nauru - Standing Orders of the Parliament |
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CHAPTER 1—GENERAL RULE,
DEFINITIONS
1. GENERAL RULE
2. DEFINITIONS
CHAPTER
2
3. FIRST MEETING OF THE PARLIAMENT
4. OFFICERS OF PARLIAMENT
5. ELECTION OF DEPUTY SPEAKER
6. DEPUTY CHAIRMAN OF COMMITTEES
7. ABSENCE OF SPEAKER
8. ABSENCE OF SPEAKER AND DEPUTY SPEAKER
9. ABSENCE OF CLERK
10. VACANCY IN OFFICE OF CLERK
CHAPTER
4—STANDING COMMITTEES
11. STANDING ORDERS COMMITTEE
12. COMMITTEE OF PRIVILEGES
13. LIBRARY COMMITTEE
14. HOUSE COMMITTEE
15. SUBSIDIARY LEGISLATION COMMITTEE
16. PRIVATE BUSINESS COMMITTEE
17. PRINTING COMMITTEE
18. QUORUM OF STANDING COMMITTEE
19. MEMBERS’ ROLL TO BE KEPT BY THE CLERK
20. RECORD OF ATTENDANCE
21. SEATS
22. LEAVE OF ABSENCE
23. LEAVE OF ABSENCE EXCUSES FROM SERVICE
24. LEAVE OF ABSENCE FORFEITED
25. VOTES AND PROCEEDINGS OF THE HOUSE
26. CUSTODY OF RECORDS
27. NOTICE PAPER
28. DAY AND HOUR OF MEETING
29. QUORUM AT TIME OF MEETING
30. PRAYERS
31. IF NO QUORUM, HOUSE ADJOURNED
32. WANT OF QUORUM IN COMMITTEE
33. SPEAKER TO RECEIVE CHAIRMAN’S REPORT
34. HOUSE ADJOURNS ONLY BY RESOLUTION, WITH EXCEPTIONS
35. ADJOURNMENT OF THE HOUSE
36. MOTION TO FIX NEXT MEETING
37. ADJOURNMENT DEBATE
ORDER
38. ORDER MAINTAINED BY SPEAKER AND CHAIRMAN
39. WHEN THE SPEAKER OR CHAIRMAN RISES
40. WHEN QUESTION BEING PUT
41. MEMBERS SPEAKING NOT TO BE INTERRUPTED
42. MEMBERS TO MAKE OBEISANCE TO CHAIR
43. COURTESY TO CHAIR
44. MEMBERS TO TAKE THEIR PLACES
DISORDER
45. OFFENCE IN HOUSE
46. PROCEEDINGS FOLLOWING NAMING
47. DURATION OF SUSPENSION
48. SPEAKER OR CHAIRMAN MAY ORDER DISORDERLY MEMBER TO WITHDRAW
49. MEMBER SUSPENDED EXCLUDED FROM CHAMBER
50. GRAVE DISORDER
MANNER
AND RIGHT OF SPEECH
51. MEMBERS ADDRESS SPEAKER STANDING
52. INDULGENCE TO MEMBERS UNABLE TO STAND
53. SPEAKING CALLS UPON MEMBER TO SPEAK
54. WHEN MEMBER MAY SPEAK
55. PERSONAL EXPLANATIONS
56. MEMBER MAY BE HEARD AGAIN, TO EXPLAIN MISREPRESENTATION
57. RIGHT OF REPLY
58. REPLY CLOSES DEBATE
59. NO MEMBER TO SPEAK AFTER QUESTION PUT
60. MEMBER NOT SPEAKING WHEN SECONDING MOTION, ETC. MAY SPEAK LATER .
61. ALLUSION TO PREVIOUS DEBATES OR PROCEEDINGS
62. REFLECTION UPON VOTE OF HOUSE
63. OFFENSIVE WORDS
64. PERSONAL REFLECTIONS
65. SPEAKER TO INTERVENE
66. SPEAKER TO DETERMINE OFFENSIVE WORDS
67. DEBATE CONFINED TO PRESENT QUESTION
68. ANTICIPATING DISCUSSION
69. QUESTION MAY BE REQUIRED TO BE READ
70. INTERRUPTION NO ALLOWED
71. IRRELEVANCE OR TEDIOUS REPETITION
MATTERS
NOT OPEN TO DEBATE
72. MATTERS NOT OPEN TO DEBATE
ADJOURNMENT
OF DEBATE
73. ADJOURNMENT OF DEBATE
74. IN MOVING THE ADJOURNMENT OF DEBATE A MEMBER MAY MOVE
75. MEMBERS MOVING ADJOURNMENT ENTITLED TO CALL
76. IF MOTION NEGATIVED, MOVER MAY SPEAKER LATER
TIME
LIMITS FOR SPEECHES AND DEBATES
77. TIME LIMITS
78. EXTENSION OF TIME
CLOSURE
79. CLOSURE OF QUESTION
CHAPTER
10—POINT OF ORDER AND SPEAKER’S RULING
80. POINT OF ORDER
81. PROCEEDINGS ON QUESTION OF ORDER
82. OBJECTION TO RULING OF SPEAKER
83. MATTER OF PRIVILEGE SUDDENLY ARISING
84. REFERENCE OF COMPLAINT TO PRIVILEGES COMMITTEE
85. PRIVILEGE RAISED IN COMMITTEE OF THE WHOLE
86. PRECEDENCE OF MATTER OF PRIVILEGE
87. COMPLAINT AGAINST NEWSPAPER, BOOK, ETC.
CHAPTER 12—BUSINESS
ROUTINE
AND ORDER OF BUSINESS
88. ROUTINE AND ORDER OF BUSINESS
89. PRESENTATION OF REPORTS AND PAPERS
90. PRECEDENCE OF GOVERNMENT BUSINESS
91. DETERMINATION OF ORDER OF BUSINESS – GOVERNMENT
92. DETERMINATION OF ORDER OF BUSINESS – PRIVATE
93. ORDER OF BUSINESS ADVISED TO SPEAKER AND CLERK
MATTER
OF PUBLIC IMPORTANCE
94. PROPOSAL TO DISCUSS A MATTER OF PUBLIC IMPORTANCE
95. MOTION TO CONCLUDE DISCUSSION
96. SPEAKER TO DECIDE PRIORITY
CENSURE
OR WANT OF CONFIDENCE MOTION
97. CENSURE OR WANT OF CONFIDENCE MOTION OR AMENDMENT
98. PRESENTATION OF PETITIONS
99. MOTION THAT PETITION BE
READ
100. NO DEBATE ON PETITION
CHAPTER
14—NOTICE OF MOTION
101. NOTICE OF MOTION – HOW GIVEN
102. NOTICE GIVEN FOR AN ABSENT MEMBER
103. TERMS OF NOTICE ALTERED
104. UNBECOMING NOTICE AMENDED
105. GIVING MORE THAN ONE NOTICE
CHAPTER
15—QUESTIONS SEEKING INFORMATION
106. NOTICE OF QUESTION
107. QUESTIONS AND ANSWERS
108. MATTERS TO WHICH QUESTIONS SHALL RELATE
109. RULES FOR QUESTIONS
110. QUESTIONS WITHOUT NOTICE
CHAPTER
16—MOTIONS, QUESTIONS, VOTE AND RESOLUTIONS
111. NO MOTION WITHOUT PREVIOUS NOTICE
112. LEAVE OF THE HOUSE OR COMMITTEE
113. MOTIONS NOT CALLED ON
114. PRECEDENCE TO CERTAIN MOTIONS
115. ABSENT MEMBER
116. MEMBER FAILING TO MOVE
117. QUESTION PROPOSED BY THE SPEAKER
118. ANTICIPATION OF BUSINESS
119. MOTIONS WITHDRAWN AGAIN MOVED
CHAPTER
1—GENERAL RULE, DEFINITIONS
Any
question
relating to procedure or the conduct of the business of the Parliament
not
provided for in these Standing Orders shall be decided according to the
practice in the House of Representatives in the Parliament of the
Commonwealth
of Australia.
"A Parliament" means the series of Sittings from the calling together of the Parliament after a general election until the Parliament is dissolved prior to the next general election.
"A Session" means any series of sitting days during which the Parliament does not adjourn for a period longer than seven days.
"A Sitting" means the daily meeting of the Parliament from the ringing of the bells at the appointed time until the adjournment of the Parliament.
"The Parliament" means the Parliament of the Republic of Nauru as constituted by the Constitution of Nauru.
"The Speaker" means the person elected as Speaker in accordance with Article 34 of the Constitution of Nauru.
"The Clerk" means the person appointed as Clerk in accordance with Article 33 of the Constitution of Nauru.
"The Leader of Government Business" means the person elected by the Cabinet as being responsible for the conduct of Government business in the House.
"The
Chief Justice" means the person appointed as Chief Justice for the time
being
in accordance with Article 49 of the Constitution of Nauru.
3. FIRST MEETING OF THE PARLIAMENT
On the first day of the meeting of the Parliament for the despatch of business after a general election, Members having met at the time and place appointed:
(a) The Clerk shall read the notice calling the Parliament together.
(b)
The Chief Justice or a person authorised by the Chief Justice for
the purpose shall thereupon enter the Chamber for the purpose of
swearing in
Members.
(c) The Clerk shall thereupon lay on the Table the Writ of election of each Member and each Member shall then be sworn or make affirmation according to the Constitution.
(d) When all Members have been sworn the Chief Justice or the person authorised by the Chief Justice shall retire from the Chamber and the Parliament shall proceed to the election of a Speaker.
(e) Until the Speaker is elected the Clerk shall act as Chairman of the Parliament.
(f) The Speaker having been elected, shall be installed in the Chair and a Deputy Speaker and two Deputy Chairmen shall be elected.
(g)
The Parliament shall then
elect a President in accordance with Article 16 of the Constitution.
The election of the Speaker shall be conducted in the following manner:
(a) At the opening of a Parliament, after the Members present have been sworn in, or whenever the office of Speaker becomes vacant, a Member addressing himself to the Clerk, shall propose some Member qualified to be elected then present to the Parliament for their Speaker and move that such Member "do take the Chair of this Parliament as Speaker", which Motions shall be seconded. A Member when proposed and seconded, shall inform the Parliament he accepts nomination. For the purposes of this Standing Order, the Clerk acts as Chairman of the House until a Member is elected to the Office of Speaker.
(b) The Clerk shall then ask "Is there any further proposal?", and if there is no further proposal, the Clerk shall say "The time for proposals has expired." No Member may then address the Parliament or propose any other Member, and the Clerk shall, without question put, declare the Member so proposed and seconded to have been elected as Speaker, and such Member shall be conducted to the Chair by his proposer and seconder and shall take the Chair of the Parliament as Speaker.
(c) If more than one Member is proposed as Speaker, the Clerk shall, after the second proposal and after each subsequent proposal (if any) is made and seconded, ask "Is there any further proposal?", and if there is no further proposal, the Clerk shall say "The time for proposals has expired".
(d) When the time for proposals has expired, debate may ensue, but it shall be relevant to the election.
(e) No Member may speak for more than five (5) minutes.
(f)
Before the Parliament proceeds to a ballot the bells
shall be rung as in a division.
(g) When only two Members are proposed and seconded as Speaker, each Member shall deliver to the Clerk a ballot-paper in writing, containing the name of the candidate for whom he votes and the votes shall be counted by the Clerks at the Table; and the candidate who has the greater number of votes shall be the Speaker, and be conducted to the Chair.
(h) When more than two Members are so proposed and seconded, the votes shall be taken in like manner, and the Member who has the greatest number of votes shall be the Speaker, provided he has also a majority of the votes of the Members present; but if no candidate has such majority, the name of the candidate having the smallest number of votes shall be excluded from subsequent ballots, and a fresh ballot shall take place; and this shall be done as often as necessary, until one candidate is declared to be elected as Speaker by such majority, when such Member shall be conducted to the Chair.
(i) If at any ballot it is impossible by reason of the equality of votes to determine which name shall be excluded from subsequent ballots, a special ballot shall take place at which there shall be submitted only the names of those candidates who have received equal votes. At such special ballot each Member shall write on his ballot-paper only the name of the candidate he wishes to retain. The candidate whose name appears upon the smallest number of ballot-papers shall then be excluded from subsequent ballots.
(j) At any time after the result of the first ballot is declared, but before the commencement of the second or other subsequent ballots, a candidate may with-draw his name from the election which shall then proceed as if he has not been nominated.
(k) If by reason of equality of votes a ballot or special ballot is rendered inconclusive, the Clerk shall so declare, and unless by a withdrawal another ballot is rendered unnecessary, he shall cause such other ballot or special ballot to be taken. If after the counting of votes the equality continues he shall so declare. Thereupon the Sitting shall be suspended for thirty (30) minutes and when the Parliament reassembles the votes shall be taken again, unless this is rendered unnecessary by a withdrawal.
(l) Whenever at any stage a withdrawal leaves only one candidate remaining he shall without further voting, be declared elected as Speaker, and shall then be conducted to the Chair.
(m)
Having been conducted to the Chair, the member
elected returns his acknowledgements to the Parliament for the honour
conferred
upon him, and there upon sits in the Chair.
When the Parliament first meets after a dissolution or whenever the office otherwise becomes vacant the Parliament shall elect one of its Members to the office of Deputy Speaker.
The election of Deputy Speaker shall be conducted in the same manner as is prescribed for the election of the Speaker.
The
Deputy Speaker shall be Chairman of Committees.
6. DEPUTY CHAIRMAN OF COMMITTEES
The
Parliament shall appoint at the commencement of every
Parliament two Members either of whom shall act as Deputy Chairman of
Committees when requested to do so by the Chairman of Committees or in
his
absence by the Speaker.
Whenever
the
House is informed by the Clerk of the absence of the Speaker or the
Speaker is
for any reason unable to act, the Chairman of Committees as Deputy
Speaker
shall, subject to any other order of the House, perform the duties of
the
Speaker during his absence or inability.
8. ABSENCE OF SPEAKER AND DEPUTY SPEAKER
Whenever the House is informed by the Clerk of the absence of both the Speaker and the Deputy Speaker, the members present, if a quorum, may at once proceed to elect one of their number who shall, subject to any other order of the House, perform the duties of Speaker during that absence, otherwise the House stands adjourned to the next Sitting day.
For
the purposes
of this Standing Order, the Clerk shall act as Chairman of the House
until a
Member is elected to perform the duties of Speaker.
In
the case of
unavoidable absence of the Clerk, his duties shall be performed by the
Deputy
Clerk, or should the latter be absent, by the Clerk Assistant.
(1) A Standing Orders Committee, to consist of the Speaker, the Deputy Speaker, the Leader of Government Business and two other Members shall be appointed at the commencement of each Parliament.
(2) The function of the Committee shall be to consider whether the rules of procedure set out in Standing Orders serve the best interests of the House and its Members, and what amendments, if any, may be desirable; and to make reports and recommendations to the House.
(3)
The Committee shall have power to act during recess.
(1)
A Committee of Privileges, to consist of five (5) Members
shall be appointed at the commencement of each Parliament to inquire
into and
report upon complaints of breach of privilege which may be referred to
it by
the Speaker or by the House.
(2)
The Committee shall have power to act during recess.
(1) A Library Committee, to consist of the Speaker and four other Members shall be appointed at the commencement of each Parliament.
(2) The function of the Committee shall be to advise the Speaker on the administration of the Library and the Research and Information Service.
(3)
The Committee shall have power to act during
recess.
(1) A House Committee, to consist of the Speaker and four Members shall be appointed at the commencement of each Parliament.
(2)
The function of the Committee shall be to
advise the Speaker on the administration of the Parliamentary building
and
precincts, and services and facilities provided for Members and
strangers. (3)
The Committee shall have power to act during recess.
15. SUBSIDIARY LEGISLATION COMMITTEE
(1) A Subsidiary Legislation Committee shall be appointed at the commencement of each Parliament.
(2) The Committee shall consist of five (5) Members.
(3) All regulations, rules by-laws and orders made or given under an Act and laid on the Table of the House shall stand referred to the Committee for consideration and, if necessary, report thereon. Any action necessary, arising from a report of the Committee, shall be taken in the House on Motion after notice.
(4)
The Committee shall have power to send for persons, papers
and records and to act during recess.
16. PRIVATE BUSINESS COMMITTEE
(1) A Private Business Committee shall be appointed at the commencement of each Parliament.
(2) The Committee shall consist of the Speaker and three (3) other Members who shall not be Ministers.
(3)
The function of the
Committee shall be to determine the order in which Notices and orders
of the
Day shall be considered on Sitting Days when private business has
precedence.
A
Printing
Committee, to consist of four (4) members, shall be appointed at the
commencement of each parliament, to which shall stand referred all
Petitions
and Papers presented to the House, or laid upon the Table. The
Committee shall
report from time to time as to what Petitions and Papers ought to be
printed,
and whether wholly or in part.
18. QUORUM OF STANDING COMMITTEE
The
quorum of a Standing Committee shall be three (3).
CHAPTER
5—ROLL, PLACES OF MEMBERS, LEAVE OF ABSENCE, MINUTES
OF PROCEEDING AND RECORDS
19. MEMBERS' ROLL TO BE KEPT BY THE CLERK
A
Members' Roll shall be kept by the Clerk, showing the name
of the Member elected for each electorate, the dates of his election,
of taking
the oath, and of ceasing to be Member and the cause thereof.
The
attendance
of Members at each Sitting of the House shall be recorded in the Votes
and
Proceedings.
Any
question with
regard to the seats to be occupied by Members shall be determined by
the
Speaker.
Leave
of Absence
may be given by the House to any Member on Motion without notice,
stating the
cause and period of absence; and such Motion shall have priority over
all other
business.
23. LEAVE OF ABSENCE EXCUSES FROM SERVICE
A
Member shall be excused from service in the House, or on
any Committee, so long as he has leave of absence.
24. LEAVE OF ABSENCE FORFEITED
Any
Member having leave of absence shall forfeit the same if
he attends the service of the House before the expiration of such
leave.
25. VOTES AND PROCEEDINGS OF THE HOUSE
All
proceedings of the House shall be recorded by the Clerk
and such records shall constitute the Votes and Proceedings of the
House, and
shall be signed by the Clerk.
The
custody of
the Votes and Proceedings, records, and all other documents whatsoever
laid
before the House shall be with the Clerk, who shall neither take, nor
permit to
be taken, any such Votes and Proceedings, records or documents from the
Chamber
or offices, without the leave of the Speaker.
CHAPTER
6—SITTINGS OF THE HOUSE AND QUORUMS
Unless
otherwise ordered, the House shall meet for the
dispatch of business on each Tuesday and Thursday at ten o'clock a.m.
29. QUORUM AT TIME OF MEETING1
The
Chair shall
be taken at the time appointed on every day fixed for the meeting of
the House;
but if a quorum of Members is not present, and if within five (5)
minutes, the
bells having been rung, a quorum is still not present, the Speaker
shall
adjourn the House to the next Sitting day: Provided that if the Speaker
is
satisfied there is likely to be quorum within one (1) hour he shall
announce
that he will take the Chair at a stated time within that hour, but if
at that
time there is not quorum the Speaker shall adjourn the House to the
next
Sitting day.
Upon the Speaker taking the Chair each day, and a quorum of Members being present, he shall read the following prayers:
"Almighty God, we humbly beseech Thee to impart Thy blessing upon this Parliament. Direct and prosper our deliberations to the advancement of the Thy glory and the true welfare of the people of Nauru.
Our
Father, which art in Heaven; Hallowed be Thy name. Thy Kingdom come.
Thy will
be done on earth as it is in heaven. Give us this day our daily bread,
and
forgive us our trespasses as we forgive them that trespass against us.
And lead
us not into temptation, but deliver us from evil. For Thine is the
Kingdom, the
power, and the glory, forever and ever. Amen."
31. IF NO QUORUM, HOUSE ADJOURNED
Whenever
a quorum of Members is not present, the Speaker
shall adjourn the House to the next Sitting day. Upon any such
adjournment the
resolution of the question before the House or the Committee at that
time shall
become an Order of the Day for the next Sitting day.
32. WANT OF QUORUM IN COMMITTEE
Whenever
a quorum of Members is not present in Committee; the
Chairman shall leave the Chair of the Committee and shall inform the
Speaker
thereof, but make no further report.
33. SPEAKER TO RECEIVE CHAIRMAN'S REPORT
When
the Speaker is informed by the Chairman of Committees,
that a quorum of Members is not present, he shall adjourn the House to
the next
Sitting day Provided that if the Speaker is satisfied there is likely
to be a
quorum within one (1) hour he shall announce that he will take the
Chair at a
stated time within that hour, but if at that time there is no quorum
the
Speaker shall adjourn the House to the next Sitting day.
CHAPTER
7—ADJOURNMENT OF THE HOUSE
34. HOUSE ADJOURNS ONLY BY RESOLUTION, WITH EXCEPTIONS
The
House can be adjourned only by its own resolution except
in the cases mentioned in Standing Orders 29, 31, 33 and 50 when the
Speaker
adjourns the House without putting the question.
A
Motion for the adjournment of the House may be moved,
without notice and may only be moved by a Minister.
36. MOTION TO FIX NEXT MEETING
A
Motion for fixing the date for the next meeting of the
House may be moved without notice by a Minister at anytime: Provided
that no
debate shall be interrupted by any such Motion.
CHAPTER
8—MAINTENANCE OF ORDER
38. ORDER MAINTAINED BY SPEAKER AND CHAIRMAN
Order
shall be maintained in the House by the Speaker, and in
the Committee by the Chairman of the Committee; but disorder in the
Committee
can be censured by the House only on receiving a report.
39. WHEN THE SPEAKER OR CHAIRMAN RISES
Whenever
the Speaker or Chairman rises during a debate, any
Member then speaking or offering to speak, shall sit down, and the
House or
Committee shall be silent, so that the Speaker or Chairman maybe heard
without
interruption.
When
the Speaker or Chairman is putting no Member may walk
out of or across the Chamber.
41. MEMBERS SPEAKING NOT TO BE INTERRUPTED
When
a Member is Speaker, no Member may converse aloud or
make any noise or disturbance to interrupt him.
42. MEMBERS TO MAKE OBEISANCE TO CHAIR
Every
Member shall make obeisance to the Chair in passing to
or from his seat.
No
Member may
pass between the Chair and any Member who is speaking.
44. MEMBERS TO TAKE THEIR PLACES
Every
Member of the House, when he comes into the Chamber
shall take his seat and shall not at any time stand in any of the
passages or
gangways.
If any Member:
(a) persistently and willfully obstructs the business of the House; or
(b) is guilty of disorderly conduct; or
(c) said objectionable words, which he has refused to withdraw; or
(d) persistently and willfully refuses to conform to any Standing Order; or
(e) persistently and willfully disregards the authority of the Chair,
he
may be named by the Speaker, or, if any of the above-named
offences has been committed by a Member in Committee, by the Chairman.
46. PROCEEDINGS FOLLOWING NAMING
If
the offence has been committed in the House, the Speaker
shall forthwith put the question, on a Motion being made, no amendment,
adjournment, or debate being allowed, "That such member be suspended
from
the service of the House" and, if the offence has been committed in
Committee, the Chairman shall forthwith suspend the proceedings of the
Committee and report the circumstances to the House; and the Speaker
shall
forthwith, on a Motion being made, put the same question, without
amendment,
adjournment, or debate, as if the offence had been committeed in the
House
itself.
If
any Member is
suspended, his suspension on the first occasion shall be for the
remainder of
that day's Sitting; on the second occasion within the same year for
seven (7)
consecutive days; and on the third or subsequent occasion within the
same year
for twenty-eight (28) consecutive days. For the purpose of this
Standing Order,
any suspension in a previous session shall be disregarded and "year"
means a year commenced on the 1st day of January and ceasing on the
31st day of
December.
48.
SPEAKER OR CHAIRMAN MAY ORDER DISORDERLY MEMBER TO
WITHDRAW
When
the conduct of a Member is of such a grossly disorderly
nature that the procedure provided in Standing Order 46 would be
inadequate to
ensure the urgent protection of the dignity of the House, the Speaker
or the
Chairman shall order the Member to withdraw immediately from the
Chamber and
the Clerk shall act on such orders as he receives from the Chair in
pursuance
of this Standing Order. When the Member has withdrawn, he shall
forthwith be
named by the Speaker or the Chairman, as the case may be, and the
proceedings
shall then be as provided in Standing Orders 46 and 47 except that the
question
for suspension of the Member shall be put by the Speaker without a
Motion being
necessary.
49. MEMBER SUSPENDED EXCLUDED FROM CHAMBER
When
a Member has been suspended, he shall not be permitted
to enter the Chamber and galleries during the period of his suspension.
In
the case of
grave disorder arising in the House, the Speaker may, if he thinks it
necessary
to do so, adjourn the House without question put or suspend the Sitting
to a
time to be named by him, or take such action in relation to a Member or
the
House as he thinks fit.
51. MEMBERS ADDRESS SPEAKER STANDING
Every
Member desiring to speak shall rise and address himself
to the Speaker.
52. INDULGENCE TO MEMBERS UNABLE TO STAND
By
the indulgence of the House, a Member unable conveniently
to stand, by reason of sickness or infirmity, will be permitted to
speak
sitting.
53. SPEAKING CALLS UPON MEMBER TO SPEAK
When
two or more Members rise together to speak, the Member
called upon by the Speaker shall have the right to speak.
A
Member may
speak to any question before the Chair which is open to debate, when
moving a
Motion which will be open to debate, when moving an amendment, when he
rises to
order, upon a matter of privilege or a matter submitted under Standing
Order
94, but not otherwise.
Having
obtained
leave from the Chair, a Member may explain matters of a personal
nature,
although there be no question before the House; but such matters may
not be
debated.
56.
MEMBER MAY BE HEARD AGAIN, TO EXPLAIN MISREPRESENTATION
A
Member who has spoken to a question may again be heard to
explain himself in regard to some material part of his speech which has
been
misquoted or misunderstood but shall not introduce any new matter, or
interrupt
any Member who is addressing the Chair, and no debatable matter may be
brought forward nor may any debate arise upon such explanation.
A
reply shall be
allowed to a Member who has moved a substantive Motion or the second or
third
reading of a Bill, and the reply shall be confined to matters raised
during the
debate.
In
all cases,
except the adjournment debate, the reply of the mover of the original
question
closes the debate.
59. NO MEMBER TO SPEAK AFTER QUESTION PUT
No
Member shall be allowed to speak on any question after the
same has been put by the Speaker and voices have been given in the
affirmative
or negative thereon.
60. MEMBER NOT SPEAKING WHEN SECONDING MOTION, ETC. MAY SPEAK LATER
It
shall be competent for a member, when he seconds a Motion
or amendment before the House without speaking on it, to address the
House on
the subject of such Motion or amendment at a later period during the
debate.
61. ALLUSION TO PREVIOUS DEBATES OR PROCEEDINGS
No
Member may allude to any debate or proceedings of the same
session unless such allusion be relevant to the matter under
discussion.
62. REFLECTION UPON VOTE OF HOUSE
No
Member may reflect upon any vote of the House, except upon
a Motion that such vote be rescinded.
No
Member may
use offensive words against the House or any Member thereof, against
any member
of the Judiciary or against any statute unless for the purpose of
moving for
its repeal.
All
imputations
of improper motives and all personal reflections on Members shall be
considered
highly disorderly.
When
any
offensive or disorderly words are used, whether by a Member who is
addressing
the Chair or by a Member who is present, the Speaker shall intervene.
66.
SPEAKER TO DETERMINE OFFENSIVE WORDS
When
the attention of the Speaker is drawn to words used, he
shall determine whether or not they are offensive or disorderly.
67. DEBATE CONFINED TO PRESENT QUESTION
No Member may digress from the subject matter of any question under discussion: Provided that –
(a) on the Motion for the adjournment of the House to terminate the Sitting, matter irrelevant thereto may be debated; and
(b)
on the Motion for the second reading of a Bill to grant and apply a sum
for
the service a year, matters relating to public affairs may be debated.
No
Member may anticipate the discussion of any subject which
appears on the Notice Paper: Provided that in determining whether a
discussion
is out of order on the grounds of anticipation, regard shall be had by
the
Speaker to the probability of the matter being brought before the House
within
a reasonable time.
69. QUESTION MAY BE REQUIRED TO BE READ
Any
Member may require the question or matter under
discussion to be read by the Speaker or Chairman at any time during the
debate,
but not so as to interrupt a Member speaking: Provided that this
Standing Order
shall not apply when the terms of the question have been circulated
among
Members.
No Member may interrupt another Member whilst speaking unless:
(1) to call attention to a point of order or privilege suddenly arising;
(2) to call attention to the want of a quorum;
(3) to call attention to the presence of strangers;
(4) move a closure Motion; or
(5)
to move under
Standing Order 95 that the business of the Day be called on.
71. IRRELEVANCE OR TEDIOUS REPETITION
The
Speaker, or the Chairman, after having called the
attention of the House, or of the Committee, to the conduct of a Member
who
persists in irrelevance or tedious repetition, either of his own
arguments or
of the arguments used by other Members in debate, may direct him to
discontinue
his speech: Provided that such Member shall have the right to require
that the
question whether he be further heard be put, and thereupon such
question shall
be put without debate.
72. MATTERS NOT OPEN TO DEBATE
The following matters which may be moved without notice, are not open to debate, shall be moved without argument or opinion offered, and shall be put from the Chair without amendment:
(a) Question that a Member be further heard (Standing Order 71)
(b) Motion for adjournment of debate (Standing Order 73)
(c) Motion for extension of time for Member's speech (Standing Order 78)
(d) Motion that the question be now put (Standing Order 79)
(e) Motion that the Business of the Day be called on (Standing Order 95)
(f) Question that a Bill be reported (Standing Order 172)
(g) Motion of dissent from a ruling of the Chairman (Standing Order 185)
(h) Motion that the Chairman report progress (Standing Order 187)
Should
any of these questions be negative, no similar proposal shall
be received if the Speaker or the Chairman is of the opinion that is an
abuse
of the orders or forms of the House, or is moved for the purpose of
obstructing
business.
A
Member who has
not spoken to the question, or who has the right of reply, may move the
adjournment of the debate. The question shall be put and determined
without
amendment or debate.
74. IN MOVING THE ADJOURNMENT OF DEBATE A MEMBER MAY MOVE
(a) That the debate be now adjourned" (in which case, if the Motion is carried, the resumption of the debate shall be an Order of the Day for a later hour and such Order of the Day shall be called on after the last Order of the Day listed on the Notice Paper for consideration that day); or
(b)
That the debate be now adjourned and the resumption of the debate be
made an Order of the Day for the next Sitting". But no other Motion for
the adjournment of the debate shall be accepted by the Chair.
75. MEMBERS MOVING ADJOURNMENT ENTITLED TO CALL
The
Member upon whose Motion any debate is adjourned by the
House shall be entitled to be first called on the resumption of the
debate.
76. IF MOTION NEGATIVED, MOVER MAY SPEAKER LATER
In
the event of a Motion for the adjournment of the debate
upon any question being negatived, the Member moving the Motion for
such
adjournment may address the House as a later period during such debate.
TIME
LIMITS FOR SPEECHES AND DEBATES
The maximum period for which a Member speak on any subject indicated in this Standing Order, and the maximum period for any debate shall not, unless otherwise ordered, exceed the period specified opposite to that subject in the following schedule:
| SUBJECT | TIME |
| In the House | |
| Discussion of a Matter of Public Importance | 1 hr 30 mins |
| Proposer | 15 mins |
| Minister first speaking | 15 mins |
| Any other Member | 10 mins |
| Motion for Adjournment of House | |
| Each Member | 10 mins |
| Second Reading of a Bill | |
| Mover | 20 mins |
| Any other Member | 15 mins |
| Debates not Otherwise Provided for | |
| Mover of a Motion | 20 mins |
| Any other Member | 15 mins |
| Main Appropriation Bill for Year | |
| Mover | Not specified |
| Any other Member | 45 mins |
| In Committee | |
| Each Question before the Chair | |
| Member in charge of Bill | Not specified |
| Other Members – two periods each not exceeding | 10 mins |
With
the consent
of a majority of the House or of the Committee, to be determined
without
debate, a Member may be allowed to continue a speech interrupted under
the last
Standing Order (except a speech in discussion of a matter of public
importance
or a first speech in Committee) for one period not exceeding 10
minutes.
After
any
question has been proposed from the Chair, either in the House or in
Committee,
a Motion may be made by any Member, rising in his place and without
notice, and
whether any other Member is addressing the Chair or not, "That the
question be now put" and such Motion shall be put and decided without
amendment or debate.
CHAPTER
10—POINT OF ORDER AND SPEAKER'S RULING
Any
Member at
any time may raise a point of order which shall, until disposed of,
suspend the
consideration and decision of every other question.
81. PROCEEDINGS ON QUESTION OF ORDER
Upon
a question of order being raised, the Member called to
order shall resume his seat, and after the question of order has been
stated to
the Speaker by the Member rising to a question of order, the Speaker
shall give
his ruling thereon.
83. MATTER OF PRIVILEGE SUDDENLY ARISING
A
Member may rise at anytime to speak upon a matter of
privilege suddenly arising and may on that occasion request the Speaker
to
refer the breach of privilege of which he complains to the Privileges
Committee.
84. REFERENCE OF COMPLAINT TO PRIVILEGES COMMITTEE
No
later than the next Sitting day after a Member has
requested the Speaker to refer a complaint made under the last Standing
Order,
the Speaker shall state that he has referred the complaint to the
Privileges
Committee. If the Speaker has not referred the complaint to the
Privileges
Committee. If the Speaker has not referred the complaint, the member
who has
raised the matter may thereupon move without notice a Motion referring
the
matter to the Privileges Committee.
85. PRIVILEGE RAISED IN COMMITTEE OF THE WHOLE
If
a matter of privilege is raised in Committee of the Whole
House the Chairman shall leave the Chair on an order to report
progress.
86. PRECEDENCE OF MATTER OF PRIVILEGE
A
matter of privilege arising at any time shall, until
disposed of, or unless a debate on a Motion thereon is adjourned,
suspend the
consideration and decision of every other question: Provided that
precedence
over other business shall not be given to any Motion if, in the opinion
of the
Speaker, a prima facie case of breach of privilege has not been made
out or the
matter has not been raised at the earliest opportunity.
87. COMPLAINT AGAINST NEWSPAPER, BOOK, ETC.
Any
Member complaining to the House of material in a
newspaper, book or other publication as a breach of privilege shall
produce a
copy of the newspaper, book or other publication containing the
material in
question, and shall be prepared to give the name of the printer or
publisher.
88. ROUTINE AND ORDER OF BUSINESS
The House shall proceed each day with its ordinary business in the following routine:
(a) presentation of petitions
(b) giving notices of Motion
(c) questions
(d) presentation of papers
(e) ministerial statements
(f) matter of public importance
(g)
notices and orders of the day
89. PRESENTATION OF REPORTS AND PAPERS
Reports
of Standing and Select Committees and papers may be
presented at any time when other business is not before the House.
90. PRECEDENCE OF GOVERNMENT BUSINESS
Unless
otherwise ordered, Government business shall have
precedence of all other business, except that on every fourth Sitting
day
private business shall have precedence of government business.
91. DETERMINATION OF ORDER OF BUSINESS – GOVERNMENT
The
Leader of Government Business or a Minister designated by
him may determine the order in which Government Notices and Orders of
the Day
on the Notice paper shall be considered.
92. DETERMINATION OF ORDER OF BUSINESS – PRIVATE
The
order in which Private Notices and Orders of the Day are
to be considered shall be determined by the Private Business Committee.
93. ORDER OF BUSINESS ADVISED TO SPEAKER AND CLERK
When
a Minister or the Private Business Committee exercises
the power conferred by Standing Order 91 and 92 respectively, the
Speaker and
the Clerk shall be advised of that determination not later than two
hours
before the House meets, and the Clerk shall advise Members of that
determination.
94. PROPOSAL TO DISCUSS A MATTER OF PUBLIC IMPORTANCE
A
Member may propose to the Speaker that a definite matter of
public importance be submitted to the House for discussion. The Member
proposing the matter shall present to the Speaker at least an hour
before the
time fixed for the Meeting of the House a written statement of the
matter to be
discussed. If the Speaker determines that it is in order, he shall read
it to
the House. The proposed discussion must be supported by four Members,
including
the proposer, rising in their places as indicating approval. The
Speaker shall
then call upon the Member who had proposed the matter to speak.
95. MOTION TO CONCLUDE DISCUSSION
At
any time during the discussion, a Motion "That the
business of the Day be called on" may be made by any Member, without
notice, and such Motion shall be put forthwith without amendment or
debate. A
Motion under Standing Order 73 and 79 shall not be in order.
96. SPEAKER TO DECIDE PRIORITY
In
the event of more than one matter being presented for the
same day, priority shall be given to the matter which, in the opinion
of the
Speaker, is the most urgent and important, and no other proposed matter
shall
be read to the House that day.
CENSURE
OR WANT OF CONFIDENCE MOTION
97. CENSURE OR WANT OF CONFIDENCE MOTION OR AMENDMENT
(a) A Motion of which notice has been given or an amendment which expresses a censure or want of confidence in the Government may be entertained only if it is supported by four Members, including the proposer, rising in their places and indicating approval. Upon such a Motion or an amendment being made the appropriate Minister shall indicate to the Chair whether or not he is prepared to accept the Motion as a censure or want of confidence Motion or amendment. If the appropriate Minister declines to accept a Motion or amendment as a censure or want of confidence Motion or amendment then the Speaker shall put the question of whether or not the Motion should be entertained to the House and it shall be decided upon a simple majority.
(b)
A
censure or want of confidence Motion or amendment referred to in
subsection (a)
shall take precedence of all other business except business which the
Leader of
Government Business declares to be of national importance.
Petitions may be presented to the Parliament by any Member, Provided that –
(a) every Petition shall be legible, respectful, decorous and temperate in its language, and shall not contain irrelevant statements;
(b) every signature shall be written upon the Petition or upon sheets containing the Prayer of the Petition and not pasted upon or otherwise transferred thereto;
(c)
every Petition shall be lodged with the Clerk at least
two hours prior to the Sitting of the House at which it is proposed to
present
it; and when presented the Petition must bear the Clerk's certificate
that it
is in conformity with the Standing Orders.
99. MOTION THAT PETITION BE READ
Where
any Petition has been presented in accordance with the
last preceding Order, any Member may move that the Petition be read,
and in
moving shall confine himself to a brief statement of the persons from
whom the
Petition comes, of the number of signatures attached to the Petition,
of the
material allegations contained in it, and of the purpose of the Prayer
of the
Petition. If the Motion is carried, the Clerk shall read the Petition.
On
presentation
of a Petition, no debate upon or relating to it shall be allowed, but
it shall
be laid upon the Table of the House, or, on Motion without notice duly
made and
carried, shall be referred to a Select Committee.
101. NOTICE OF MOTION – HOW GIVEN
Notice
of Motion shall be given by a Member stating its terms
to the House and delivering to the Clerk a copy of the Notice signed by
himself
and the seconder.
102. NOTICE GIVEN FOR AN ABSENT MEMBER
A
Member, in the absence of another Member and at his
request, may give Notice of Motion for that other Member and shall put
the name
of such Member and his own signature on the Notice.
After
a Notice of Motion has been given its terms may be
altered by the Member notifying the House and delivering to the Clerk
an
amended notice, or he may withdraw a notice by notifying the House.
104. UNBECOMING NOTICE AMENDED
Any
Notice of Motion containing unbecoming expressions, or
which offends against any Standing Order of the House, shall be amended
by the
Speaker before it appears on the Notice Paper.
105. GIVING MORE THAN ONE NOTICE
A
Member may not give two Notices of Motion consecutively, if
another Member has any notice to give.
CHAPTER
15—QUESTIONS SEEKING INFORMATION
Notice
of a
question shall be given by a Member delivering it to the Clerk within
such
times as, in the opinion of the Speaker, will enable the question to be
printed. The question shall be fairly written, signed by the Member,
and shall
show the day proposed for asking such question.
The
Clerk shall
place Questions on notice on the Notice Paper in the order in which
they are
received by him and the reply to a Question on notice shall be read in
the
House, provided that if the answer is lengthy it may, by leave of the
House, be
incorporated in Hansard without being read out. A copy of all answers
shall be
supplied to the Clerk and shall be printed in Hansard.
108. MATTERS TO WHICH QUESTIONS SHALL RELATE
Questions
shall relate either to a matter of administration
for which the Member accepts an obligation to answer or to any matter
connected
with the House for which he is responsible.
(1) Questions shall not:
(a) contain any name or statement not strictly necessary to make the question intelligible;
(b) contain any argument, inference, imputation, epithet or ironical expression;
(c) ask about proceedings in Committee which have not been placed before the House by report from the Committee;
(d) ask for legal opinion, an expression of opinion, or for the solution of a hypothetical proposition;
(e) ask Ministers to state the Government's policy, but may seek an explanation of the Government's intentions;
(f) make or imply a charge of a personal character;
(g) contain matter considered by the Speaker to be unbecoming or not in conformity with these rules; or
(h) repeat the substance of a previous question if that were fully answered.
(2)
In answering any such
question a Member shall not debate the subject to which it refers.
Questions
may be asked without notice. At the discretion of
the Speaker supplementary questions may be asked to elucidate an
answer.
CHAPTER
16—MOTIONS, QUESTIONS, VOTE AND RESOLUTIONS
111. NO MOTION WITHOUT PREVIOUS NOTICE
No
Member may, except by leave of the House or unless it be
otherwise provided in Standing Orders, move any Motions except in
pursuance of
notice appearing on the Notice Paper.
112. LEAVE OF THE HOUSE OR COMMITTEE
Leave
of the House or Committee must be granted without any
dissentient voice.
If,
at the
adjournment of the House, any Motions on the Notice Paper have not been
called
on, such Motions shall be set down on the Notice Paper for the next
Sitting
day.
114. PRECEDENCE TO CERTAIN MOTIONS
Precedence
will be ordinarily given by courtesy to a Motion
for a vote of thanks or condolence of the House.
If
a Member is
not in his place when the Notice of Motion given by him is called on,
it shall
be withdrawn from the Notice Paper, unless another Member, at his
request,
thereupon proposes that the Motion be later moved.
If
a Member, when the notice of Motion given by him is called
on fails to rise and move the Motion, it shall be withdrawn from the
Notice
Paper unless he thereupon proposes that the Motion be later moved.
117. QUESTION PROPOSED BY THE SPEAKER
When
a Motion has been moved and seconded, a question
thereupon shall be proposed to the House by the Speaker and the Motion
shall be
deemed to be in possession of the House and cannot be withdrawn without
leave.
A
matter on the Notice Paper must not be anticipated by
another matter contained in a less effective form of proceeding.
119. MOTIONS WITHDRAWN AGAIN MOVED
A
Motion which, by leave of the House, has been withdrawn,
may be moved again during the same session.
As
soon as the
debate upon a question has been concluded the Speaker shall put the
question to
the House.
121. DIVISION OF COMPLICATED QUESTION
The
House or Committee may order a complicated question to be
divided.
122. QUESTION DETERMINED BY MAJORITY OF VOICES
A
question being put shall be resolved in the affirmative or
negative by the majority of voices "Ayes" or Noes"
The
Speaker shall state whether in his opinion, the "Ayes"
or the "Noes" have it; and if his opinion be challenged the question
shall be decided by division.
124. SAME QUESTION NOT AGAIN PROPOSED
Except
by leave of the House, no question or amendment may be
proposed which is the same in substance as any question which, during
the
previous twelve (12) months, has been resolved in the affirmative or
negative,
unless the order, resolution or vote on such question or amendment has
been
rescinded.
125. DIFFERENT FORMS OF AMENDMENTS
A question having been proposed may be amended without notice:
(1) omitting certain words only;
(2) omitting certain words in order to insert or add other words; or
(3)
inserting or adding words.
126. AMENDMENTS TO BE IN WRITING
An
amendment to any Motion before the House must, for the
purpose of record, be in writing and signed by the mover and seconder.
Every
amendment must be relevant to the question which it is
proposed to amend.
128. INCONSISTENT AMENDMENT NOT TO BE MOVED
No
amendment shall be moved which is inconsistent with a
previous decision on the question.
129. NO AMENDMENT OF EARLIER PART
No
amendment may be moved to any part of a question, after a
later part has been amended, or after a question has been proposed on
an
amendment thereto, unless the proposed amendment has, by leave of the
House,
been withdraw.
130. ORDER OF MOVING AMENDMENTS
An
amendment proposed shall be disposed of before another amendment
to the original question can be moved.
131. PROPOSED AMENDMENT WITHDRAWN
A
proposed amendment may, by leave, be withdrawn.
132. AMENDMENTS TO PROPOSED AMENDMENTS
Amendments
may be moved to a proposed amendment as if such
proposed amendment were an original question.
133. QUESTION AS AMENDED PROPOSED
When
amendments have been made the question shall be proposed
as amended.
134. WHEN AMENDMENTS MOVED BUT NOT MADE
When
amendments have been moved but not made, the question
shall be proposed as originally proposed.
An
order of the
Day is a Bill or other matter which the House has partly considered and
ordered
to be further considered at a future time.
136. PRECEDENCE OF ORDERS OF THE DAY
Subject
to the provisions of Standing Orders 91, 92 and 93,
Orders of the Day shall have precedence of each other according to the
order in
which they appear on the Notice Paper. An order of the Day may be
postponed on
Motion without notice moved by the Member in charge thereof, or, in his
absence, by another Member at his request.
137. ORDERS OF THE DAY NOT CALLED ON
If,
at the adjournment of the House, any Orders of the Day on
the Notice Paper have not been called on such Orders of the Day shall
remain on
the Notice Paper.
On
an Order of
the Day being read, it may on Motion without notice moved by the Member
in
charge thereof, be discharged.
A
vote called
for under Standing Order 123 shall be taken by each Member standing in
his
place in accordance with Standing Order 143.
A
vote shall not
be proceeded with unless more than one Member has called for a
division.
141. MEMBER TO VOTE IN ACCORDANCE WITH VOICE
Every
Member shall vote in accordance with his voice (either "Aye"
or "No") and his vote shall be so recorded.
A
member calling for a division shall not leave the area
within the seats allotted to members and shall vote with those who, in
the
opinion of the Speaker, were in the minority when the voices were
taken.
Before
a
division is taken, the Clerk shall ring the bells for one minute and
the doors
shall not be locked until the lapse of one minute.
144. DOORS LOCKED AFTER ONE MINUTE
The
doors shall be locked after the lapse of one minute, and
then no Member shall enter or leave the Chamber until after the
division.
145. QUESTION PUT, MEMBERS TO STAND
When
the doors have been locked and all the Members are in
their places, the Speaker shall state the question to the House, and
then
direct the "Ayes" to stand and after the "Ayes" have been
counted the Speaker shall direct that the rest be recorded in the
"Noes".
146. MEMBERS NOT TO SIT UNTIL NAME RECORDED
No
Member standing to be counted shall sit until the Clerk
has recorded his vote and then called his name.
147. MEMBERS NOT TO MOVE FROM PLACE TILL DIVISION ANNOUNCED
No
Member may move from his place until the result of the
division is announced.
The
Clerk shall make a list of the names of the Members
voting and show on the list how each has voted.
149. DECLARATION OF RESULT OF DIVISION
The
Clerk shall then hand the list to the Speaker, who shall
declare the result of the division of the House.
150. VOTE TO BE ENTERED IN THE MINUTES
The
Clerk shall enter in the Minutes the particulars of the
list.
151. MEMBERS PRESENT WHEN QUESTION STATED TO VOTE
Every
Member present in the Chamber when the question is
stated shall vote, except the Speaker or other Member presiding, who
shall have
a casting vote.
152. IN CASE OF ERROR HOUSE AGAIN TO VOTE
In
case of confusion or error concerning the counting of
votes on any question, unless correction can otherwise be made, the
House shall
again vote on the question.
153. MISTAKES CORRECTED IN MINUTES
If
complaint is made to the House that a division has been
inaccurately recorded, the Speaker shall cause the Minutes, if
inaccurate, to
be corrected.
154. SPEAKER'S REASON FOR CASTING VOTE
Any
reasons stated by the Speaker for his casting vote shall
be entered in the Minutes.
155. HOW INITIATED AND NOTICE OF INTENTION
(1) Any Member intending to introduce a Bill shall first give to the House notice of his intention.
(2) A notice of intention to introduce a Bill shall specify the title of the Bill and the day for presentation and shall be signed by the Member.
(3) Member shall give such a notice by stating its terms to the House and delivering a copy to the Clerk at the Table.
(4) In the calling on of the notice a Member shall present to the House a fair copy of the Bill signed by him.
(5)
The Standing Orders shall, to the necessary extent, be
applied and read as if a notice of intention to present a Bill were a
notice of
Motion.
On
the
presentation of a Bill by a Member, it shall be read a first time
without any
question being put.
On
every order
for the reading of a Bill, the title only shall be read.
158. DAY FIXED FOR SECOND READING
After
the first reading a future day shall be appointed for
the Member to move for the second reading.
159. SECOND READING MOVED IMMEDIATELY IF BILL CIRCULATED
Notwithstanding
Standing Order 158 if copies of the Bill have
been circulated among Members the second reading may be moved
immediately after
the Bill has been read a first time. The debate on the question shall
then be
adjourned to a future day.
160. IF SECOND READING NEGATIVED, BILL DISPOSED OF
If
the question that the Bill be now read a second time be
negative this shall finally dispose of the Bill.
No Amendment may be moved to the Bill except one which:
(i) is relevant to the Bill; and
(ii)
does not anticipate an amendment which
may be moved in Committee.
PROCEEDINGS
FOLLOWING SECOND READING
162. PROCEEDINGS FOLLOWING SECOND READING
Immediately after the second reading:
(a) a message recommending an appropriation of revenue or money in connection with the Bill may be announced; and/or
(b)
a Motion "That this Bill be referred to a
Select Committee" may be made.
COMMITTAL
AND CONSIDERATION IN COMMITTEE
After the second reading, or when proceeding under Standing Order 162, after those proceedings have been disposed of, the House shall resolve itself into a Committee of the Whole for the consideration of the Bill unless:
(a) the Bill has been referred to a Select Committee:
(b)
the House grants leave for the question "That
this Bill be now read a third time" to be moved.
164. BILL REPORTED BY SELECT COMMITTEE
When
a Bill has been referred to a Select Committee and
reported, a time shall be fixed on the Motion without notice of the
Member in
charge of the Bill for the consideration in a Committee of the Whole of
the
Bill as reported.
165. ORDER IN CONSIDERATION OF BILL
The following order shall be observed in considering a Bill and its title:
(1) Clauses as printed and new clauses, in their numerical order:
(2) Schedules as printed and new schedule, in their numerical order;
(3) Postponed clauses;
(4) Preamble; and
(5) Title
and
in reconsidering the Bill
upon recommittal the same order shall be followed: Provided that in
considering
an Appropriation or Supply Bill, any Schedule expressing the services
for which
the appropriation is to be made shall be considered before the clauses
and,
unless the Committee otherwise orders, that schedule shall be
considered by
proposed expenditures in the order in which they are shown.
The
discussion shall be confined to the clauses or amendment
before the Committee.
167. AMENDMENTS TO BE CIRCULATED
Except
by leave of the Chairman, no amendment may be proposed
in the Committee of the Whole unless it is in writing and is signed by
the
mover.
If
a Clause is
amended, a further question shall be proposed, "That the Clause, as
amended, be agreed to".
169. PROCEEDINGS IN COMMITTEE NOT TO BE NOTICED TILL REPORTED
No
notice may be taken of any proceedings of a Committee of
the Whole, or of a Select Committee on a Bill, until such proceedings
have been
reported.
170. AMENDMENT INADMISSIBLE IF CONTRARY TO PREVIOUS DECISION OF SAME COMMITTEE
No
amendment or new clause or
schedule shall be moved which is substantially the same as one already
negatived by the Committee, or which is inconsistent with one that has
already
been agreed to by the Committee, unless a recommittal of the Bill or
part of
the Bill has intervened.
RECOMMITTAL,
REPORT AND ADOPTION
On
a report of
progress from the Committee or on the Motion for the adoption of the
report of
the Committee the Bill may, on Motion without notice by any Member, be
recommitted,
either in whole or in part.
When
the Bill
has been fully considered, the question shall be put forthwith and
determined
without amendment or debate, "That the Bill (or this Bill as amended)
be
reported", which being agreed to, the Chairman shall leave the Chair
and
report the Bill, and the report may, on Motion without notice, be
adopted.
173. TIME FOR CONSIDERING REPORT
If
a Bill is reported with significant amendments, a future
time shall be appointed on Motion without notice for considering the
report and
moving without notice, its adoption, and the Bill as reported, may in
the
meantime be printed, but if no significant amendments have been made
the report
may be adopted at once.
When
the report is finally adopted, a future day shall be
fixed, on Motion without notice, for the third reading.
175. NO AMENDMENT TO THIRD READING BUT IF NEGATIVED BILL DISPOSED OF
No
amendment may be moved to the question "That the Bill
be read a third time", but if the question is negative this shall
finally
dispose of the Bill.
176. VERBAL OR FORMAL AMENDMENTS
Amendments
of a verbal or formal nature may be made, and
clerical or typo-graphical errors may be corrected in any part of the
Bill by
the Clerk on the authority of the Speaker.
CHAPTER
21—COMMITTEE OF THE WHOLE HOUSE
The
quorum in
Committee shall consist of the same number as is requisite to form a
quorum of
the House.2
Except
as otherwise provided in these Standing Orders a
Committee of the Whole shall be appointed by resolution that the House
resolve
itself into a Committee of the Whole either immediately or at a future
time.
179. HOUSE RESOLVES ITSELF INTO A COMMITTEE OF THE WHOLE
Whenever
an Order of the Day is read for the House to resolve
itself into a Committee of the Whole the Speaker shall leave the Chair
without
putting any question and the Chairman shall take the Chair of the
Committee at
the Table.
180. COMMITTEE TO CONSIDER ONLY MATTERS REFERRED
A
Committee shall only consider those matters which have been
referred to it by the House.
A
Motion
contradictory to a previous decision of the Committee shall not be
entertained
in the same Committee.
182. MOTIONS NEED NOT BE SECONDED
A
Motion moved in Committee need not be seconded and requires
no notice.
A
division shall be demanded and taken in Committee in the
same manner as in the House itself, the Chairman having only a casting
vote,
and any reasons stated by him shall be entered in the Votes and
Proceedings.
Except
as provided by these Standing Orders, the same rules
for regulating the conduct of business shall be observed in Committee
as in the
House itself, the Chairman of Committees being invested with the same
authority
as the Speaker for the preservation of order; but disorder in
the Committee
may only be censured by the House on receiving a report.
185. OBJECTION TO RULING OF CHAIRMAN
If
any objection is taken to a ruling of the Chairman of
Committees, such objection shall be stated at once and a Motion of
dissent, to
be submitted in writing, moved, which shall then be decided resumed
where they
were interrupted.
186. SPEAKER MAY RESUME CHAIR WHEN DISORDER ARISES
If
any sudden disorder arises in Committee the Speaker may
resume the Chair.
187. MOTION TO REPORT PROGRESS
A
Motion may be moved during the proceedings of a Committee 'That
the Chairman do report progress and ask leave to sit again', and such
question
shall be put without amendment or debate. When the Chairman reports to
the
House, a time shall be fixed on Motion without notice, for the House to
again
resolve itself in the Committee.
The
resolutions reported from a Committee may be taken into
consideration immediately and may be agreed to or disagreed to by the
House, or
recommitted to the Committee, or further consideration of a resolution
may be
postponed.
CHAPTER
22—FINANCIAL PROCEDURES
189. SUPPLY AND APPROPRIATION BILLS SUBMITTED BY MINISTER WITH OUT NOTICE
An
Appropriation or Supply Bill may
be submitted to the House by a Minister without notice.
190. NO APPROPRIATION PROPOSAL UNLESS RECOMMENDED BY CABINET
No
proposal for the appropriation of any public moneys shall
be made unless the purpose of the appropriation has been recommended to
the
House by message of the Cabinet under Article 59 of the Constitution.
No
amendment of such proposal shall be moved which would increase the
appropriation so recommended unless a further message is received.
Only
the Speaker shall have the privilege of admitting
distinguished strangers to a seat on the floor of the Chamber.
The
Speaker or the Chairman may, whenever he thinks fit,
order the withdrawal of strangers from any part of the Chamber
including the
galleries.
193. NO STRANGER ADMITTED INTO BODY OF CHAMBER
While
the House or a Committee of the Whole is sitting no
Member may bring any stranger into any part of the Chamber appropriated
to
Members.
CHAPTER
24—PAPERS AND DOCUMENTS
Papers
may be
ordered to be laid before the House, and the Clerk shall communicate to
the Minister
concerned all orders for papers made by the House, and such papers
shall be
laid on the Table by the Clerk.
Papers
may be
presented by the Speaker or any Minister or pursuant to statute or a
resolution
of the House and such papers shall be considered public.
196. MOTIONS AFTER PAPER PRESENTED
On any paper being presented to the House a Member may move without notice one or more of the following Motions:
(1) that the paper be printed;
(2) that the House take note of the paper;
provided
that if the
Motions are not moved at the time of the presentation of the paper they
may be
moved, on notice, on a subsequent day.
All
Select
Committees shall be appointed on Motion, and shall consist of the mover
and
other Members to be nominated.
198. MEMBER DISCHARGED AND ADDED
Members
may be discharged from attending a Committee, and
other Members appointed, after notice has been given.
199. SPEAKER AND CHAIRMAN OF COMMITTEES
Except
with his consent, the Speaker or the Chairman of
Committees shall not be chosen to serve on a Select Committee.
200. NO INTERESTED MEMBER TO BE ON A COMMITTEE
No
Member may sit on a Committee if he is personally
interested in the inquiry before such Committee.
On
the
appointment of every Committee, a day shall be fixed for the reporting
of its
proceedings to the House, by which day the final report of the
Committee shall
be brought up by the Chairman, unless further time be moved for and
granted,
but the House may at any time prior to such day receive the final
report of the
Committee.
In
all
Committees, three (3) shall form a quorum, unless otherwise ordered;
and
if at any time the quorum be not present, the Chairman shall suspend
the
proceedings of the Committee until a quorum be present or adjourn the
Committee.
203. NO QUORUM AT TIME OF MEETING
If,
after the lapse of a quarter of an hour from the time
appointed for the meeting of a Committee, there is not a quorum, the
Members
present may retire, and their names shall be entered on the Minutes;
and the
Clerk attending the Committee shall issue notices for the next meeting.
The
mover of the
Motion for the Committee shall fix the time for the first meeting of
the
Committee.
205. CHAIRMAN APPOINTED AND CASTING VOTE
Every
Committee, before the commencement of business, shall
elect one of its Members to be Chairman, who shall have only a casting
vote.
206. RECORD OF PROCEEDINGS AND VOTES
An
entry shall be made in the proceedings of the names of the
Members attending each Committee meeting, and of every Motion or
amendment
moved in the Committee, together with the name of the mover thereof;
and if any
vote takes place in the Committee, the Chairman shall record the names
of the
Members voting distinguishing on which side of the question they
respectively
vote.
207. ADJOURNMENT AND SITTING OF COMMITTEES
A
Committee may adjourn from time to time and, by order of
the House, from place to place, and may sit during any sitting or
adjournment
of the House.
208. POWER TO SEND FOR PERSONS, PAPERS, ETC.
The
House may give a Committee power to send for person,
papers and records.
209. CLERK OF COMMITTEE TO SUMMON WITNESS
The
Chairman of a Committee shall direct the Clerk attending
the Committee to summon the witnesses to be examined before such
Committee.
The
examination of witnesses before every Committee shall be
conducted as follows: The Chairman shall first put to the witness, in
an
uninterrupted series, all such questions as he may deem essential,
according to
the mode of procedure agreed on by the Committee. The Chairman shall
then call
on the other members severally by name to put any other questions; and
the name
of every Member so interrogating a witness shall be noted and prefixed
to the
questions asked.
When
a Committee is examining witnesses, strangers may be
admitted, but shall be excluded at the request of any Member, or at the
discretion of the Chairman of the Committee, and shall always be
excluded when
the Committee is deliberating.
Members
of the House may be present when a Committee is
examining witnesses, but shall withdraw if requested by the Chairman or
any
Member of the Committee, and shall always withdraw when the Committee
is
deliberating.
213. EVIDENCE NOT TO BE DISCLOSED
Evidence
taken by and Select Committee of the House, and
documents presented to, and proceedings and report of such Committee
which have
not been reported to the House, shall not, unless authorized by the
House, be
disclosed or published by any Member of such Committee, or by any other
person.
By
leave of the
House a Committee may report from time to time its proceedings with or
without
the evidence, or the evidence only.
215. CHAIRMAN TO PREPARE REPORT
It
shall be the duty of the Chairman of every Committee to
prepare a draft report.
216. CONSIDERATION OF DRAFT REPORT
The
draft report shall be printed and distributed amongst the
Committee and a time fixed for its consideration. The
Committee shall
consider the report paragraph by paragraph and a Member objecting to
any part
of the report shall move his amendment at the time the paragraph he
wishes to
amend is under consideration.
217. REPORTS AND MINUTES PRESENTED
The
report of a Committee together with the Minutes of the
proceedings, shall be presented to the House by the Chairman, and the
report
may be read.
Upon
the presentation of a report, no discussion of the
subject matter may take place; but the report may
be ordered to be
printed with or without the documents accompanying it, and its
consideration
shall be set down for a subsequent Sitting when a specific Motion
without
notice in connection therewith may be moved.
219. PAYMENT OF CERTAIN WITNESSES BEFORE COMMITTEE
Payment
at the discretion of the Committee may be made to any
professional or other witness or to persons whom the Committee may deem
it
necessary to employ in furtherance of the inquiry with which the
Committee is
charged; and the Chairman's certificate on the face of an account shall
be
sufficient authority for its payment by the Clerk of the House.
Witnesses,
not being Members, shall be ordered to attend
before the House or a Committee of the Whole, by summons under the hand
of the
Clerk of the House or before a Select Committee, by summons under the
hand of
the Clerk attending the Committee.
If
a witness
fails or refuses to attend or to give evidence, the House, on being
acquainted
therewith, shall deal with the matter.
When
the
attendance of a Member is ordered by the House for examination by the
House or
a Committee, he shall be summoned by the Speaker to attend in his place.
223. REFUSAL OF MEMBERS TO ATTEND SELECT COMMITTEE
If
a Select Committee desires the attendance of a Member as a
witness, the Chairman shall, in writing, request him to attend;
but
should he refuse to come, or to give evidence or information as a
witness to
the Committee, the Committee shall acquaint the House therewith, and
not again
summon such Member to attend the Committee.
224. COMMITTEE NOTO ENTERTAIN CHARGES AGAINST MEMBERS
If
any information comes before any Committee that charges
any Member of the House, the Committee ought only to direct that the
House be
acquainted with the matter of such information, without proceeding
further
thereon.
225. WITNESSES ENTITLED TO PROTECTION
All
witnesses examined before the House, or any Committee
thereof, are entitled to the protection of the House in respect of
anything
that may be said by them in their evidence.
A
witness before
the House or a Committee of the Whole shall be examined at the Bar
unless the
House or the Committee otherwise orders.
227. WITNESSES BEFORE HOUSE EXAMINED BY SPEAKR
When
the witness appears before the House he may be examined
by the Speaker, and any questions addressed by Members are taken to be
put
through the Speaker.
228. WITNESSES BEFORE COMMITTEE EXAMINED BY ANY MEMBER
In
a Committee of the Whole, any Member may put questions
directly to the witness.
229. WITNESS WITHDRAWS IF QUESTION OBJECTED TO
If
any question be objected to or other matter arise, the
witness shall withdraw while the same is under discussion.
230. MEMBER EXAMINED IN HIS PLACE
A
Member of the House shall be examined in his place.
A
Ballot shall
be taken whenever the House thinks fit.
232. BELLS RUNG PRIOR TO BALLOT
Before
the House proceeds to any ballot the bells shall be
rung as in a division.
Unless
otherwise expressly provided, a ballot shall be taken
in the following manner: Each Member gives to the
Clerk a list of the
names of those Members he wishes to vote for; and if any list contains
a
greater or lesser number of names than are to be chosen it is void and
shall be
rejected. When all the lists are collected the Clerk shall ascertain
and report
to the Speaker the names of the Members having the greatest number of
votes,
which Members shall be declared to be chosen. In the event of an
equality of
vote, the names of the Members concerned shall be submitted to a
further
ballot.
234. MOTION FOR SUSPENSION WITHOUT NOTICE
In
cases of necessity, any Standing Orders of the House may
be suspended, on a Motion moved and seconded without notice: Provided
that such a Motion is carried by an absolute majority of Members.
235. MOTION FOR SUSPENSION WITH NOTICE
When
a Motion for the suspension of Standing Orders appears
on the Notice Paper, such Motion may be carried by a majority of votes.
The
suspension of Standing Orders is limited in its operation
to the particular purpose for which the suspension is sought.
The whole of these Standing Orders shall continue in force until altered, amended or repealed.
1 (Nine Members plus a Presiding Officer – See Article 45 of the Constitution)
2
(Nine Members plus Presiding Officer – Article 45 of the
Constitution)
| Any other Member | 30 mins. |
| Minister in charge to each debate | 10 mins |
| Any other Member | 30 mins |
| Minister in charge to each debate | 10 mins |
| Any other Members | 30 mins |
| Minister in charge | Not specified |
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