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The Standing Orders of the National Parliament of the Solomon Islands
PAPER NO. 41 OF 1981
THE STANDING ORDERS
OF THE
NATIONAL PARLIAMENT
OF
SOLOMON ISLANDS
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S.I. Gazette, 22 Oct. 1982
No. 25, Legal Notice No. 52
ARRANGEMENT OF STANDING ORDERS
1. INTERPRETATION
2. OATH OR AFFIRMATION OF ALLEGIANCE
3. LANGUAGE
4. PRESIDING IN PARLIAMENT AND IN COMMITTEE OF THE WHOLE HOUSE
5. ELECTION OF THE SPEAKER
6. DUTIES OF THE CLERK
7. COMMENCEMENT OF SESSIONS AND MEETINGS
8. CONCLUSION OF SESSIONS AND MEETINGS
9. DAYS OF SITTING
10. HOURS OF SITTING
11. MOTIONS FOR THE ADJOURNMENT OF PARLIAMENT
12. QUORUM
13. ORDER OF BUSINESS AT SITTING
14. THE ORDER PAPER
15. ARRANGEMENT OF MOTIONS AND BILLS
16. PRESENTATION OF PETITIONS
17. PRESENTATION OF PAPERS
18. DEBATE UPON PAPERS PRESENTED
19. NATURE OF QUESTIONS
20. QUESTION DAYS
21. NOTICE OF QUESTIONS
22. CONTENT OF QUESTIONS
23. ASKING AND ANSWERING OF QUESTIONS
24. STATEMENTS BY MINISTERS
25. MATTERS OF PRIVILEGE
26. NOTICE OF MOTIONS AND AMENDMENTS
27. MANNER OF GIVING NOTICE OF MOTIONS AND AMENDMENTS
28. MOTIONS AND AMENDMENTS REQUIRING RECOMMENDATION
29. MANNER OF DEBATING MOTIONS
30. MANNER OF DEBATING AMENDMENTS TO MOTIONS
31. WITHDRAWAL OF MOTIONS AND AMENDMENTS
32. TIME AND MANNER OF SPEAKING
33. OCCASIONS WHEN A MEMBER MAY SPEAK MORE THAN ONCE
34. INTERRUPTIONS
35. ADJOURNMENT OF DEBATE OR OF PROCEEDINGS OF A COMMITTEE
36. CONTENT OF SPEECHES
37. BEHAVIOR OF MEMBERS NOT SPEAKING
38. DECISION OF SPEAKER FINAL
39. ORDER IN PARLIAMENT AND COMMITTEE
40. DECISION ON QUESTIONS
41. COLLECTION OF VOICES
42. DIVISIONS
43. FORM OF BILLS
44. NOTICE OF PRESENTATION OF BILLS
45. EXAMINATION OF BILLS BY THE SPEAKER
46. PRESENTATION AND PUBLICATION OF BILLS
47. FIRST READING OF BILLS
48. SECOND READING OF BILLS
49. COMMITTAL OF BILLS
50. FUNCTIONS OF COMMITTEES ON BILLS
51. AMENDMENTS TO BILLS
52. PROCEDURE IN COMMITTEE OF THE WHOLE HOUSE ON A BILL
53. PROCEDURE ON REPORTING OF BILL FROM COMMITTEE OF THE WHOLE HOUSE
54. PROCEEDINGS ON RECOMMITTAL OF BILL REPORTED FROM COMMITTEE OF THE WHOLE HOUSE
55. PROCEDURE IN SELECT COMMITTEE ON A BILL
56. PROCEDURE ON REPORTING OF BILL FROM SELECT COMMITTEE
57. PROCEEDINGS ON RECOMMITTAL OF BILL REPORTED FROM SELECT COMMITTEE
58. THIRD READING OF BILLS
59. WITHDRAWAL OF BILLS
60. PRESENTATION OF BILLS FOR ASSENT BY THE GOVERNOR-GENERAL
61. PRESENTATION AND SECOND READING OF APPROPRIATION BILL
62. THE COMMITTEE OF SUPPLY
63. ALLOTMENT OF TIME IN COMMITTEE OF SUPPLY
64. PROCEDURE IN COMMITTEE OF SUPPLY
65. AMENDMENTS TO HEADS IN COMMITTEE OF SUPPLY
66. THIRD READING OF APPROPRIATION BILL
67. SUPPLEMENTARY APPROPRIATION BILLS
68. APPOINTMENT, NOMINATION AND FUNCTIONS OF SELECT COMMITTEES
69. PUBLIC ACCOUNTS COMMITTEE
70. PARLIAMENTARY HOUSE COMMITTEE
71. BILLS AND LEGISLATION COMMITTEE
71A. CONSTITUTION REVIEW COMMITTEE
71B. FOREIGN RELATIONS COMMITTEE
71C. EDUCATION AND HUMAN RESOURCES TRAINING COMMITTEE
71D. HEALTH AND MEDICAL SERVICES COMMITTEE
71E. POLICE AND NATIONAL SECURITY COMMITTEE
71F. PUBLIC EXPENDITURE COMMITTEE
71G. ENVIRONMENTAL AND CONSERVATION COMMITTEE
72. PROCEDURE ON SELECT COMMITTEES
73. SPECIAL COMMITTEES
74. PREMATURE PUBLICATION OF EVIDENCE
75. ATTENDANCE AT COMMITTEES
76. ELECTION OF GOVERNOR-GENERAL
77. EMPLOYMENT OF MEMBERS IN PROFESSIONAL CAPACITY
78. DECLARATION AND DISCLOSURE OF PERSONAL INTEREST
79. ADMISSION OF PRESS AND PUBLIC
80. WITHDRAWAL OF STRANGERS
81. WITHDRAWAL OF STANDING ORDERS
82. PROCEDURE IN CASE OF DOUBT
SOLOMON ISLANDS INDEPENDENCE ORDER 1978
(L.N. No. 43 OF 1978)
THE STANDING ORDERS OF THE NATIONAL
PARLIAMENT OF SOLOMON ISLANDS
(Section 62 of the Constitution)
In
accordance with Section 62 of the Constitution the National Parliament
of Solomon Islands hereby makes the following Standing Orders –
1. INTERPRETATION
(1) In these Orders, unless the context otherwise requires
"Clerk" means the Clerk to the Parliament and includes any assistant to the Clerk acting as such on the authority of the Speaker;
"the Constitution" means the Constitution of Solomon Islands set out in the Schedule to the Solomon Islands Independence Order 1978;
"Mace" means the mace of Parliament;
"Member" means a Member of Parliament elected in accordance with Section 47 of the Constitution;
"Minister" means a member of the Cabinet;
"Parliament" means the National Parliament of Solomon Islands;
"Speaker" means any person presiding in Parliament in accordance with Section 65 of the Constitution;
(2)
In these Orders, unless the context otherwise requires, reference to
printing shall include all mechanical, electrical and photographic
methods of reproducing words in visible form.
(3) Subject to the
provisions of paragraph (1) of this Order, expressions used in these
Orders shall, unless the context otherwise requires, have the same
meanings as in the Constitution.
PART BMEMBERS AND OFFICERS OF PARLIAMENT
2. OATH OR AFFIRMATION OF ALLEGIANCE
(1)
No Member shall be permitted to take part in the proceedings of
Parliament (other than proceedings necessary for the purposes of this
Order and Section 63 of the Constitution) until he has made the oath or
affirmation of allegiance prescribed by that section.
(2) On the
first day of the first session of a new Parliament the Clerk shall
administer the oath or affirmation of allegiance to each Member by
calling before him in alphabetical order the Members elected to serve
in that Parliament.
(3) The Clerk shall administer the oath or
affirmation of allegiance prescribed by Section 63 of the Constitution
to any Member who has during the course of a session been elected to
serve in Parliament at the first sitting at which such Member attends.
3. LANGUAGE
(1)
Subject to paragraph (2) of this Order, the proceedings and debates of
Parliament shall be in the English language or in pidgin.
(2)
Every petition, bill, motion, paper, written question, report,
declaration of interest and notice and every amendment thereof, shall
be in the English language.
4. PRESIDING IN PARLIAMENT AND IN COMMITTEE OF WHOLE HOUSE
(1)
Any question as to who shall preside at sittings of Parliament and
sittings of a Committee of the Whole House shall be determined in
accordance with Section 65 of the Constitution.
(2) The person presiding shall be known and addressed as the Speaker.
(3)
Whenever Parliament resolves itself into a Committee of the Whole
House, the Speaker shall leave his chair and seat himself at the
Clerk’s table as Chairman of the Committee; and when Parliament resumes
he shall return to his chair.
(4) The person presiding in
Parliament or acting as Chairman of a Committee of the Whole House
shall while so presiding or acting enjoy all the powers conferred by
these Orders on the Speaker.
(5) During sittings of Parliament
the mace shall be on the Clerk’s table and during sittings of a
Committee of the Whole House it shall be under the Clerk’s table.
5. ELECTION OF SPEAKER
(1)
The Speaker shall be elected at the first sitting of Parliament after a
general election or after the Office of Speaker has become vacant, in
accordance with the provisions of this Order.
(2) Every citizen
of Solomon Islands over the age of twenty-one and who is otherwise
qualified for election as a Member shall be eligible for election as
Speaker.
(3) Nomination papers shall be issued to Members by the
Clerk not less than two clear days before the first sitting of the new
Parliament and shall be returned to him not later than 4.00 p.m. on the
day immediately preceding the date fixed for the first sitting of the
new Parliament.
Provided that where the Office of Speaker has
become vacant during the course of Parliament a date shall be fixed for
the election by the Clerk and this paragraph shall read accordingly.
(4)
A list setting out all the candidates who have been nominated shall be
made available to each Member before the commencement of voting.
(5)
The election shall be by secret ballot and each Member shall have only
one vote at the first and each subsequent ballot, if any, and shall be
held in accordance with paragraphs (6) to (12) of this Order.
(6) If any candidate should at any ballot receive an absolute majority of votes he shall be declared to be elected as Speaker.
(7) If no candidate should receive an absolute majority of votes at the first ballot a further ballot shall be held wherein -
(a) the candidate who received fewest votes at the first ballot shall thereby be eliminated; or
(b)
if there is a tie between two or more candidates for the fewest number
of votes received at the first ballot the Clerk shall decide by lot
which one of such candidates shall be eliminated.
(8) If
in a second ballot no candidate should receive an absolute majority of
the votes of the Members, subject to paragraph (10) of this Order,
further ballots shall be held until one candidate receives an absolute
majority of votes.
(9) The procedure specified in paragraphs (6)
and (7) of this Order relating to the first and second ballots shall
apply in relation to subsequent ballots.
(10) If, after one or
more ballots, all candidates save two have been eliminated, not more
than three further ballots shall be held to decide the election between
these two candidates.
(11) If the three further ballots referred
to in the preceding paragraph do not result in either of the two
candidates receiving an absolute majority of votes then the Clerk shall
re-commence the procedure de novo.
(12) Upon the decision of the
Members being known on accordance with the voting procedure the Clerk
will forthwith announce the name of the person elected as Speaker.
6. DUTIES OF THE CLERK
(1)
The Clerk shall be responsible for keeping the minutes of proceedings
of Parliament and of Committees of the Whole House. The minutes of
proceedings shall record the Members attending, all decision taken and
details of every division held.
(2)
The Clerk shall submit the minutes of proceedings of each sitting to
the Speaker for his signature and shall then distribute copies to
Members before the commencement of the next sitting.
(3) The
Clerk shall be responsible for preparing from day to day an Order Book
showing all future business of which notice has been given. The Order
Book shall be open to the inspection of Members at all reasonable hours.
(4) The Clerk shall be responsible for preparing for each sitting -
(a) an Order Paper showing the business for that sitting;
and
(b)
a Notice Paper recording all notices entered in the Order Book on the
previous day if Parliament then sat, or in the case of the first
sitting after an adjournment over one or more days, all notices entered
in the Order Book since Parliament last sat.
(5) The Clerk
shall be responsible for the custody of the votes, records, bills and
other documents laid before Parliament, which shall be open to
inspection, by Members and other persons under arrangements approved by
the Speaker.
(6) The Clerk, acting under the directions of the
Speaker, shall be responsible for the production of an official report
of all speeches made in Parliament and in Committees of the Whole House.
(7) The Clerk shall be responsible for providing every Select Committee of Parliament with a clerk.
(8)
The Clerk shall perform further duties laid upon him in these Orders
and all other duties in the service of Parliament ordered by Parliament
or directed by the Speaker.
PART CSESSIONS, MEETINGS, SITTINGS ANDADJOURNMENTS OF PARLIAMENT
7. COMMENCEMENT OF SESSIONS AND MEETINGS
(1)
Each session of Parliament shall be held at such place and on such days
and shall begin at such time as the Governor-General may appoint in
accordance with Section 72 of the Constitution.
(2) Written
notice of every meeting of Parliament shall be given to Members by the
Clerk at least thirteen clear days before the day of the meeting except
in the case of the first meeting following the constitution or
the re-constitution of Parliament or in a case of emergency where
the Governor-General, acting on the advice of the Prime Minister, may
dispense with such notice in which event the longest possible notice
shall be given.
(3) The Governor-General may, after consultation
with the Prime Minister, at any time after he has determined the day
and time upon which a meeting is to begin, change the day or time so
determined to a later day or time, or in cases of emergency to an
earlier day or time.
(4) At the first sitting of any meeting the
Governor-General, on the invitation of the Prime Minister, may deliver
a speech to Parliament.
(5) Immediately after the
Governor-General has delivered such a speech, the sitting may be
suspended for such period or Parliament may be adjourned until such day
as the Speaker may determine.
(6) At the resumption of the
sitting, or on the day to which Parliament is adjourned under paragraph
(5) of this Order, a motion may be moved without notice for an address
of thanks to the Governor-General for his speech.
(7) A motion under paragraph (6) of this Order shall be moved in the following form -
That an address be presented to His Excellency the Governor-General as follows: "We,
the National Parliament of Solomon Islands here assembled, beg leave to
offer thanks for the speech which has been addressed by you to
Parliament."
(8) Amendments may be moved to the motion
described in paragraph (7) of this Order only by way of adding words at
the end of the motion.
8. CONCLUSION OF SESSIONS AND MEETINGS
(1)
A session shall be concluded when Parliament is prorogued by the
Governor-General in accordance with Section 73(1) of the Constitution.
(2) A meeting shall be concluded by the adjournment of Parliament for the conclusion of the meeting.
(3)
A motion to determine the day for the conclusion of a session or
meeting shall only be moved by a Minister and in the following terms -
"That
at the adjournment of Parliament on (here the date for conclusion of
the meeting shall be entered) the present meeting shall be concluded
and Parliament shall then stand adjourned sine die".
(4)
No amendment to the motion described in the foregoing paragraph shall
be in order save only an amendment to substitute another date for the
date mentioned in the motion and any debate on the motion shall
be confined to the substance of the motion.
9. DAYS OF SITTING
(1)
During the course of a meeting, unless it has been previously decided
otherwise on a motion moved by a Minister, Parliament shall sit on
Mondays, Tuesdays, Wednesdays, Thursdays and Fridays, other than public
holidays.
(2) A motion moved under paragraph (1) of this Order may provide that -
(a) Parliament shall sit on any Saturday, Sunday or public holiday named in the motion;
(b) Parliament shall sit on any day or days named in the motion.
(3)
Whenever Parliament is adjourned, it shall stand adjourned to the next
sitting day as determined by paragraphs (1) and (2) of this Order,
unless adjourned under the provisions of Order 8.
10. HOURS OF SITTING
(1) Every sitting other than the first sitting of a meeting shall begin at 9.30 a.m.
(2)
At 4.30 p.m. the proceedings on any business under consideration shall
be interrupted, any motion which has been moved in pursuance of Order
35 shall lapse and if Parliament is in Committee the Speaker shall
return to his chair:
Provided that if the Speaker is of opinion
that the proceedings on which Parliament is engaged could be concluded
by a short deferment of the moment of interruption, he may in his
discretion defer interrupting the business.
(3) If a division is
in progress at 4.30 p.m. the business shall not be interrupted until
after the declaration of the result of the division.
(4) Save as
provided in paragraph (4) of Order 11, no further business shall be
entered upon after the interruption of business under paragraph (2) of
this Order.
(5) The Speaker may at any time suspend a sitting or
adjourn Parliament and if he shall adjourn Parliament, Parliament shall
stand adjourned in accordance with Order 9.
(6) A motion moved
with the consent of the Speaker to suspend this Order in accordance
with Order 81, and passed shall permit the continuation of the business
of the House until adjourned by the Speaker under the foregoing
paragraph of this Order or, where such motion so states, shall permit
the commencement of a specified sitting before 9.30 a.m.
11. MOTIONS FOR THE ADJOURNMENT OF PARLIAMENT
(1)
When for any sufficient reason it is not desired to formulate a motion
in express terms for the purpose of debating a matter or matters, a
motion that Parliament do now adjourn may be moved for the purpose of
such debate.
(2) Such a motion shall not require notice but
shall not be moved except between two items of business and then only
by a Minister.
(3) If such a motion shall be agreed to, Parliament shall stand adjourned in accordance with Order 9.
(4)
After the interruption of business under paragraph (2) or Order 10 or
at the conclusion of all the business on the Order Paper, whichever is
the earlier, a Minister may move that Parliament do now adjourn.
(5)
On a motion moved under paragraph (4) of this Order a Member who is not
a Minister and who has obtained the right to do so, may raise any
public matter for which the Government is responsible with a view of
eliciting a reply from a Minister.
(6) A Member who wishes to
raise a matter under the provisions of paragraph (5) of this Order
shall give notice of the matter in writing to the Speaker not less than
one clear day before the sitting at which he wishes to do so:
Provided that the Speaker may in his discretion dispense with such notice.
(7)
If at the expiration of twenty minutes from the moving of motion under
paragraph (4) of this Order a Minister has not yet been called upon to
reply, the Speaker shall direct the Member then speaking to resume his
seat and shall call upon a Minister to reply.
(8) If at the
expiration of thirty minutes from the moving of the motion under
paragraph (4) of this Order such motion has not been agreed to, the
Speaker shall adjourn Parliament without putting any question.
12. QUORUM
(1)
Any question as to the quorum of Parliament and of a committee of the
whole House shall be determined in accordance with section 67 of the
Constitution as supplemented by this order.
(2) For the purpose
of section 67 of the Constitution, the interval after which the Speaker
may ascertain the number of Members present shall be fifteen minutes
(during which the Speaker may leave the chair) and if the Speaker
adjourns Parliament in pursuance of section 67, he shall do so without
the question being put and the Assembly shall then stand adjourned to
the next sitting day in accordance with order 9.
(3) If
objections are taken under section 67 of the Constitution in Committee
of the whole House, paragraph (2) of this order shall apply, save that
if the Speaker is satisfied that a quorum is not then present he shall
leave the chair of the committee and Parliament shall be resumed prior
to being adjourned in accordance with paragraph 2 of this Order.
PART DARRANGEMENT OF BUSINESS
13. ORDER OF BUSINESS AT SITTING
(1) The business of each sitting other than the first sitting of a meeting shall be transacted in the following order –
(a) Prayers.
(b) Administration of Oaths or Affirmations
(c) Reading by the Speaker of messages and announcements.
(d) Presentation of petitions.
(e) Presentation of papers and of reports of Select Committees by laying them on the Table.
(f) Asking and Answering of questions put to the Government.
(g) Statements by Ministers.
(h) Statements on business by or on behalf of the Prime Minister or Chairman of the Business Committee.
(i) Personal explanations.
(j) Obituary and other ceremonial speeches.
(k) Raising of matters of privilege.
(l) Proceedings on motions and bills.
(2)
The items of business mentioned in subparagraph (b), (c), (d), (e),
(g), (h), (j), and (k) of paragraph (1) of this order shall not require
notice; but with the exception of subparagraphs (b) and (c) shall not
be entered upon save with the previous leave of the Speaker.
14. THE ORDER PAPER
(1) All items of business of which notice has been given shall be placed on the Order Paper in the order required by order 13.
(2)
Oral questions to the Government shall be placed on the Order Paper in
accordance with the provisions of paragraph (1) of order 23.
(3) Proceedings on motions and on bills shall be placed on the Order Paper in accordance with the provisions of order 15.
15. ARRANGEMENT OF MOTIONS AND BILLS
(1)
Subject to the provisions of these Orders, the motions and bills to be
considered by Parliament on any day shall be determined as laid down in
this order.
(2) The Prime Minister shall determine the motions
or bills to be considered on any day except Friday or any other day
allocated by him and the order in which they shall be set down upon the
Order Paper.
(3) On Fridays or any other day allocated under the provisions of paragraph (2) of this Order the Business Committeei
shall determine the motions proposed to be made by and the bills in
charge of Members who are not Ministers to be considered and the order
in which these shall be set down upon the Order Paper:
Provided that -
(a) the number of motions to be moved on any one day be limited to not more than twelve;
(b)
when the number of motions of which notice has been given exceeds
twelve in number the Business Committee may decide which motions should
be deferred to a subsequent day in the same meeting, what
priority should be given to such deferred motions for later
debate, or that time should not be allocated for debate on any motion
during a particular meeting in which case the said motion shall lapse
unless further notice is given by the Member concerned to the Clerk
that he wishes to move the motion at a subsequent meeting;
(c)
If in the opinion of the Business Committee there are insufficient such
motions or bills to occupy the time of Parliament on any Friday, the
Business Committee may direct that there be set down to follow such
motions or bills upon the Order Paper such other motions or bills as
the Prime Minister may request.
(4) At the beginning of
each meeting and on Friday of each week, statements shall be made by or
on behalf of the Prime Minister and the Chairman of the Business
Committee informing Parliament, so far as is practicable, of the
motions and bills arranged to be considered on each day of the
following week.
(5) The Prime Minister may on any day make a
further statement informing Parliament of any changes in, or additions
to, the arrangement of motions and bills already announced in
accordance with paragraph (4) of this Order.
PART EPETITIONS AND PAPERS
16. PRESENTATION OF PETITIONS
(1) A petition may be presented to Parliament only by a Member.
(2)
A Member who wishes to present a petition to Parliament shall inform
the Speaker not later than the day before the sitting at which he
wishes to present it. When so informing the Speaker he shall certify in
writing to the
Speaker that the petition is respectful and in his opinion deserving of presentation.
(3)
Except on the recommendation of the Cabinet the Speaker shall not
permit a petition to be received, if in his opinion the petition
requests that provision be made for any of the purposes set out in
Section 60 of the Constitution.
(4) The signification of the Cabinet’s recommendation shall be recorded in the minutes of proceedings.
(5)
No speech shall be made by a Member when presenting a petition other
than a brief statement of the number and description of the petitioners
and the substance of the petition.
(6) If immediately after the
petition has been presented a Member rises in his place and requests
that the petition be referred to a Special Select Committee, the
Speaker shall call upon those Members who support the request to rise
in their places. If the total number, including the Member who first
rose, who have then risen is not less than half the Members the
petition shall stand referred to a Special Select Committee.
17. PRESENTATION OF PAPERS
(1) In this Order "paper"
means any account, paper, return, order, statement or other document
which is ordinarily laid upon the Table at the time appointed by Order
13.
(2) A paper may be presented to Parliament only by either -
(a) a Minister;
(b) any other Member authorised so to do by the House;
or
(c) any other person authorised or required by law so to do.
(3)
Whenever a Minister or other Member or person authorised or required by
law so to do wishes to present a paper he shall send a copy of it to
the Clerk who shall lay it on the Table at the opening of the next
sitting and shall record its presentation in the minutes of
proceedings of that sitting.
18. DEBATE UPON PAPERS PRESENTED
(1)
At any time after the recording of the presentation of a paper as
mentioned in subparagraph (a) and (b) of paragraph (2) of Order 17 the
Minister or other Member who presented the paper or, in the case of a
paper presented as mentioned in subparagraph (c) of that
paragraph, any Member may give notice of a motion that Parliament
resolve itself into a Committee of the Whole House to consider the
paper. Debate upon such motion shall be confined to the general
principles set forth in the paper.
(2) If a motion under
paragraph (1) of this order be agreed to, Parliament shall resolve
itself into Committee. Debate in Committee may extend over all the
details contained in the paper, which shall be discussed
paragraph by paragraph unless otherwise decided by the Speaker
having regard to the convenience of the Committee. No question shall be
put on, nor any amendment proposed to, any part of the paper and at
the conclusion of the debate no question shall be put save that
the Minister or other Member who moved the motion do report to
Parliament that the Committee has considered the paper.
(3) As
soon as the Minister or other Member who moved the motion has reported
that the Committee has considered the paper, a motion may be made
forthwith, or on a later day after notice, that Parliament agrees to
the proposals contained in the paper.
(4) Any member may, if the
Minister or other Member who presented the paper has not given notice
of a motion in accordance with paragraph (1) of this Order, ask a
question or move a motion relating thereto in accordance with
these Orders.
PART FQUESTIONS TO THE GOVERNMENT
19. NATURE OF QUESTIONS
Any
Member who is not a Minister may address a question to the Government
relating to a public matter for which the Government is responsible,
either seeking information on such matter or asking for official action
with regard to it.
20. QUESTION DAYS
(1) Questions may be asked on any sitting day other than at the first sitting of a meeting and on Fridays.
(2)
On any question day not more than twelve questions may be asked and so
far as practicable Members shall be afforded equal opportunity of
asking questions.
(3) Notwithstanding paragraph (2) of this
Order a question which the Speaker has permitted to be asked in
accordance with paragraph (4) of Order 21 may be asked on any sitting
day.
21. NOTICE OF QUESTIONS
(1) A question shall not be asked without notice except as provided in paragraph (4) of this Order.
(2) A Member shall give notice of a question by delivering to the Office of the Clerk a copy thereof signed by him.
(3) A Member may not ask more than two questions of which notice has been given on any one question day.
(4)
If a Member asks the permission of the Speaker to ask a question
without notice on the ground that it is of an urgent character and
relates to a matter of public importance or to the arrangement of
business, the Speaker may permit the question to be asked without
notice, if he is satisfied that it is of that nature and that
sufficient private notice of the question has been or is to be
given by the Member concerned to the Government to enable the question
to be answered.
(5) Notice of a question may specify that the answer thereto may be given in writing.
22. CONTENT OF QUESTIONS
(1) A question shall conform to the following rules -
(a)
A question shall not include the names of persons or any statement
other than those necessary to make the question intelligible.
(b) A question shall not contain a statement which the Member who asks the question is not prepared to substantiate.
(c)
A question shall not contain arguments, inferences, expressions of
opinion, imputations, epithets or tendentious, ironical or offensive
expressions.
(d) A question shall not refer to debates or answers to questions in the current meeting.
(e) A question shall not refer to proceedings in a Select Committee before that Committee has made its report to Parliament.
(f) A question shall not seek information about a matter which is of its nature secret.
(g)
A question shall not reflect on the decision of a court of law or be so
framed as to be likely to prejudice a case pending in a court of law.
(h)
A question shall not be asked for the purpose of obtaining an
expression of opinion, the solution of an abstract legal question, or
the answer to a hypothetical proposition.
(i) A question shall not be asked whether statements in the press or of private individuals or private concerns are accurate.
(j)
A question shall not be asked about the character or conduct of any
person mentioned in paragraphs (7) and (8) of Order 36 and a question
shall not be asked about the character or conduct of any other person
except in his official or public capacity.
(k) A question shall not be asked seeking information which can be found in accessible documents or ordinary works of reference.
(l) A question which has already been set down or has been fully answered shall not be asked again during the same meeting.
(2)
If the Speaker is of the opinion that a question of which a Member has
given notice to the Clerk, or which a member has sought to ask without
notice, infringes any of the provisions of Order 91 or of this Order he
may direct -
(a) that it be placed on the Order Paper with such alterations as he may direct; or
(b)
in the case of a question which a Member has sought to ask without
notice, that it may be so asked with such alterations as he may direct;
or
(c) that the Member concerned be informed that the question is out of order.
23. ASKING AND ANSWERING OF QUESTIONS
(1)
Every question in respect of which a Member has given due notice under
the provisions of Order 21 and which complies with the provisions of
Order 19 and Order 22 shall be put on the Order Paper for a question
day not being earlier than four clear days during which the House
sits after the question has appeared on the Notice Paper.
(2)
The questions to be asked on each question day shall, subject to the
provisions of paragraph (2) of Order 20, be placed on the Order Paper
by the Clerk in the order in which they appear on the Notice Paper, and
in the order indicated by the Member.
Provided that
questions which specify that the answer may be given in writing shall
be placed after questions which do not so specify.
(3) Subject
to subparagraph (4) when each question is reached on the Order Paper
the Speaker shall call on the Member in whose name the question stands.
The Member called shall then rise in his place and ask
the question by reference to its number on the Order Paper and the
Minister who is to answer it shall give his reply.
(4) When any
question specifies that the answer may be given in writing it shall be
sufficient reply for the Minister to state that the question has been
so answered prior to the commencement of proceedings on the day
of sitting at which the question is reached and thereupon the
answer in writing shall be deemed to be read into the minutes of
proceedings.
(5) After the Minister has given an answer to a
question any Member may put supplementary questions to him for the
purpose of elucidating his answer but the Speaker shall refuse to allow
a supplementary question to be
answered, if in his opinion it
introduces a matter which is not related to the original question or
answer or which infringes any of the provisions of Order 19 or Order 22.
(6) A Member shall not address Parliament on a question and a question shall not be made a pretext for a debate.
(7)
If a Member is not present to ask his question when his name is called,
the question shall be postponed until the next question day.
PART GSTATEMENTS AND RAISING OF MATTERS OF PRIVILEGE
24. STATEMENTS BY MINISTERS
(1)
A Minister who wishes to make a statement on some public matter for
which the Government is responsible shall inform the Speaker of his
wish before the beginning of the sitting at which he wishes to make
the statement.
(2) No debate may arise on such statement
but the Speaker may in his discretion allow short questions to be put
to the Minister making the statement for the purpose of elucidating it.
25. MATTERS OF PRIVILEGE
(1)
A Member who wishes to raise a matter which he believes affects the
privileges of Parliament may, not later than the day before the sitting
at which he wishes to raise the matter, inform the Speaker of his wish,
stating the facts to which he wishes to draw attention.
(2) When
a Member is called by the Speaker to raise a Matter of Privilege he
shall briefly state the facts to which he wishes to draw the attention
of Parliament and the grounds on which he believes that those facts
affect the privilege of Parliament.
(3) The Speaker shall then state whether in his opinion the matter affects the privilege of Parliament.
(4)
A Member may without notice move a motion based on that Matter of
Privilege and the motion shall be debated forthwith and in priority to
any business arranged in accordance with the provisions of Order 15.
26. NOTICE OF MOTIONS AND AMENDMENTS
(1)
Except as otherwise provided in these Orders or with the prior
permission of the Speaker on grounds of public urgency no Member shall
move a motion in Parliament unless such motion has appeared in the
Notice Paper three clear days before the day on which it is to be
considered by Parliament or a Committee thereof.
(2) Except as otherwise provided in these Orders no amendment shall be moved to a motion unless either -
(a)
notice of the amendment has been given not later than one clear day
before the day on which the motion concerned is to be considered by
Parliament;
or
(b) the Speaker gives leave to dispense with notice of the amendment.
(3)
A Member may not, on any day upon which the Business Committee have
determined that motions may be moved under paragraph (3) of Order 15,
move more than two motions in respect of which he shall have
given notice or have received the prior permission of the Speaker
under paragraph (1) of this Order.
27. MANNER OF GIVING NOTICE OF MOTIONS AMENDMENTS
(1)
Notice of a motion or an amendment shall be given by the delivery of a
copy of the proposed motion or amendment in writing signed by the
Member to the Clerk who shall thereupon submit a copy to the Speaker.
(2)
Subject to paragraph (3) of this Order the Speaker may direct that the
motion or amendment be printed in the terms in which it was submitted
to him or subject to such correction of spelling, punctuation and
grammatical
errors as he may specify.
(3) If the Speaker is of the opinion that the proposed motion or amendment -
(a) is one which infringes, or the debate on which is likely to infringe, any of the provisions of these Orders; or
(b) is contrary to the Constitution; or
(c) is too long; or
(d) embraces more than one substantive motion or amendment; or
(e) is framed in terms which are inconsistent with the dignity of Parliament; or
(f) contains or implies allegations which in the Speaker’s opinion cannot be substantiated by the Member; or
(g) contains matter which is inconsistent with paragraphs (2), (3), (4), (5), (7) or (8) of Order 36; or
(h) anticipates a matter already appointed for consideration in Parliament; or
(i)
is ambiguous or cannot or may not be understood, he may direct either
that the motion or amendment be returned to the Member as inadmissible
or that it be printed with such alterations as may be agreed with the
Member.
28. MOTIONS AND AMENDMENTS REQUIRING RECOMMENDATION
(1)
In the case of a motion or amendment to a motion, the effect of which,
in the opinion of the Speaker, is that provision should be made for any
of the purposes set out in Section 60 of the Constitution (that is to
say, that such motion if carried, would require the introduction
of a bill to make provision for imposing or increasing any tax, for
imposing or increasing any charge on the Consolidated Fund or other
funds of Solomon Islands, including aid funds which have been or
might be made available to Solomon Islands or for altering any such
charge otherwise than by reducing it, or for compounding or
reducing any debt due to Solomon Islands), the Speaker shall first
transmit the motion or amendment to the Cabinet with a request that a
Minister signify whether or not he will give a recommendation for the
purposes of Section 60 of the Constitution, and unless the
Minister so signifies, the motion or amendment shall neither be printed
no included in any Notice or Order Paper.
(2) Except upon the
recommendation of the Cabinet signified by a Minister and recorded in
the minutes of the proceedings, Parliament shall not proceed upon such
a motion or amendment as is referred to in the proceeding paragraph.
29. MANNER OF DEBATING MOTIONS
(1)
A Member called upon by the Speaker to move a motion shall rise in his
place and, after making such remarks as he may wish to make, shall move
the motion, stating its terms.
(2) When a motion has been moved,
the Speaker shall propose the question thereon to Parliament or the
Committee in the same terms as the motion; debate may then take place
on that question.
(3) Amendments of which notice has been given
or dispensed with in accordance with subparagraphs (2) (a) or (2) (b)
of Order 26 may be moved to a motion at any time after the question has
been proposed on that motion by the Speaker; and after all the
amendments have been disposed of the Speaker shall again propose the
question on the motion or shall propose the question on the motion as
amended, as the case may require, and a further debate may take place.
(4)
When no more Members wish to speak, the Speaker shall put the question
on the motion or on the motion as amended to Parliament or to the
Committee for its decision.
30. MANNER OF DEBATING AMENDMENTS TO MOTIONS
(1)
A Member called upon by the Speaker to move an amendment to a motion
shall rise in his place and after making such remarks as he may wish to
make shall move the amendments stating its terms.
(2) An amendment to a motion shall take one of the following forms -
(a) leaving out one or more of the words of the motion;
(b) inserting or adding one or more words in the motion or at the end of the motion;
(c) leaving out one or more words of the motion and inserting or adding one or more words instead.
(3)
When an amendment has been moved, the Speaker shall thereupon propose
the question on the amendment to Parliament or the Committee and a
debate may then take place on that question.
(4)
(a)
On an amendment to leave out any of the words of a motion the question
proposed by the Speaker shall be that the words proposed to be left
out, be left out.
(b) On an amendment to insert words in or to
add words at the end of a motion, the question proposed by the Speaker
shall be that those words be inserted or added.
(c) On an
amendment to leave out words and insert or add other words instead, the
Speaker shall propose one question only on the amendment.
(d)
When two or more amendments are moved to the same motion the Speaker
shall call on the movers in the order in which their amendments relate
to the text of the motion, or in case of doubt, in such order as he may
determine.
(e) Once the Speaker has proposed a question to leave
out words of a motion, no amendment to leave out part only of those
words may be proposed unless the earlier amendment is first withdrawn.
31. WITHDRAWAL OF MOTIONS AND AMENDMENTS
(1)
A motion or an amendment may be withdrawn at the request of the mover
by leave of Parliament or the Committee before the question is fully
put thereon if there is no dissenting voice. A motion or amendment
which has been so withdrawn may be proposed again if, in the case
of a motion, notice required by these Orders is given.
(2) A
notice of motion or an amendment may be withdrawn from the Notice Paper
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.
32. TIME AND MANNER OF SPEAKING
(1) A Member shall speak standing and shall address his observations to the Speaker.
(2)
When the Speaker rises, during proceedings in Parliament or in
Committee of the Whole House, every other Member shall be seated.
(3) If two or more Members rise at the same time to speak the Speaker shall select a Member and call on him to speak.
(4) When a Member has finished speaking he shall resume his seat and any other Member wishing to speak shall then rise.
(5) A Member shall whenever possible avoid referring to another Member by name.
33. OCCASIONS WHEN A MEMBER MAY SPEAK MORE THAN ONCE
(1) Save with the leave of the Speaker a Member may not speak more than once on a question except -
(a) in Committee; or
(b) in explanation as provided in paragraph (2) of this order; or
(c) in the case of the mover of a motion, in reply in accordance with paragraph (3) of this order.
(2)
A Member who has spoken on a question may again be heard if the Speaker
so permits, to explain some material part of his speech which has been
misquoted or misunderstood but when speaking he shall not
introduce any new matter.
(3) In Parliament the mover of a
motion may reply after all the other Members present have had an
opportunity of speaking and before the question is put.
(4) A
Member who has spoken on a question may speak again on an amendment
proposed to that question and on a motion that the debate be now
adjourned, moved during the debate on that question.
(5) No Member may speak on a question after it has been fully put by the Speaker of Parliament or a Committee for decision.
34. INTERRUPTIONS
(1) A Member shall not interrupt another Member except -
(a)
by rising to call attention to a point of order whereupon the Member
speaking shall resume his seat and the Member interrupting shall
concisely state the point which he wishes to bring to notice and submit
it to the Speaker for decision; or
(b) to elucidate some matter
raised by that Member in the course of his speech, if the Member
speaking is willing to give way and resume his seat and the Member
wishing to interrupt is called by the Speaker.
(2) The date on a question may be interrupted -
(a) by a matter of privilege suddenly arising;
(b) by the Speaker intervening to restrain words of heat between Members;
(c) by question of order;
(d) by a message from the Governor-General;
(e) by a Member presenting himself to take the oath of allegiance;
(f) by a motion that strangers withdraw;
(g) by objection being taken under Section 67 of the Constitution that there is not a quorum present;
(h) by the making, by leave of the Speaker, of a ministerial statement.
35. ADJOURNMENT OF DEBATE OR OF PROCEEDINGS OF A COMMITTEE
(1)
A Member who has risen to speak on a question proposed by the Speaker
may without notice move that the debate on that question be now
adjourned. Thereupon the Speaker shall propose the question on that
motion.
(2) When a motion that the debate be now adjourned has
been carried the debate on the question then before Parliament shall
stand adjourned and Parliament shall proceed to the next item of
business.
(3) When a motion that the debate be now adjourned has
been negative, the debate on the question then before Parliament shall
be continued and no further motion that the debate be now adjourned
shall be moved during that debate except by a Minister.
(4) When
Parliament is in Committee a Member may without notice move that
further proceedings of the Committee be now adjourned. Thereupon the
Speaker shall propose the question on that motion. If the motion
is carried the Speaker shall leave the chair of the Committee and
Parliament shall resume but if the motion is negative the Committee
shall continue its proceedings.
(5) It shall not be in order to move an amendment to a motion under the provisions of this order.
36. CONTENT OF SPEECHES
(1)
A Member shall restrict his observations to the subject under
discussion and shall not introduce matters irrelevant to that subject
and without prejudice to the generality of the foregoing shall not
introduce into his speech personal references which have no direct
relevance to the subject under discussion.
(2) Reference shall
not be made to a case pending in a court of law in such a way as, in
the opinion of the Speaker, might prejudice that case.
(3) It
shall be out of order to attempt to reconsider a specific question on
which Parliament has taken a decision during the current or preceding
two meetings of that Parliament except on a substantive motion to
rescind that decision moved with the permission of the Speaker.
(4) It shall be out of order to use offensive and insulting language.
(5) A Member shall not impute improper motive to another Member or make unbecoming references to his private affairs.
(6) The name of Her Majesty or of the Governor-General shall not be used disrespectfully or to influence Parliament.
(7) The conduct of Her Majesty and members of the Royal Family shall not be called in question.
(8)
The conduct of the Governor-General, Ministers and Members and Judges
or other persons performing judicial functions shall not be raised.
37. BEHAVIOUR OF MEMBERS NOT SPEAKING
During a sitting -
(a) all Members shall enter or leave Parliament with decorum;
(b) no Member shall cross the floor of Parliament unnecessarily;
(c)
Members shall not read newspapers, books, letters, or other documents
except such matters therein as may be directly connected with the
business of Parliament; and
(d) While a Member is speaking all other Members shall be silent and shall not make unseemly interruptions.
38. DECISION OF SPEAKER FINAL
The
Speaker shall be responsible for the observance of the rules of order
in Parliament and in Committee. His decision on a point of order shall
be final.
39. ORDER IN PARLIAMENT AND COMMITTEE
(1)
The Speaker, after having called the attention of Parliament or the
Committee to the conduct of a Member who persists in irrelevance or
tedious repetition of his own or other Member’s arguments in the
debate, may direct him to discontinue his speech and if the Member does
not immediately comply his conduct shall be deemed grossly disorderly.
(2)
The Speaker, in any case where he considers that a Member has
deliberately made a remark or statement defamatory of another Member or
which contains a personal reference to any person which has no
direct relevance to the subject under discussion, may require him
to withdraw that remark or statement, and order that such remark or
statement be not included in any record of the meeting. If the Member
refuses to withdraw his remark or statement, his conduct shall be
deemed to be grossly disorderly.
(3) Where any Member has
conducted himself in a manner which is grossly disorderly the Speaker
may, after giving the Member an opportunity to be heard, either -
(a) reprimand the Member; or
(b)
order that a sum of not exceeding one hundred dollars be deducted from
any salary or allowance which may be due to the Member by virtue of his
Membership and paid into the Consolidated Fund; or
(c) suspend the Member for a period not exceeding fourteen sitting days; or
(d) impose two or more of the foregoing penalties.
(4)
Any Member may raise the matter of the grossly disorderly behavior of
another Member as though it were a matter of privilege under Order 25
and, if it is the opinion of the Speaker that the conduct complained of
is capable of being found to be grossly disorderly the Speaker
shall express the opinion for the purposes of Order 25(4) that the
matter raised may affect the privilege of Parliament.
(5) On a
motion moved under Order 25(4) for the purposes of this Order it may be
moved that the Member suffer any one or more of the penalties set out
in paragraph (2) of this Order and if passed such motion shall
take effect immediately.
(6) Where any Member is suspended,
he shall withdraw immediately from the House and shall not return until
his period of suspension has expired and the Serjeant-at-Arms shall act
on behalf of the House to ensure compliance with this Order.
40. DECISION ON QUESTIONS
All
questions proposed for decision in Parliament or the Committee shall be
determined in accordance with Section 71 of the Constitution.
41. COLLECTION OF VOICES
(1)
When the debate upon a question is concluded the Speaker shall put the
question to Parliament or the Committee and, if it shall not have been
heard, shall again put it to Parliament or to the Committee.
(2)
Every Member present in the House when the question is put is required
to vote and in case he shall not have heard the question put, the
Speaker shall again put the question.
(3) Having put the question the Speaker shall call upon those Members in favour to say "Aye" and immediately thereafter call upon those Members who are against the question to say "No".
(4)
As soon as the Speaker has collected the voices of the Ayes and the
Noes, the question being then fully put no other Member may speak on it.
(5)
The Speaker may, according to his judgement of the number of voices on
either side, then state that he thinks the Ayes have it or that he
thinks the Noes have it, as the case may be; and if no Member
challenges his statement as provided in the next succeeding
paragraph he shall declare the question to have been decided.
(6)
If a Member challenges the statement of the Speaker that he thinks the
Ayes or the Noes have it by claiming a division, then the Speaker shall
order Parliament or the Committee, as the case may be, to proceed to
a division and the division shall be held forthwith in the manner
prescribed in Order 42.
(7) Notwithstanding paragraph (4) of
this Order the Speaker may if in his opinion the division is
unnecessarily claimed, take the vote of Parliament or the Committee by
calling upon the Members who support or who challenge his decision
successively to rise in their places and he shall thereupon, as he sees
fit, either declare the determination of Parliament or the Committee or
order a division.
42. DIVISIONS
(1)
When a division has been ordered a bell shall be rung for two minutes
unless all Members be sooner present. On the conclusion of that time
the votes shall be taken by the Clerk who shall ask each Member seated
in the House by the time the bell has ceased to ring separately how he
wished to vote. 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.
(2)
As soon as the Clerk has taken the votes the Speaker shall state the
numbers voting for the Ayes and for the Noes respectively and shall
also state the number of abstentions and then declare the result for
the division.
(3) No Member shall be entitled to speak while a
division is being taken except to a point of order which, if raised,
shall immediately be dealt with by the Speaker without debate.
(4)
If a Member states that he voted in error or that his vote has been
counted wrongly, he may claim to have his vote altered if his statement
is made before the Speaker has declared the result of the division.
43. FORM OF BILLS
(1) A bill submitted for presentation shall conform with the requirements of this order.
(2) The bill shall be given a short title corresponding to the title by which it is to be cited if it becomes law.
(3) The bill shall be given a long title setting out the purposes of the bill in general terms.
Provided
that a Bill to amend those provisions of the Provincial Government Act
1981 referred to in Section 43(1) of that Act shall in the long title
show that it is intended to amend such provisions.
(4) The clauses of the bills shall be preceded by the enacting formula prescribed by law.
(5)
The bill shall be divided into clauses numbered consecutively and
having a descriptive note in the margin or at the head of each clause:
Provided
that matters of detail dependent upon the provisions of the bill may be
annexed to the bill in the form of a schedule or schedules.
(6)
An explanatory memorandum stating the contents and objects of the bill
in non-technical language shall be attached to the bill.
(7) In
the case of a Bill involving the expenditure of public money, the
explanatory memorandum shall set out briefly the financial effect of
the Bill and contain estimates, where possible, of the amount of money
involved.
(8) In the case of any Bill amending an existing Act
by reference to part only of individual Sections of that Act, the
Speaker may require that the Bill include as an annexure the whole of
those sections of the existing Act indicating clearly the amendments
that are proposed to be made by the Bill.
44. NOTICE OF PRESENTATION OF BILLS
(1)
Subject to paragraph (2) of this Order and Section 61(4) of the
Constitution a Member may at any time give notice of his intention to
present a Bill; such notice shall be accompanied by a copy of the Bill
and memorandum required by Order 43 for submission to the Speaker.
(2)
A Member who is not a Minister shall, not less than twelve clear days
before the First Reading of the Bill give notice of his intention to
present a bill.
(3) In the case of a Bill having any effect such
as is described in paragraph (1) of Order 28, the notice shall be
accompanied by a certificate signed by a Minister stating that
Cabinet’s recommendation shall be signified to the Bill on Second
Reading.
(4) In the case of a Bill which includes any provision -
a) relating to a matter that is within the legislative competence of a Provincial Assembly; or
b)
affecting the functions of a Provincial Executive, the notice shall be
accompanied either by a certificate signed by the Speaker of each
Provincial Assembly or a member of each Provincial Executive affected
by the Bill stating the date on which a copy of the Bill was
received by the Provincial Assembly or Provincial Executive as the case
may be or by such other evidence that a copy of the Bill has been sent
to the Provincial Assembly or Provincial Executive as the Speaker may
in his discretion deem satisfactory.
(5) A Member
submitting such a Bill for presentation shall be known throughout the
subsequent proceedings on the Bill as the Member in charge of the Bill.
45. EXAMINATION OF BILLS BY THE SPEAKER
(1)
The Speaker shall examine every Bill submitted for presentation and
shall satisfy that it complies with the requirements of Orders 43 and
44.
(2) If the Speaker is not satisfied that the Bill complies
with the requirements as aforesaid, he shall instruct the Clerk so to
inform the Member in charge of the Bill and no further proceedings
shall be taken in respect of the Bill.
46. PRESENTATION AND PUBLICATION OF BILLS
(1)
If the Speaker is satisfied that the Bill complies with the
requirements of Orders 43 and 44 he shall endorse the Bill to that
effect; the Bill shall then be deemed to have been presented to
Parliament.
(2) As soon as may be after presentation of a Bill
the Clerk shall cause the text of the Bill as contained in the copy
submitted to the Speaker and the explanatory memorandum required by
Order 43 to be published in such
manner as the Speaker may direct
and copies of the text of the Bill and memorandum as so published shall
be sent to every Member.
47. FIRST READING OF BILLS
(1)
The short title of every bill presented in accordance with Order 46
shall be placed upon the Order Paper for First Reading on the next
sitting day after it shall have been published.
(2) No debate
shall be allowed upon the First Reading of a Bill and the Bill shall be
deemed to have been read the first time upon the Clerk reading the
short title.
(3) When a Bill has been read the first time
Parliament shall be deemed to have ordered the Bill to be set down for
Second Reading in accordance with the provisions of Order 15 and the
order of Parliament shall be so recorded in the minutes of
proceedings and notice of motion for Second Reading shall not be
required to be given by the Member in charge of the Bill.
48. SECOND READING OF BILLS
(1)
In the case of a Bill having any effect such as is described in
paragraph (1) of Order 28 the Speaker shall call for the signification
of the recommendation of the Cabinet by a Minister before Parliament
enters upon consideration of the Second Reading of the Bill and the
motion that the Bill be now read a second time shall not be moved
unless such recommendation has been signified.
(2) The signification of the Cabinet’s recommendation shall be recorded in the minutes of proceedings.
(3)
A Bill to amend those provisions of the Provincial Government Act 1981
referred to in Section 43(1) of that Act shall not be read a second
time until 28 days have elapsed since the First Readingii.
(4)
A Bill including the provisions referred to in paragraph (4) of Order
44 shall not be read a second time until the Speaker is satisfied that
adequate notice of such provisions has been given to each Provincial
Assembly or Provincial Executive concernediii.
(5)
Parliament shall proceed to the Second Reading of a Bill on a motion
that the Bill be now read a second time and on this motion a debate may
arise confined to the general merits and principles of the Bill.
(6) No amendment may be proposed to the question that the Bill is now read a second time.
(7) When a motion for the Second Reading of a Bill has been negatived no further proceedings shall be taken on the Bill.
49. COMMITTAL OF BILLS
(1) When a Bill has been read a second time it shall stand committed to a Committee of the Whole House unless -
(a)
Parliament, on a motion which may be moved without notice by any Member
immediately after the Bill has been read a second time, commits the
Bill to a Select Committee; or
(b) the Speaker is of the opinion
that the Bill would specially benefit or otherwise specially affect
some particular person or association or corporate body, in which case
he shall direct that the Bill be
committed to a Select Committee.
(2)
Proceedings on a Bill in Committee of the Whole House shall be begun
upon a day appointed in accordance with the provisions of Order 15 and
notice of the committal shall not be required to be given by the Member
in charge of the Bill.
(3) Proceedings upon a Bill in Select
Committee shall be begun upon a day appointed in accordance with
paragraph (2) of Order 72.
50. FUNCTIONS OF COMMITTEES ON BILLS
(1) Any Committee to which a Bill is committed shall not discuss the principles of the Bill but only its details.
(2)
Any such Committee shall have power to make such amendments therein as
they shall think fit, provided that the amendments, including new
clauses and new schedules, are relevant to the subject matter of the
Bill and are otherwise in conformity with these Orders; but if any
amendment shall not be within the title of the Bill the Committee shall
amend the title accordingly and report the same specially to Parliament.
51. AMENDMENTS TO BILLS
(1)
The provisions of this Order shall apply to amendments proposed to be
moved to Bills in Committee of the Whole House in a Select Committee
and on re-committal.
(2) Notice of amendments proposed to be
moved to a Bill shall be given not later than one clear 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.
(3) The provisions of Order 27 shall apply to notices of amendments to Bills.
(4) The following additional provisions shall apply to amendments relating to Bills -
(a)
an amendment must be relevant to the subject matter of the Bill and to
the subject matter of the clauses to which it relates;
(b) an
amendment must not be inconsistent with any clause already agreed to or
with any previous decision of the Committee upon the Bill;
(c) an amendment must not be such as to make the clause which it proposes to amend unintelligible or ungrammatical;
(d)
an amendment which is in the opinion of the Speaker or in the case of a
Select Committee the Chairman, frivolous or meaningless may not be
moved.
(5) If an amendment refers to, or is not
intelligible without a subsequent amendment or schedule, notice of the
subsequent amendment or schedule must be given before the first
amendment is moved so as to make the series
of amendments intelligible as a whole.
(6)
Except upon the recommendation of the Cabinet signified by a Minister
and recorded in the minutes of proceedings, the Committee shall not
proceed upon any amendment to which the provisions of Order 28 apply.
(7)
The Speaker or in the case of a Select Committee, the Chairman may at
any time during the discussion of a proposed amendment withdraw it from
the consideration of the Committee if, in his opinion the discussion
shall have shown that the amendment violates the provisions of this
Order.
52. PROCEDURE IN COMMITTEE OF THE WHOLE HOUSE ON A BILL
(1)
The Speaker in Committee of the Whole House shall call the number of
each clause in succession. If no amendment is proposed thereto, or when
all proposed amendments have been disposed of, he shall propose
the question "That the clause (or the clause as amended) stand part of the Bill" and when all Members who wish to speak thereon have spoken, he shall put the question to the Committee for its decision.
(2)
Notwithstanding the provisions of paragraph (1), the Speaker may, if no
member objects or has given notice of any amendment to any clause
affected, call the numbers of more than one clause or group of clauses,
in which case he shall propose the question "That the clauses (or group of clauses) stand part of the Bill".
(3)
In order to save time and repetition or arguments, the Speaker may
allow a single discussion to cover a series of interdependent
amendments.
(4) The provisions of Order 30 shall apply to the discussion of amendments to Bills with the substitution of the word "clause" for the word "motion".
(5)
Consideration of a clause may be postponed, unless a decision has
already been taken upon an amendment thereto. Postponed clauses shall
be called again after the remaining clauses of the Bill have been
considered.
(6) A clause may be replaced or a new clause
inserted at the proper and logical stage during the course of
consideration of the clauses of the Bill.
(7) The Speaker shall call on the Member in whose name the clause stands and upon such Member moving "That clause …………… be replaced by the following clause" or "That the following clause be inserted immediately after clause ……………".
The
Speaker shall propose the question thereon and debate may then take
place on that question and any amendments to the clause may be
proposed. Thereafter the final question shall be proposed and if this
is agreed to the Bill shall be amended accordingly without any further
question, and any renumbering or other minor consequential amendment
may be carried out by the Clerk.
(8) Schedules shall be disposed of and a schedule may be replaced or a new schedule inserted in the same way as clauses.
(9)
When every clause and schedule and proposed new clause or schedule has
been dealt with, the preamble, if there is one, shall be considered and
the question put "That this be the preamble to the Bill". No amendment to the preamble shall be considered which is not made necessary by a previous amendment to the Bill.
(10)
If any amendment to the title of the Bill is made necessary by
amendment to the Bill, it shall be made at the conclusion of the
proceedings detailed above but no question shall be put that the title
(as mentioned) stand part of the Bill; nor shall any question be
put upon the enacting formula.
(11) An amendment, proposed new
clause or proposed new schedule, upon which a question has been
proposed, may be withdrawn at the request of the mover by leave of the
Committee before the question has been fully put on it, if no Member
objects.
(12) When all the proceedings upon the Bill have been
concluded in Committee the Speaker shall return to his chair and the
Member in charge of the Bill report the Bill to Parliament with or
without amendment as the case may be.
53. PROCEDURE ON REPORTING OF BILL FROM COMMITTEE OF THE WHOLE HOUSE
(1)
When a Bill has been reported from a Committee of the Whole House,
Parliament shall be deemed to have ordered the Bill to be set down for
Third Reading in accordance with the provisions of Order 15 and the
order of Parliament shall be so recorded in the minutes of proceedings
and notice of motion for Third Reading shall not be required to be
given by the Member in charge of the Bill.
(2) If any Member
desires to propose further amendments to a Bill as reported from a
Committee of the Whole House, he shall give notice of such further
amendments and may, not later than the day before that on
which the Bill is set down for Third Reading upon the Order Paper,
give notice of a motion that the Bill be recommitted, either as a whole
or in respect only of some specified clause or clauses or schedule or
schedules or some proposed new clause or new schedule. Such a
motion shall be placed on the Order Paper immediately before the motion
for the Third Reading of the Bill.
(3) When a motion for
recommittal has been moved no amendments may be proposed to it except
amendments to widen the scope of the proposed recommittal.
(4)
When a motion for recommittal is agreed to the Bill shall stand
recommitted as required by the motion and Parliament shall immediately
resolve itself into a Committee of the Whole House to consider it.
(5) When a motion for recommittal is negatived Parliament shall forthwith proceed to the Third Reading of the Bill.
54. PROCEEDINGS ON RECOMMITTAL OF BILL REPORTED FROM COMMITTEE OF THE WHOLE HOUSE
(1) When the whole of a Bill has been recommitted the Committee shall do through the Bill as provided in Order 52.
(2)
When a Bill has been recommitted in respect only of some specified
clause or clauses or schedule or schedules of the Bill, or some
proposed new clause or new schedule, the Committee shall consider only
the matter or matters in respect of which the Bill has been so
recommitted and shall proceed on every such clause or schedule in the
manner provided in Order 52 and if necessary may thereafter consider
amendment of the long or short title of the Bill:
Provided
that if the Speaker considers it necessary or desirable he may require
the whole Bill to be recommitted as in paragraph (1) of this Order.
(3)
When all proceedings in Committee of the Whole House on a recommitted
Bill have been completed the Speaker shall return to his chair and the
Member in charge of the Bill shall report the Bill as amended (or as
not amended) on recommittal to Parliament.
(4) When the Bill has
been so reported after recommittal Parliament shall forthwith proceed
to the Third Reading of the Bill unless the Member in charge states
that he wishes the Third Reading to be postponed and in the
later event the provisions of paragraph (1) of Order 53 shall apply but no further motion to recommit the Bill shall be allowed.
55. PROCEDURE IN SELECT COMMITTEE ON A BILL
(1)
A Select Committee considering a Bill shall conform with the provisions
of Order 72 but before reporting the Bill to Parliament it shall go
through the Bill in the same manner as a Committee of the Whole
House as prescribed in Order 52.
(2) When a Bill has
been amended in a Select Committee, the whole text of the Bill as
amended shall, if practicable, be printed as part of the report of the
Select Committee but if this is not practicable the text of
every clause or schedule amended, and of every new clause or new
schedule added, shall be so printed.
(3) When all the
proceedings upon the Bill have been concluded in a Select Committee and
the Committee has agreed to its report, the Chairman shall, at the next
sitting of Parliament, report the Bill, with or without amendments
as the case may be to Parliament and shall lay a copy of the report of
the Committee upon the Table.
56. PROCEDURE ON REPORTING OF BILL FROM SELECT COMMITTEE
(1)
When a Bill has been reported from a Select Committee Parliament may
consider the Bill as reported on a motion that the report of the Select
Committee on the Bill be adopted.
(2) If that motion is carried
without amendment Parliament shall be deemed to have ordered the Bill
to be set down for Third Reading in accordance with the provisions of
Order 15 and the order of Parliament shall be so recorded in the
minutes of proceedings, and notice of Third Reading shall not be
required to be given by the Member in charge of the Bill.
(3) On
a motion to adopt the report of a Select Committee on a Bill moved
under paragraph (1) of this Order, a Member may propose an amendment to
add at the end of the motion the words, "subject
to the recommittal of the Bill (either wholly or in respect of
some particular part or parts of the Bill or of some proposed new
clause or new schedule) to a Committee of the Whole House".
(4)
If the motion is carried as amended in accordance with paragraph (3) of
this Order, the Bill shall stand recommittal as required by the motion
and Parliament shall immediately resolve itself into a Committee of the
Whole House to consider it.
57. PROCEEDINGS ON RECOMMITTAL OF BILL REPORTED FROM SELECT COMMITTEE
(1)
When a Bill reported from a Select Committee has been recommitted, the
proceedings on recommittal shall be subject to the provisions of Order
54.
58. THIRD READING OF BILLS
(1)
Parliament shall proceed to the Third Reading of a Bill on a motion
that the Bill be read the third time and do pass. Debate on that motion
shall be confined to the contents of the Bill and no amendment may be
moved to the Motion.
(2) Amendments for the correction of
errors or oversight may, with the Speaker’s permission, be made to the
Bill before the question for the Third Reading of the Bill is put by
the Speaker, but no amendments of a material character shall be
proposed.
(3) When a motion for the Third Reading of a Bill has
been carried the Clerk shall read the short title of the Bill and shall
write at the end of the Bill the words "Passed by the National Parliament of Solomon Islands this day" giving the date.
(4) When a motion for the Third Reading of a Bill has been negatived no further proceedings shall be taken on that Bill.
59. WITHDRAWAL OF BILLS
The
Member in charge of a Bill may, at the beginning of the proceedings on
a Bill at a sitting, announce that he withdraws the Bill. And such Bill
shall thereupon stand withdrawn and no further proceedings shall be
taken on it.
60. PRESENTATION OF BILLS FOR ASSENT BY THE GOVERNOR-GENERAL
A
copy of every Bill passed by Parliament, certified as a true copy by
the Clerk, shall be submitted by the Clerk to the Governor-General for
his assent.
PART MFINANCIAL PROCEDURE
61. PRESENTATION AND SECOND READING OF APPROPRIATION BILL
(1)
Any Appropriation Bill for the purposes of Section 102 of the
Constitution presented to Parliament shall be accompanied by the
Estimates of Revenue and Expenditure referred to in subsection (1) of
that section.
(2) After the motion for the Second Reading of an
Appropriation Bill has been proposed the debate thereon shall be
adjourned and shall be resumed not earlier than the day following,
after which three further days shall be allotted for the Second Reading
of the Bill. The debate upon Second Reading when resumed, shall be
confined to the financial and economic state of Solomon Islands and the
general principles of Government Policy and Administration as indicated
by the Bill and Estimates. Unless the debate is concluded earlier, the
Speaker shall at 4.30 p.m. on the last day allocated for the Second
Reading put any question necessary to bring the proceedings
thereon to a conclusion.
(3) For the purposes of this Order and
Order 63 an allotted day shall be any day on which the consideration of
the Appropriation Bill whether by Parliament or in the Committee of
Supply, stands as the only motion or Bill set down by the Prime
Minister upon the Order Paper in accordance with the provisions of
Order 15.
62. THE COMMITTEE OF SUPPLY
(1)
There shall be a Committee of the Whole House to be called the
Committee of Supply. Subject to the provisions of Order 79 the
deliberations of the Committee of Supply shall be in public.
(2)
The Estimates shall upon presentation to Parliament stand referred to
the Committee of Supply and the Appropriation Bill upon being read a
second time shall stand committed to that Committee.
63. ALLOTMENT OF TIME IN COMMITTEE OF SUPPLY
(1) A maximum of four days shall be allotted for discussion of the Appropriation Bill in Committee of Supply.
(2)
This period may be extended if the question on the Second Reading of
the Bill was carried on a day earlier than the last day allotted for
the debate on Second Reading as the day or days thus saved may be added
to the days allotted under this paragraph.
(3) The Speaker
may name the hour upon any day allotted under paragraph (1) of this
Order as being the time at which proceedings upon any Head in the
Schedules to the Bill, on any schedule of, or on the clauses of
the Bill shall be concluded. If in the case of any Head or
Schedule or of the clauses the hour so named is reached before the
business concerned is disposed of the Speaker shall thereupon put any
question necessary to dispose of that business.
(4) If in
the case of any Head or Schedule the proceedings thereon are concluded
before the hour named in accordance with paragraph (3) of this Order,
the Committee of Supply may forthwith proceed to the next business.
64. PROCEDURE IN COMMITTEE OF SUPPLY
(1)
On the consideration of the Appropriation Bill in Committee of Supply
the clauses of the Bill shall stand postponed until after consideration
of the Schedule or Schedules.
(2) On consideration of the
Schedules each Head shall be considered with the appropriate Estimate
and any reference in these Orders to a subhead or an item means a
subhead or an item in the Estimates for the Head then under
discussion.
(3) On the consideration of a Schedule, the Speaker shall call the title of each Head in turn and shall propose the question "That the sum of $……… for Head ……… stand part of the Schedule"
and unless an amendment is proposed under the provisions of the
next succeeding order, a debate may take place on that question. Any
such debate shall be confined to the policy of the service for which
the money is to be provided and shall not deal with the details of
any item or subhead but may refer to the details of revenue or funds
for which that service is responsible.
(4) When all the Heads 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".
(5)
When every Schedule has been disposed of the Speaker shall call
successively each clause of the Bill and shall forthwith propose the
question "That the clause stand part of the Bill" and, unless a consequential amendment is moved, that question shall be disposed off without amendment or debate.
(6)
No amendment may be moved to any clause except any amendment
consequential on an alteration in the total sum appropriated by any
Schedule. Any such consequential amendment shall be moved by a Minister
only and may be moved without notice and the question thereon shall be
put forthwith without amendment or debate. When the question on the
last of any such amendments 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 then be decided without amendment or debate.
(7)
When the question upon every clause of the Bill has been decided, the
Speaker shall return to his chair and the Member in charge of the Bill
shall report the Bill to Parliament with or without amendment as the
case may be.
65. AMENDMENTS TO HEADS IN COMMITTEE OF SUPPLY
(1)
Notwithstanding the provisions of paragraph (2) of Order 51 no
amendment shall be moved in the Committee of Supply under this Order
until one clear day after that on which it was published in the Notice
Paper.
(2) Except upon the recommendation of the Cabinet to be
signified by a Minister and recorded in the minutes of proceedings, the
Committee shall not proceed upon any amendment which in the opinion of
the Speaker increases the sum allotted to any Head whether in respect
of any item or subhead or of the Head itself; every such amendment
shall take the form of a motion "That Head …………….. be increased by $………………… (in respect of subhead …………. item ………)"
(3)
An amendment to increase a head whether in respect of any item or
subhead or of the head itself shall take precedence over an amendment
to reduce the head in the same respect and if it is carried no
amendment to reduce the Head in that respect shall be called.
(4)
Except upon the recommendation of the Cabinet to be signified by a
Minister and recorded in the minutes of proceedings, the Committee
shall not proceed upon any amendment which in the opinion of the
Speaker has any effect such as is mentioned in paragraph (1) of Order
28.
(5) Subject to the provisions of paragraph (4) of this
Order, an amendment to any Head to reduce the sum allotted thereto in
respect of any item therein may be moved by any Member, and shall take
the form of a motion "That Head ………… be reduced by $…………… in respect of (or by omitting) subhead ………. item ……….".
(6)
An amendment to reduce a Head in respect of any subhead or by omitting
a subhead shall only be in order if the subhead is not itemised.
(7)
An amendment to reduce a Head without reference to a subhead therein
shall only be in order if the head is not divided in subheads.
(8) An amendment to omit a Head shall not be in order and shall not be placed on the Order Paper.
(9)
In the case of each Head, amendments in respect of items or subheads in
that Head shall be placed upon the Order Paper and considered in the
order in which the items or subheads to which they refer stand in the
Head in the Estimates.
(10) When notice has been given of
two or more amendments to reduce the same item, subhead or Head, they
shall be placed upon the Order Paper and considered in the order of the
magnitude of the reductions proposed, the amendment proposing the
largest reduction being placed first in each case.
(11) Debate
on every amendment shall be confined to the item, subhead or Head to
which the amendment refers and after an amendment to an item or subhead
has been disposed of, no amendment or debate on a previous item or
subhead of that Head shall be permitted.
(12) When all
amendments standing on the Order Paper in respect of any particular
Head have been disposed of the Speaker shall again propose the question
"That the sum of $ ………. for head ………. stand part of the Schedule", or shall propose the amended question "That the (increased) (reduced) sum of $ ………… for Head ……….. stand part of the Schedule",
as the case may require. The debate on any such question shall be
subject to the same limitations as apply to a debate arising under
paragraph (3) of Order 62.
66. THIRD READING OF APPROPRIATION BILL
The motion for Third Reading of the Appropriation Bill shall be decided without amendment or debate.
67. SUPPLEMENTARY APPROPRIATION BILLS
If
from time to time, whether in the course of a particular financial year
or after its close, a Supplementary Appropriation Bill for the purposes
of Section 102 of the Constitution is presented, the Bill, after the
motion for the Second Reading has been proposed, shall stand
committed to the Committee of Supply and the provisions of Orders 64,
65 and 66 shall apply in the same manner as to an Appropriation Bill.
PART NSELECT AND SPECIAL COMMITTEES
68. APPOINTMENT, NOMINATION AND FUNCTIONS OF SELECT COMMITTEES
(1)
Parliament may appoint, under Standing Orders or by an Order specially
made, one or more Select Committees to consider matters or Bills which
Parliament may refer to the Committee.
(2) A Select Committee appointed under Standing Orders shall be termed a "Standing Select Committee".
(3) A Select Committee appointed under an Order specially made shall be termed a "Special Select Committee".
(4) The Speaker shall decide the size of every Select Committee and shall nominate the Chairman and Members thereof.
(5)
A Standing Select Committee may from time to time report to Parliament
concerning the matters referred to it and shall not be dissolved save
in accordance with paragraph (7) of this Order.
(6) A Special
Select Committee shall, as soon as it has completed considering the
matter or Bill referred to it, report to Parliament thereon and the
Committee shall thereupon be dissolved. If the Committee is of the
opinion that it will not be able to complete consideration of the
matter or Bill before the day appointed for the dissolution of
Parliament in accordance with Section 73 of the Constitution it shall
so report to Parliament.
(7) Upon the dissolution of Parliament every Select and Special Committee of Parliament shall be dissolved.
Gazette, 29 March 1995
No. 8, Legal Notice No. 23
69. PUBLIC ACCOUNTS COMMITTEE
(1) There shall be a Standing Select Committee designated the Public Accounts Committee whose functions shall be -
(a)
to examine the accounts prescribed by Section 33 of the Public Finance
and Audit Act 1978, together with the report of the Auditor General
thereon, and to report the results of such examination to Parliament;
(b)
to establish the causes of any excesses over authorised expenditure and
to make recommendations to Parliament on any appropriate measures to
cater for such excesses of expenditure;
(c) to examine such
other accounts laid before Parliament as the Committee may think fit,
together with any auditor’s report thereon and to report the results of
such examination to Parliament;
(d) to summon any public officer
to give information on any explanation, or to produce any records or
documents which the Committee may require in the performance of its
duties;
(e) to consider in detail the Draft Estimates prepared by the Government in support of the Annual Appropriation Bill;
(f)
to summon and examine the Accounting Officers and Technical staff of
Ministries and Departments and require the production of background
information and explanation in relation to Draft Estimates;
(g)
to report to Parliament in such a way that the report may inform
Members prior to the Parliamentary debate thereon of the background to
the Draft Estimates draw attention to those matters which the
Committee feels should be the subject for such Parliamentary debate; and
(h)
to make such recommendations as the Committee sees fit and subsequently
receive comments and reports on such recommendations from the
Government.
(2) The Auditor General or his nominee shall
be the Secretary to the Committee and shall make available to the
Committee the services of his staff and other facilities of his Office.
70. PARLIAMENTARY HOUSE COMMITTEE
(1) There shall be a Standing Select Committee designated the Parliamentary House Committee whose functions shall be -
(a)
to consider and advise appropriate authorities on such matters that are
connected with Member’s terms and conditions of service;
(b) to
oversee and supervise matters connected with the management and
administration of the facilities and property of the National
Parliament which are not provided for in any other specific Rules or
Regulations;
(c) to consider, decide and advise Parliament on
all matters that are connected with Parliamentary business for its
meetings and sittings;
(d) to examine and make recommendations
on any matters which are connected with the provisions of Sections 62
and 69 of the Constitution;
(e) to make rules and guidelines governing the Member’s use of Parliament facilities;
(f) to report regularly to Parliament of any action taken pursuant to these regulations.
71. BILLS AND LEGISLATION COMMITTEE
There
shall be a Standing Select Committee designated the Bills and
Legislation Committee whose functions, in addition to the provisions in
Orders 50 and 55, shall be to -
(a) examine such matters as may be referred to it by Parliament or the
Government;
(b) review all draft legislation prepared for introduction into Parliament;
(c) examine all subsidiary legislation made under any Act so as to ensure compliance with the Acts under which they are made;
(d) monitor all motions adopted by Parliament which require legislative action;
(e) review current or proposed legislative measures to the extent it seems necessary;
(f) examine such other matters in relation to legislation that, in the opinion of the Committee, require examination; and
(g)
make a written report to each meeting of Parliament containing the
observations and recommendations arising from the Committee’s
deliberations.
71A. CONSTITUTION REVIEW COMMITTEE
There shall be a Standing Select Committee designated the Constitution Review Committee whose functions shall be -
(a) to review the Constitution regularly and advise the government on any changes as the Committee may deem necessary;
(b) to examine any proposed changes to the Constitution and request submissions of views thereon from individuals or groups;
(c)
to deal with and advise on any matters relating to the use, abuse or
misuse of constitutional powers, rights or responsibilities;
(d) to report to Parliament in accordance with Standing Order 72(11).
71B. FOREIGN RELATIONS COMMITTEE
There
shall be a Standing Select Committee designated the Foreign Relations
Committee whose functions shall be to examine and make its observations
and recommendations on -
(a) the establishment of new diplomatic and consular relations and the severing of existing ties;
(b) the accession to and signing and ratification of international treaties and conventions;
(c)
the appointment of Ambassadors and High Commissioners or other
principal representatives of Solomon Islands in any other country or
accredited to any international organisation;
(d) the application of the Geneva Convention relating to diplomatic immunities and privileges;
(e) the receiving of foreign assistance and the administration and management thereof;
(f) the regulations, terms and conditions of service of employees of regional bodies of which Solomon Islands is a member;
(g) the Government’s conduct of its foreign policy.
71C. EDUCATION AND HUMAN RESOURCES TRAINING COMMITTEE
There
shall be a Standing Select Committee designated the Education and Human
resources Training Committee whose functions shall be to examine and
make observations and recommendations on matters relating
to education and human resources development as it may consider
appropriate or as referred to it by Parliament or the Government.
71D. HEALTH AND MEDICAL SERVICES COMMITTEE
There
shall be a Standing Select Committee designated the Health and Medical
Service Committee whose functions shall be to examine and make
observations and recommendations on matters relating to health
and medical services as it may consider appropriate or as referred
to it by Parliament or the Government,
71E. POLICE, NATIONAL SECURITY AND CORRECTIONAL SERVICES COMMITTEE
There
shall be a Standing Select Committee designated the Police, National
Security and Correctional Services Committee whose functions shall be
to examine and make recommendations on matters relating to
police, national security and correctional services as it may
consider appropriate or as referred to it by Parliament or the
Government.
71F. PUBLIC EXPENDITURE COMMITTEE
There shall be a Standing Select Committee designated the Public Expenditure Committee whose functions shall be to-
(a) review budget expenditure;
(b) assess whether expenditure performance match policy in line with the Appropriation Act;
(c) undertake value for money assessment of the budget;
(d) ascertain whether the public expenditure meets quality or not; and
(e) make such observation or recommendations arising from the committee’s deliberations.
71G. ENVIRONMENTAL AND CONSERVATION COMMITTEE
There shall be a Standing Select Committee designated the Environmental and Conservation Committee whose functions shall be-
(a)
to examine and make recommendations to the government on measures
adopted or required to be adopted to meet the challenges posed by
environmental changes;
(b) to monitor and examine measures
adopted by the relevant administrative authorities in implementing the
objectives of national and provincial environmental legislation; and
(c)
such other matters which may be relevant or conducive to meet Solomon
Islands international obligations, including the adoption of carbon
trading measures.
72. PROCEDURE OF SELECT COMMITTEE
(1)
The deliberations of a Select Committee shall be confined to the matter
or matters referred or assigned to it by Parliament or by or under
these Orders and in the case of a Select Committee on a Bill its
deliberations shall be confined to the Bill committed to it and
relevant amendments.
(2) A Select Committee shall sit at the
times determined by the Chairman and may continue to sit although
Parliament may be adjourned. The sittings of all Select Committees
shall be held in private unless the Committee otherwise orders.
(3)
The quorum of a Select Committee shall be one-third of the members
excluding the Chairman, a fraction of the whole number being discarded.
(4)
If the Chairman is unable to be present at a sitting the Committee
shall elect a member of the Committee to act as Chairman in his place
for the period during which he is absent.
(5) The Clerk to the
Committee appointed under paragraph (7) of Order 6 shall attend
meetings of the Committee and shall keep the minutes of proceedings of
the Committee.
(6) Divisions in a Select Committee shall be
taken by the Clerk to the Committee who shall ask each member of the
Committee separately how he wishes to vote and record the votes
accordingly.
(7) Neither the Chairman nor any other member
acting in his place shall vote, unless the votes of other members are
equally divided in which case he shall give a casting vote.
(8)
(a)
A member of a Select Committee may bring a report for its
consideration. When all the reports have been brought up the Chairman
shall propose the reports in order until one is accepted as a basis
for discussion, beginning with his own report and proceeding
with the remainder in the order in which they were brought up. The
question to be proposed by the Chairman on a report shall be "That the Chairman’s (or Mr……………’s) report be read a second time paragraph by paragraph".
When this question has been agreed to, it shall not be proposed on
further reports but portions thereof may be offered as amendments to
the report under consideration, if they are relevant to it.
(b)
The Committee shall then go through the report paragraph by paragraph
and the provisions of Order 52 shall apply as if the report were a Bill
and the paragraphs were the clauses of the Bill.
(c) When
consideration of the report paragraph by paragraph is concluded and
when all proposed new paragraphs have been considered the Chairman
shall put the question that this report be the report of the
Committee to Parliament.
(9) A Select Committee may
make a special report relating to the powers, functions and proceedings
of the Committee on matters which it thinks fit to bring to the notice
of Parliament.
(10) The minutes of proceedings of the Committee
shall record all proceedings on consideration of a Report or Bill in
the Committee and on every amendment proposed to the Report or Bill,
with a note of divisions, if divisions were taken in the Committee,
showing the names of members voting in the divisions or declining to
vote.
(11) A Report or Special Report, with the minutes of
proceedings of a Select Committee and the minutes of evidence, if
evidence was taken, shall be laid on the Table by the Chairman of the
Committee in accordance with Order 17-
Provided that, if a
Committee has concluded its Report at a time when Parliament is not
meeting, that Report shall be deemed for all purposes to have been laid
upon the Table if it is delivered to the Office of the Clerk by the
Chairman of the Committee; and the Clerk shall record in the minutes of
proceedings of the day on which Parliament next sits the date upon
which the report was so delivered.
73. SPECIAL COMMITTEES
(1)
Parliament may, on the motion of any Member, appoint under this Order
or by an order specially made, a Special Committee to consider a matter
of public importance upon which Parliament wishes the Government
to initiate a Bill or take other legislative or administrative
action.
(2) Such Special Committee shall comprise both members
and persons who are not Members but who have special knowledge of, or
expertise related to, the matter to be considered by the Committee.
(3)
The Members to serve on the Committee shall be appointed by the
Speaker; those persons to serve on the Committee who are not Members
shall be appointed by the Speaker upon the nomination of the Minister
to whom the Committee is required to report.
(4) The motion
moving the appointment of a Special Committee shall specify a Minister
to whom the Committee shall deliver its report. The Minister shall
appoint a Secretary to the Committee.
(5) A Special Committee,
before proceeding to any other business shall elect a Chairman who
shall be one of the Members appointed to the Committee and who shall
hold office during the life of the Committee. In the absence of
the Chairman the Committee shall elect anyone of its members to
temporarily act as Chairman.
(6) When a Special Committee has
considered its proceedings it shall present a Report to the Minister
specified in accordance with paragraph (4) of this Order. As soon as
the Parliament meets after receiving the Report of the Committee,
the Minister shall lay the same on the Table together with his
proposals as to the action which he proposes to take thereon.
(7) Subject to the provisions of this Order, proceedings of a Special Committee shall be in accordance with Order 72.
74. PREMATURE PUBLICATION OF EVIDENCE
The
evidence taken before any Select or Special Committee and documents
presented to or a Report prepared by such Committee shall not be
published by a member thereof or by any other person before such time
as the Committee shall have presented its Report to Parliament or
the Minister has tabled the report as the case may be.
75. ATTENDANCE AT COMMITTEES
(1)
Members of Parliament nominated in accordance with Order 68(4) to serve
on a Select Committee or Special Committee shall be entitled to
remuneration or allowances for so attending only in accordance with the
provisions of the Parliamentary Financial Rules from time to time in force.
(2)
The Speaker, who for this purpose may consult with the Chairman of the
Committee concerned, may, if any member fails without good reason to
attend the meetings of any Committee to which he has been appointed,
reprimand that member in respect of his failure to attend.
(3)
If, after receiving two such reprimands, the member again fails without
good reason to attend the meetings of the Committee, the Speaker may,
after giving the member an opportunity to be heard, order the Clerk
to deduct from any salary or allowances of the member which may be
due to the member by virtue of his membership a sum of money, not
exceeding ten dollars in respect of each meeting which the member has
failed to attend and to pay such moneys into the Consolidated Fund.
PART OMISCELLANEOUS MATTERS
76. ELECTION OF GOVERNOR-GENERAL
If
Parliament shall consider that it be necessary to hold an election
before making an address to the Head of State in accordance with
Section 27 of the Constitution, such election shall be carried out in
the manner prescribed by Order 5, save only that nomination papers
shall be issued to Members not less than three clear days before the
date fixed for the election.
77. EMPLOYMENT OF MEMBERS IN PROFFESSIONAL CAPACITY
No
Member shall appear before Parliament or a Committee thereof as a legal
practitioner acting for or on behalf of any person or otherwise in a
capacity for which he is to receive a fee or award.
78. DECLARATION AND DISCLOURE OR PERSONAL INTEREST
(1)
Every Member shall, not later than the day before he makes his oath of
allegiance pursuant to Section 63 of the Constitution, submit to the
Speaker a written declaration of all shares and interests he may have
in any company or business undertaking that has any contract with
the Government and of any Office of Director or Manager he may hold in
any Company or Business undertaking (whether or not it has a contract
with the Government) and thereafter, upon his acquisition of any
such share or interest or appointment to such office, he shall make
such a declaration before the next sitting of Parliament he attends
following upon the acquisition of that share or interest or appointment
to that Office.
(2) The Speaker shall maintain a record of all
declarations made under paragraph (1) of this Order and shall not
disclose any of the contents of the same except upon a motion to that
effect passed by Parliament, a request made pursuant to any Act of
Parliament, or where he considers it fit and proper to do so.
(3)
A Member shall not move any motion or amendment relating to a matter in
which he has a direct personal pecuniary interest or speak or vote on
any such matter, whether in Parliament or in any Committee, without
disclosing the nature of that interest.
(4) A motion to disallow
a Member’s vote on the ground of non-disclosure of his personal
pecuniary interest may be moved without notice by any Member
immediately upon the statement of the numbers voting in a division by
the Speaker, but not otherwise.
(5) The Speaker shall have
discretion whether or not to propose the question upon such a motion;
and in exercising such discretion he shall have regard to the nature of
the question upon which the vote was taken and to the consideration
whether the interest therein of that Member whose vote is challenged is
direct and pecuniary and not an interest in common with the rest of the
inhabitants of Solomon Islands or whether his vote was given on a
matter of state policy.
(6) If the question for the disallowance
of a Member’s vote is proposed, the Member concerned may be heard in
his place but he shall then withdraw from Parliament or Committee for
the duration of the debate and any vote on the question.
(7)
If a motion for the disallowance of a Member’s vote is carried the
Speaker shall direct the Clerk to alter the numbers voting in the
original division accordingly.
79. ADMISSION OF PRESS AND PUBLIC
Subject
to such Rules as may be made from time to time by the Speaker, members
of the public and of the press shall be admitted as spectators of
sittings of Parliament. The Serjeant-at-Arms shall ensure that any
such Rules are complied with.
80. WITHDRAWAL OF STRANGERS
(1)
A Member may without notice at any time during a sitting of Parliament
or a Committee rise and move that strangers do withdraw, specifying
whether the withdrawal is to be for the remainder of that day’s sitting
or during the consideration of certain business. The Speaker shall
forthwith put the question on such motion and Parliament or the
Committee shall dispose of it before proceeding further with the
business which was before it when the motion was moved.
(2) The Speaker may at any time order strangers to withdraw and the doors of the House to be closed.
(3)
When an order has been made by Parliament or Committee, or by the
Speaker for the withdrawal of strangers, members of the public and of
the press shall forthwith withdraw from the House and the Clerk and the
Serjeant-at-Arms shall ensure that the order is complied with.
81. SUSPENSION OF STANDING ORDERS
A
motion which has the object or effect of suspending a Standing Order
shall not be moved except after notice or with the consent of the
Speaker.
82. PROCEDURE IN CASE OF DOUBT
Where
any matter arises which is not provided for in these Orders or the
resolution of any other matter causes doubt, the usage and practice of
the Commons House of Parliament of Great Britain and Northern Ireland
shall be followed as far as it is not inconsistent with the Orders
or with the practice of Parliament but no restriction which the House
of Commons has introduced by Standing Order shall extend to Parliament
or its Members until Parliament has provided by Standing Order for
a similar restriction.
Passed by Resolution of Parliament on 9th August 1982
Dated at Honiara this 15th day of October 1982
SPEAKER
i Business Committee now referred to as ‘Parliamentary House Committee’.
ii S.48(3) remains to be amended to conform with the new Provincial Government Act 1996 and should
read as follows. ‘A Bill to amend those provisions of the Provincial Government Act 1996
referred to in Section 61(1) of that Act shall not be read a second time unless notice of the Bill
has been given to the Speaker of Parliament within reasonable time’.
iii S.48(4) remains to be amended as follows: The words "Provincial Assembly or Provincial Executive"
to be replaced with the words "Provincial Council or Area Assembly".
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