PAPER NO.41 OF 1981
THE STANDING ORDERS
OF THE
NATIONAL PARLIAMENT
OF
SUPPLEMENT to the
[Legal Notice No. 52]
THE STANDING ORDERS OF THE NATIONAL
PARLIAMENT OF
ARRANGEMENT OF STANDING ORDERS
STANDING ORDER
PART A - INTERPRETATION
1. Interpretation.
PART B - MEMBERS
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.
PART C - SESSIONS, MEETINGS, SITTINGS
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.
PART D - ARRANGEMENT OF BUSINESS
13. Order
of Business at Sitting.
14. The
Order Paper.
15. Arrangement
of Motions and Bills.
PART E - PETITIONS
16. Presentation
of Petitions.
17. Presentation
of Papers.
18. Debate
upon Papers Presented.
PART F - QUESTIONS TO THE GOVERNMENT
19. Nature
of Questions.
20. Question
Days.
21. Notice
of Questions.
22. Content
of Questions.
23. Asking
and Answering of Questions.
PART G -
STATEMENTS
24. Statements
by Ministers.
25. Matters
of Privilege.
PART H - MOTIONS
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.
PART I - RULES OF DEBATE
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. Behaviour
of Members not Speaking.
PART J - RULES OF ORDER
38. Decision
of Speaker Final.
39. Order
in Parliament and Committee.
PART K - VOTING
40. Decision
on Questions.
41. Collection
of Voices.
42. Divisions.
PART L - PROCEDURE ON BILLS
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
48. Second
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
59. Withdrawal
of Bills.
60. Presentation
of Bills for Assent by the Governor-General.
PART M - FINANCIAL PROCEDURE
61. Presentation
and Second
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
67. Supplementary
Appropriation Bills.
PART N - SELECT
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.
72. Procedure
on Select Committees.
73. Special
Committees.
74. Premature
Publication of Evidence.
75. Attendance
at Committees.
PART O - MISCELLANEOUS MATTERS
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. Suspension
of Standing Orders.
82. Procedure
in Case of Doubt.
(L.N. NO. 43 OF 1978)
THE STANDING ORDERS OF THE NATIONAL
PARLIAMENT OF
(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 -
PART A
INTERPRETATION
1. INTERPRETATION
(1) In
these Orders, unless the context otherwise requires-
"Clerk" means the Clerk of 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 B
MEMBERS
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
(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
(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) 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) 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 in 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 decisions 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
C
SESSIONS,
MEETINGS, SITTINGS
7. COMMENCEMENT
OF SESSIONS
(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
(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
(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 not sit on any day or days named in the motion.
(3) Whenever
Parliament adjourned to the next sitting day as determined by paragraphs (1)
and (2) of this order, unless adjourned under the provisions of order 8 is
adjourned, it shall stand.
10. HOURS
OF SITTING
(1) Every
sitting other than the first sitting of a meeting shall begin at
(2) At
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) 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
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) of 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 to 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 the 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 is pursuance of section 67, he shall do so without the question
being put and Parliament 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 D
ARRANGEMENT 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 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 sub-paragraphs (b), (c), (d),
(e), (g), (h), (i), (j) and (k) of
paragraph (1) of this order shall not require notice; but with the exception of
sub-paragraphs (b) and (c) they 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
(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 Committee[i] 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 E
PETITIONS
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 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 only by cable 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
sub-paragraphs (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 F
QUESTIONS 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 questions which the Speaker has permitted to be
asked in accordance wide 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 19 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
(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 paragraph (4) of this order 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 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 G
STATEMENTS
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 may or may not
affect the privilege of Parliament.
(4) If
the opinion of the Speaker is that the matter raised may affect the privilege
of Parliament 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.
PART H
MOTIONS
26. NOTICE
OF MOTIONS
(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
(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
(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 nor 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 preceding 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 paragraphs (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 amendment 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
(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.
PART I
RULES OF DEBATE
32. TIME
(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
(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 to
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
debate 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
questions 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 negatived, 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
negatived 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 fore going 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.
PART J
RULES OF ORDER
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 not exceeding one
hundred dollars be deducted from any salary or allowance which may be due or
become 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 behaviour 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 Sergeant-at-Arms
shall act on behalf of the House to ensure compliance with this order.
PART K
VOTING
40. DECISION
ON QUESTIONS
All questions proposed for decision 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 of the Noes, the question being then fully put no other
Member may speak on it.
(5) The Speaker may, according to his judgment
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 of 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.
PART L
PROCEDURE ON BILLS
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 Bill 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
himself 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 referred to in
section 43(1) of that Act shall not be read a second time until 28 days have
elapsed since the first reading.[ii]
(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 concerned.[iii]
(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 that 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 clause 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) of this order, 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 amended) 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 shall 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 pro visions 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 go 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 latter 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 amendment 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 only 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 recommitted 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 oversights 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 M
FINANCIAL 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 of 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 N
SELECT 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.
69. PUBLIC
ACCOUNTS COMMITTEE
LN 23/1995
(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 38 of the Public Finance and Audit Act, 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 and 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
LN 23/1995
(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 Members' terms and
conditions of service;
(b) to oversee and supervise matters
connected with the management and administration of the facilities and property
of Parliament which are not provided for in any other specific rules or
regulations;
(c) to consider, decide on 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 Members' use of Parliament facilities;
(f) to report regularly to Parliament of any
action taken pursuant to these Orders.
71. BILLS
AND LEGISLATION COMMITTEE
LN 23/1995
There shall be a Standing Select Committee designated
the Bills and Legislation Committee whose functions, in addition to the
provisions of 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 deems 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
LN 23/1995
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 order 72(11).
71B. FOREIGN
RELATIONS COMMITTEE
LN 23/1995
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 organisations;
(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.
72. PROCEDURE
OF SELECT COMMITTEES
(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 any one 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 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 O
MISCELLANEOUS 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 PROFESSIONAL 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 DISCLOSURE OF 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 the 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 Sergeant-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 Sergeant-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 the Resolution of Parliament on 9th
August 1982.
Dated at Honiara this fifteenth 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”.