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Fiji - Standing Orders of the Parliament |
GOVERNMENT OF FIJI GAZETTE
(Standing Order 15(3)(l))
________
V. NAMOSIMALUA
Secretary-General to Parliament
__________________
SCHEDULE
STANDING ORDERS
OF THE PARLIAMENT OF THE REPUBLIC OF FIJI
ADOPTED BY THE PARLIAMENT THIS 1ST DAY OF DECEMBER
2014
CONTENTS
Chapter 1
General Provisions
1 Purpose
2 Interpreting
the Standing Orders
3 Definitions
4 Definition of
party
5 Definition of
financial interest
6 Suspension of
Standing Orders
7 Swearing-in of
members
8 Parliament may
act despite vacancy in membership
9 Proceedings
not invalidated for defects in membership
Chapter 2
Opening of Parliament and Officers of Parliament
Opening of Parliament
10 First meeting
of new Parliament
11 Second and
third days of new Parliament (and first and second days of any subsequent
sessions)
12 Second and
third days of new Parliament if Prime Minister or Leader of the Opposition does
not assume office on first day
13 Election of
Prime Minister (if necessary) for new Parliament
14 Election of
Leader of the Opposition for new Parliament
Officers of Parliament
15 Functions,
duties, and powers of Secretary-General
16 Secretary-General
to ensure order in the Chamber and galleries
17 Election of
Speaker
18 Speaker's
functions, duties, and powers
19 Election of
Deputy Speaker
20 Additional
powers of Speaker and Secretary-General
Chapter 3
Sittings of Parliament
21 Sessions of
Parliament
22 Sitting
programme to determine sitting periods
23 Sittings days
24 Sittings must
be in public
Sittings of Parliament
25 Speaker,
Deputy Speaker, or Acting Speaker presides
26 Quorums
27 Seating
28 Speeches must
be in English
29 Documents
must be in English
30 Prayer and
laying of the Mace
31 Minutes of
Proceedings
32 Official
report of proceedings (Hansard)
33 Order Paper
34 Order of
Parliament business
35 Weekly
adjournment motions
36 Adjournment
motions to discuss matters for urgent consideration
37 Presentation
of petitions
38 Presentation
of papers and documents quoted from by Minister
39 Presentation
of reports of committees
40 Ministerial
statements
Chapter 4
Questions
41 Members may
ask questions on public matters
42 Allocation of
questions for oral answer in Parliament
43 Urgent oral
questions
44 Questions to
comply with rules in this Standing Order
45 Asking and
answering questions (including supplementary oral questions)
Chapter 5
Motions and Voting
46 Notices of
motion required
47 How motions
moved
48 Inadmissible
motions
49 Motions of no
confidence in Prime Minister
50 Motions for
early dissolution of Parliament
51 Motion for
Bill to proceed without delay
Voting
52 Decisions
determined by members present and voting
53 Putting the
question
54 Vote
procedure
55 Special
voting requirements
56 Member with
financial interest may vote only with Speaker's permission
Chapter 6
Rules of Debate
57 Speaker calls
members to speak
58 Protocols
while speaking
59 Member must
declare financial interest
60 Speech must
be relevant
61 Member must
not refer to judicial proceedings
62 Prohibited
references
63 Speech must
not reflect upon votes taken
64 Number of
speeches
65 Reading of
speeches prohibited
66 References to
other motions and debates
67 Speaker may
terminate member's speech
68 Speaking
times and the putting of questions
69 Adjournment
of debate
Maintenance of Order
70 Powers of the
Speaker to enforce order
71 Members to
acknowledge Speaker
72 Members must
be seated
73 Members to
stand as Speaker leaves Chamber
74 Points of
order
75 Disorderly
conduct
76 Naming of
member and suspension for grossly disorderly conduct
77 Suspension
from Parliament during disputed vacancy
78 Rights
forfeited by suspended member
79 Grave
disorder in Parliament
80 Personal
explanation
81 Response to
misrepresentation
82 Publishing of
Speakers' Rulings
Chapter 7
Legislative Procedures
83 Who may
introduce Bill
84 First reading
85 Second
reading
86 Standing or
special committee report back
87 Committee of
the Whole Parliament
88 Third reading
89 President's
assent to Bill
90 Withdrawal of
Bills
Special provisions relating to Bills
91 Bill to
proceed without delay
92 Bills out of
order
93 Bills
amending the Constitution
94 Private Bill
95 Money Bill
96 Cabinet consent
to enactment of certain Bills
97 Reinstatement
of Bills to Order Paper
Chapter 8
Financial Procedures
98 Committee of
Supply
99 Annual budget
100 Procedure on
Estimates during Committee of Supply
101 Procedure on
Appropriation Bill during Committee of Supply
102 Supplementary
Estimates
103 Auditor-General's
Report
Chapter 9
Amendments to Motions and Bills
104 Amendments
generally
105 Amendments
to motions
106 Amendments
to amendments to motions
107 Amendments
to Bills
108 Withdrawal
of amendments
Chapter 10
Committees
109 Standing
Committees
110 Functions of
standing committee
111 Access to
standing committee meetings
112 Powers of
standing committees
113 Duration of
standing committees
114 Composition
of standing committees
115 Appointment
of members of standing committees
116 First
meeting of a standing committee
117 Chairperson
of a standing committee
118 Quorum and
voting at meetings
119 Evidence and
procedures
120 Charge
against Member
121 Presentation
of reports
122 Subcommittees
Select Committees
123 Select
Committees
124 Business
Committee
125 Decisions of
Committee
126 House
Committee
127 Privileges
Committee
128 Standing
Orders Committee
Special committees
129 Special
Committees
Chapter 11
Miscellaneous
130 Approval of
international treaties and conventions
131 Government
guarantees and loans
132 Confirmation
of declaration of emergency powers
133 Privilege
134 Raising
matters of privilege
135 Election of
Prime Minister when office vacant (otherwise than after general election)
136 Conduct of
ballot to appoint President when vacancy in office
137 Replacement
of Leader of the Opposition or vacancy in Leader of the Opposition office
138 Application
of Standing Orders if no Leader of the Opposition
139 Prime
Minister must table President's notice of resignation
140 Removal of
President
141 Speaker's
permission for absences
142 Notices to
Speaker relating to member vacancies
Schedule
Oaths and Affirmations
____________________________
Standing Orders
General Provisions
1 Purpose
(1) These
Standing Orders are made by Parliament for the purposes of sections 47(2), 70,
and 71(1) of the Constitution and contain rules for the conduct of proceedings
in Parliament and for the exercise and upholding of the powers, privileges, and
immunities possessed by Parliament.
(2) To avoid
doubt, they are not intended to diminish or restrict Parliament's rights,
privileges, immunities and powers.
2 Interpreting
the Standing Orders
(1) The Speaker
or other person presiding is responsible for ruling whenever any question
arises as to the interpretation or application of a Standing Order and for
deciding cases not otherwise provided for.
3 Definitions
(1) In these
Standing Orders, unless the context requires another meaning,—
(b) any space defined by the Speaker as such;
"Minister" means a member holding the office
of Minister or Acting Minister in accordance with section 95 of the Constitution;
(i) that any person or government organisation is
required, by or under any enactment, Decree, or Promulgation, to provide to
Parliament; or
"Parliament" means the Parliament of the
Republic of Fiji;
(2) In
calculating time for the purposes of any Standing Order, the rules set out in
section 163(15), (16), and (17) of the Constitution apply as if a reference in
those provisions to the Constitution were a reference to the Standing Order.
(1) In these
Standing Orders, unless the context requires otherwise, party means a political
party registered under the Political Parties (Registration, Conduct, Funding
and Disclosures) Decree 2013.
(1) A financial
interest is a direct financial benefit that might accrue to a member
personally, or to any trust, company, or other business entity in which the
member holds an appreciable interest, as a result of the outcome of Parliament's
consideration of a particular item of business.
(1) A Standing
Order may be suspended in whole or in part only by leave of Parliament.
No member may sit or vote until he or she has
taken the Oath for Members of Parliament and the Oath of Allegiance, or made
the Affirmation for Members of Parliament and the Affirmation of Allegiance,
before Parliament and as set out in the Schedule.
(1) Parliament
may act despite a vacancy in its membership and these Standing Orders continue
to apply subject to the modifications set out in the rest of this Standing
Order.
9 Proceedings
not invalidated for defects in membership
The presence at or participation in
proceedings of Parliament by a person not entitled to be a member does not
invalidate those proceedings.
Chapter 2
Opening of Parliament and Officers of Parliament
10 First
meeting of new Parliament
(1) On the first
meeting of Parliament after a general election the business for the day is as
follows—
(1) On the
second meeting of Parliament after a general election, or the first sitting day
of any subsequent session of Parliament, the business for the day is as
follows—
12 Second
and third days of new Parliament if Prime Minister or Leader of the Opposition
does not assume office on first day
(1) On the
second meeting of Parliament after a general election the business for the day
is as follows, if, at the first meeting of Parliament, no member has assumed
office as the Prime Minister or no member has assumed office as the Leader of
the Opposition, or both—
(2) If the Prime
Minister takes office and whether or not the Leader of the Opposition also
takes office, Parliament then adjourns until a time appointed by the President
to hear the President's speech and Standing Order 11 applies as if this second
meeting of Parliament were its first meeting. Otherwise, Parliament adjourns
until the next day at the time specified by the Speaker and the business for
the day is as follows—
(3) If the Prime
Minister takes office, Parliament then adjourns until a time appointed by the
President to hear the President's speech and Standing Order 11 applies as if
this third meeting of Parliament were its first meeting. Otherwise the Speaker
must notify the President in writing of the inability of Parliament to appoint
a Prime Minister and the President must, within 24 hours of being notified,
dissolve Parliament and issue a writ for a general election to take place in
accordance with the Constitution.
13 Election
of Prime Minister (if necessary) for new Parliament
(1) This
Standing Order applies if it is necessary to elect a Prime Minister after a
general election in accordance with section 93(3) of the Constitution.
(2) The Speaker
must call for nominations for appointment. If only one person is nominated, and
seconded, then that person assumes office as the Prime Minister by taking
before the President the oath or affirmation of allegiance and office (which
the President must administer). Otherwise the rest of this Standing Order
applies.
(3) An officer
of Parliament must give to each member a ballot paper on which the member may
write the name of the person nominated and seconded for whom the member wishes
to vote and then fold the paper so that the name written on it cannot be seen
by any other person.
(4) An officer
of Parliament must collect the ballot papers for counting at the Table by the
Secretary-General. A member on behalf of each person nominated may act as a
scrutineer and those scrutineers may observe the count at the Table.
(5) If a nominee
receives the votes of more than half of all members, the person assumes office
as the Prime Minister by taking before the President the Oath or Affirmation of
Allegiance and the Oath or Affirmation for Prime Minister set out in the
Schedule, which the President must administer.
(6) If no
nominee receives the votes of more than half of all members, the Speaker must
conduct a second ballot within 24 hours of the first vote and in the same
manner as that vote. If a nominee receives the votes of more than half of all
members in this ballot, the person assumes office as the Prime Minister by
taking before the President the Oath or Affirmation of Allegiance and Oath or
Affirmation for Prime Minister set out in the Schedule, which the President
must administer.
(7) If no
nominee receives the votes of more than half of all members, the Speaker must
conduct a third ballot within 24 hours of the second vote in the same manner as
the first vote. If a nominee receives the votes of more than half of all
members in this ballot, the person assumes office as the Prime Minister by
taking before the President the Oath or Affirmation of Allegiance and the Oath
or Affirmation for Prime Minister set out in the Schedule, which the President
must administer.
(8) If, after
the third ballot, no nominee receives the votes of more than half of all the
members in this ballot, the Speaker must notify the President in writing of the
inability of Parliament to appoint a Prime Minister and the President must,
within 24 hours of being notified, dissolve Parliament and issue a writ for a
general election to take place in accordance with the Constitution.
(9) At the
conclusion of each ballot, the Secretary-General, in the presence of any
scrutineers, must destroy the ballot papers.
14 Election
of Leader of the Opposition for new Parliament
(1) In this
Standing Order, "members", means—
(a) the members who do not belong to the Prime
Minister's political party;
(b) the members who do not belong to any party that is
in coalition with, or that supports, the Prime Minister's political party; and
(c) the independent members who do not support the
Prime Minister or the Prime Minister's political party.
(2) The members
must elect, after a general election, and from amongst themselves, a person to
be the Leader of the Opposition.
(3) The election
must be conducted in accordance with the rest of this Standing Order.
(4) At the first
day of the meeting of a new Parliament, the Speaker calls for nominations from
the members.
(5) If only one
person is nominated and that nomination is seconded, the Speaker declares that
person elected as the Leader of the Opposition.
(6) If more than
one person is nominated and two or more of those nominations are seconded, the
Speaker must conduct a vote for those persons whose nominations have been
seconded.
(7) An officer
of Parliament must give to each member present a ballot paper on which the
member may write the name of the person proposed for whom the member wishes to
vote and then fold the paper so that the name written on it cannot be seen by
any other person.
(8) An officer
of Parliament must collect the ballot papers for counting at the Table by the
Secretary-General. Each nominee may appoint another member to act as a
scrutineer for that nominee and such scrutineers may observe the count at the
Table.
(9) The Speaker
announces the name of the person elected as Leader of the Opposition, being the
person receiving the majority of votes.
(10) If no
nominee receives the majority of votes, the Speaker must conduct another ballot
24 hours later in the same manner. The Speaker announces the name of the person
elected as Leader of the Opposition, being the person receiving the majority of
votes.
(11) If no
nominee receives the majority of votes in this second vote, the position of
Leader of the Opposition remains vacant until such time as a majority of the
members write to the Speaker requesting the Speaker to call for nominations for
the election of the Leader of the Opposition, in which case, the Speaker must
conduct another election, on the next sitting day, in accordance with the
procedures set out in clauses (4) to (10) and, if applicable, this clause.
(12) At the
conclusion of each ballot, the Secretary-General, in the presence of any
scrutineers, must destroy the ballot papers.
(13) The Speaker
presides over any election carried out for the purposes of this Standing Order.
Officers of Parliament
15 Functions,
duties, and powers of Secretary-General
(1) The Secretary-General
is responsible to the Speaker for the efficient, effective, and economical
management of Parliament.
(2) The
Secretary-General is the principal procedural advisor to the Speaker, the
members, and the committees of Parliament.
(3) Without limiting
clauses (1) and (2), the Secretary-General's responsibilities include the
following—
(a) keeping the Minutes of Proceedings and circulating
copies to members for confirmation in accordance with Standing Order 31;
(b) maintaining an Order Book showing all future
business for which notice has been given;
(c) preparing the Order Paper in accordance with
Standing Order 33;
(d) keeping custody of the Order Book and all
documents, including Bills, laid before Parliament;
(e) providing members access to the Order Book;
(f) providing members with access to other documents
in the custody of the Speaker that the Speaker is required to provide, or has
consented to provide, to members;
(g) making available to the public tabled documents,
including papers and Bills;
(h) producing Hansard in accordance with
Standing Order 32;
(i) providing each standing and select committee with
a secretary and means of recording oral evidence when required;
(j) presenting Bills to the President for assent;
(k) any other duties set out in these Standing Orders;
and
(l) any other duties to service Parliament as ordered
by Parliament or directed by the Speaker.
(4) When
performing his or her duties and functions, and exercising his or her powers
under this Standing Order, the Secretary-General is not subject to the
direction or control of any person except as provided by these Standing Orders,
the Constitution, or any other law.
16 Speaker
to ensure order in the Chamber and galleries
The Speaker must ensure that the provisions of
these Standing Orders relating to proper conduct and behaviour are observed.
For this purpose, Parliamentary staff may be given duties as the Speaker
decides.
17 Election
of Speaker
(1) This
Standing Order applies for the purpose of electing a Speaker—
(a) on the first day of the meeting of a new
Parliament after a general election; and
(b) whenever otherwise required to fill a vacancy in
the office.
(2) Parliament
must elect, by simple majority, a Speaker who is not a member but who is qualified
to be a candidate for election as a member under section 56(2) of the
Constitution.
(3) The
Secretary-General presides over Parliament for the election of a Speaker and,
for this purpose, has all the powers of the Speaker.
(4) Any member
may propose a person as Speaker (with the person's prior consent) and move "That
[name of person] do take the Chair of Parliament as Speaker".
(5) The motion
must be seconded but no debate is allowed except that the proposer may give a
brief account of the proposed person's credentials.
(6) If only one
person is proposed, that person is declared by the Secretary-General to have
been elected.
(7) If more than
one person is proposed, Parliament must elect a Speaker by ballot following the
procedure set out in the rest of this Standing Order.
(8) An officer
of Parliament must give to each member a ballot paper on which the member may
write the name of the person proposed for whom the member wishes to vote and
then fold the paper so that the name written on it cannot be seen by any other
person. An officer of Parliament must collect the ballot papers for counting at
the Table by the Secretary-General. Any member who has proposed a person as
Speaker may act as a scrutineer and observe the count at the Table.
(9) If the votes
are equal or, if there are more than two candidates of which the votes for the
highest polling candidates are equal, another vote must be held. If the votes
are still equal, or the votes for the highest polling candidates are still
equal, the election is determined by the candidates, or equal highest polling
candidates, drawing lots in the manner that the Secretary-General determines.
(10) The
Secretary-General announces the result and declares the person receiving the
greatest number of votes to be elected.
(11) At the
conclusion of the ballot, the Secretary-General, in the presence of any
scrutineers, must destroy the ballot papers.
18 Speaker's
functions, duties, and powers
(1) The control
and administration of the Parliamentary precinct is vested in the Speaker, on
behalf of Parliament, whether or not Parliament is in session, and the Speaker
has authority to maintain order and decorum in Parliament, in accordance with
these Standing Orders and parliamentary tradition.
(2) Without
limiting clause (1), the Speaker is responsible—
(a) for ensuring the rights and privileges of all
members;
(b) for ensuring public access to the proceedings of
Parliament and its standing and special committees; and
(c) for carrying out any other functions and duties
and exercising any other powers set out in these Standing Orders.
(3) The Speaker,
in performing the functions and duties and exercising the powers of the
Speaker—
(a) is independent and subject only to the
Constitution (including the code of conduct established under section 149 of
the Constitution) and any other law;
(b) serves to secure the honour and dignity of
Parliament; and
(c) must act impartially, and without fear, favour, or
prejudice.
(4) For the
purposes of requiring a Minister to appear before Parliament or a committee of
Parliament, the Speaker must give the Minister—
(a) written notice that he or she is required to
appear before Parliament or the standing, special or select committee, as the
case may be;
(b) written notice of the date and time at which the
Minister must appear, (which must be no less than 24 hours before the giving of
the notice); and
(c) a written summary of the matter to be raised.
(5) The Deputy
Speaker must perform the functions and duties and exercise the powers of the
Speaker if the Speaker is absent from duty or absent from Fiji or is, for any
other reason, unable to perform those functions, duties, and powers.
19 Election
of Deputy Speaker
(1) This
Standing Order applies for the purpose of electing a Deputy Speaker—
(a) on the first day of the meeting of a new
Parliament after a general election; and
(b) whenever otherwise required to fill a vacancy in
the office.
(2) Parliament
must elect, by simple majority, a Deputy Speaker.
(3) Any member
may propose an ordinary member as Deputy Speaker (with the person's prior
consent) and move "That [name of person] do take the position of
Deputy Speaker of Parliament".
(4) The motion
must be seconded but no debate is allowed.
(5) If only one
person is proposed, that person is declared by the Speaker to have been
elected.
(6) If more than
one person is proposed, the members must elect a Deputy Speaker by ballot
following the procedure set out in the rest of this Standing Order.
(7) An officer
of Parliament must give to each member eligible to vote a ballot paper on which
the member may write the name of the person proposed for whom the member wishes
to vote and then fold the paper so that the name written on it cannot be seen
by any other person. An officer of Parliament must collect the ballot papers
for counting at the Table by the Secretary-General. Any member who has proposed
a person as Deputy Speaker may act as a scrutineer and observe the count at the
Table.
(8) If the votes
are equal or, if there are more than two candidates of which the votes for the
highest polling candidates are equal, another vote must be held. If the votes
are still equal, or the votes for the highest polling candidates are still
equal, the election is determined by the candidates, or equal highest polling
candidates, drawing lots in the manner that the Secretary-General determines.
(9) The Speaker
announces the result and declares the person receiving the greatest number of
votes to be elected.
(10) At the
conclusion of the ballot, the Secretary-General, in the presence of any
scrutineers, must destroy the ballot papers.
20 Additional
powers of Speaker and Secretary-General
The Speaker and the Secretary-General have the
power to do everything necessary or convenient to be done for, or in connection
with, the performance of their functions under these Standing Orders.
Chapter 3
Sittings of Parliament
Sessions, sitting periods, and sitting days
21 Sessions
of Parliament
(1) After a
general election, the President must summon Parliament to meet no later than 14
days after the announcement of the results of the general election.
(2) Other
sessions of Parliament must commence on a date appointed by the President on
the advice of the Prime Minister. However, no longer than six months must
elapse between the end of one session and the start of another.
(3) Despite
clause (2), the President must summon Parliament to meet if it is not in
session and he or she receives a request in writing from not less than
one-third of all members requesting that Parliament be summoned to meet to
consider without delay a matter of public importance.
(4) Despite
clause (2), the Speaker must call a sitting of Parliament within 1 week of a
request being made if Parliament is in session but more than two months have
elapsed since the last sitting and the Speaker receives a request in writing
from the Prime Minister or from not less than one-third of all members
requesting that a sitting be held to consider without delay a matter of public
importance.
22 Sitting
programme to determine sitting periods
(1) The Business
Committee must recommend to Parliament a programme of sitting periods for each
session of Parliament or each 12-month sitting period of Parliament, whichever
is the shorter.
(2) The
recommended programme must be presented to Parliament no later than the third
sitting day of the session of 12-month period.
(3) On being
adopted by Parliament, the sitting programme operates subject to any decision
of Parliament to the contrary.
23 Sittings
days
(1) During a
sitting period Parliament sits Monday to Thursday, 9.30am to 12.30pm and 2.30pm
to 4.30pm and Friday from 9.30am to 12.30pm, unless—
(a) a public holiday falls on one of those days; or
(b) a motion moved under clause (2) decides otherwise;
or
(c) one or more standing committees are convened for
that sitting day, in which case Parliament sits from 1.30pm to 4.30pm on that
day.
(2) A member,
acting on behalf of the Business Committee, may, without notice, at the time
appointed under Standing Order 34, or at any other time between two items of
business, move that Parliament sit on a Saturday, a Sunday, or a public holiday
or not sit on any day or days named in the motion. No debate on the motion or
amendment to the motion is permitted.
(3) At 4.30pm
or, if all the business on the Order Paper for the sitting day is completed
earlier, at that earlier time, the Speaker adjourns Parliament without putting
a question to Parliament.
(4) Whenever
Parliament is adjourned, it stands adjourned to the next sitting day as
determined under clauses (1) and (2), except at the adjournment of Parliament
on the day determined for the conclusion of a sitting period, in which case
Parliament stands adjourned until the first sitting day of the next sitting
period.
(5) The Speaker
may, at any time, suspend a sitting or adjourn Parliament, except if a vote is
in progress, in which case the Speaker may suspend or adjourn only after the
result of the vote has been declared and any further questions contingent upon
the main question for which the vote was taken have been decided.
(6) This
Standing Order is subject to any other Standing Order that expressly provides
otherwise.
24 Sittings
must be in public
(1) Parliament
and its committees of the whole (including a Committee of Supply), must conduct
their business in an open manner and may not exclude the public, including any
media, from a sitting unless, in exceptional circumstances, the Speaker has
ordered, on grounds that are reasonable and justifiable, that strangers are to
withdraw from the Chamber or any gallery.
(2) For the
purposes of clause (1),—
(a) the Speaker
may make rules regulating the admission of the public and media and the
Secretary- General must ensure that those rules are complied with; and
(b) "stranger"
means any person other than the Speaker, a member in good standing and any
required Parliamentary staff.
Sittings of Parliament
25 Speaker,
Deputy Speaker, or Acting Speaker presides
(1) The Speaker
or, if he or she is absent or unable to preside, the Deputy Speaker, presides
at each sitting of Parliament or Committee of the Whole Parliament.
(2) If both the
Speaker and the Deputy are absent from a sitting or unable to preside, the
Secretary-General must inform Parliament and the members present must elect
from amongst themselves, by simple majority, a person to preside at that
sitting (an Acting Speaker) and, for this purpose, the Secretary-General must
conduct a vote if more than one person is nominated and seconded.
(3) If the votes
are equal or, if there are more than two candidates of which the votes for the
highest polling candidates are equal, another vote must be held. If the votes
are still equal, or the votes for the highest polling candidates are still
equal, the election is determined by the candidates, or equal highest polling
candidates, drawing lots in the manner that the Secretary-General determines.
(4) The election
of the member as an Acting Speaker is valid only for that sitting or, as the
case may be, while the Speaker or Deputy Speaker is absent from or unable to
preside at that sitting. If the Speaker and Deputy Speaker are absent on or
unable to preside at the next or subsequent sitting days, a new election must
be held for each sitting day.
(5) When
presiding at a sitting, the Deputy Speaker or an Acting Speaker has all the
relevant functions, duties, and powers of the Speaker.
26 Quorums
(1) A sitting of
Parliament may not begin or continue unless at least one-third of all members
are present.
(2) If it
appears to the Speaker that a quorum is not present, he or she must order the
Secretary-General to sound a bell for a period of 60 seconds. If, ten minutes
from the ending of the bell sounding, there is no quorum, the Speaker must
adjourn the sitting.
(3) A vote on a
Bill may not be held unless a majority of all members are present.
(4) If it
appears to the Speaker that a majority of all members are not present, he or
she must order the Secretary-General to sound a bell for a period of 60
seconds. If, ten minutes from the ending of the bell sounding, there is not a
majority of members present, the Speaker must adjourn the vote until the day
that the Business Committee requests that the Bill again be called for vote.
(5) If a member
objects to the transaction of business at a sitting on the ground that a quorum
is not present, and the objection appears valid to the Speaker, the Speaker
must act in accordance with clause (2) or (4) as the case may be.
(6) If a member
is presiding he or she must not be counted for the purposes of determining
whether a quorum is present.
27 Seating
(1) The Prime
Minister and parties in Government occupy the seats to the right of the
Speaker. The Leader of the Opposition and parties in opposition occupy the
seats to the left of the Speaker.
(2) Members of
each party occupy adjacent seats. Within each block of seats, the Prime
Minister, the Leader of the Opposition, or other party leader, as the case may
be, determines where members of their parties sit.
(3) In any
dispute as to the seats to be occupied, the Speaker decides after consulting
the Business Committee.
28 Speeches
must be in English
A member must address the Speaker in the
English language.
29 Documents
must be in English
Documents in relation to all business before
Parliament, including Bills, motions, questions, and proceedings must be in
English.
30 Prayer
and laying of the Mace
(1) On taking
the Chair at the start of each sitting, the Speaker must read the following
prayer to Parliament—
"Oh God,
we come together in your name in this Parliament to debate our nation's affairs
and pass laws for the betterment and welfare of all Fijians. Guide us in our
deliberations and grant us the wisdom to do what is just and fair.
We ask you to
bless our beloved nation and grant every Fijian peace, prosperity and equal
opportunity. Help us to serve our citizens with honesty, integrity and without
fear or favour, to keep the trust of those who have sent us here.
We seek your
divine guidance to continue to build a better nation for all Fijians. In your
name, AMEN."
(2) After the
prayer, the Mace is placed upon the Table.
(3) The Mace is
the symbol of the authority of Parliament entrusted by it to the Speaker.
(4) The Mace
remains upon the Table during sittings except when Parliament is in committee,
in which case it must be removed from the Table and placed under it.
31 Minutes
of Proceedings
(1) The
Secretary-General must keep a record of all proceedings of each sitting of
Parliament, including when Parliament is sitting in committee. The record must
include, in respect of each sitting, the members attending, all decisions
taken, and details of any votes taken. The Minutes of Proceedings are a summary
of the record for each sitting.
(2) At each
sitting, at the time appointed under Standing Order 34, Parliament must
confirm, or amend and confirm, as the case may be, the Minutes of Proceedings
of the immediately previous sitting. For this purpose, the Secretary-General
must circulate the draft minutes to members before the sitting.
(3) The minutes
of the final sitting in a series of sittings may, unless Parliament decides
otherwise, be confirmed, or amended and confirmed, on the first sitting day of
the next series of sittings.
(4) The Minutes
of Proceedings of the final sitting day before a general election may, unless
Parliament decides otherwise, be confirmed before Parliament adjourns sine
die.
(5) Any debate
on the confirmation of the Minutes of Proceedings is limited to suggesting
amendments or raising questions as to their accuracy.
32 Official
report of proceedings (Hansard)
(1) An official
report (known as Hansard) of the proceedings of Parliament and of
Committees of the Whole Parliament must be prepared under the direction of the
Secretary-General. The report must be as nearly as possible verbatim. Questions
and answers, whether oral or written, must be included in the report.
Supplementary oral questions and answers, other than supplementary oral
questions that the Speaker has disallowed, must also be included in the report.
(2) The report
must be published, and a copy of it sent to each member as soon as practicable.
However, before publishing the report, a copy of any part of it that contains a
speech by a member must be sent to that member for correction of any
grammatical or other minor technical error. No corrections that alter the
meaning, emphasis, or substance of the member's speech may be made. If a
corrected copy is not received from a member within seven days of its despatch
to the member, the speech may be published without any corrections from the
member.
(3) If a member
disputes the accuracy of a copy of a report containing a speech of the member,
the Speaker must rule on the matter and his or her decision is final.
33 Order
Paper
(1) The
Secretary-General must prepare an Order Paper for each sitting day showing the
business of Parliament for that day in the order in which it is to be
transacted.
(2) The
Secretary-General must prepare the Order Paper in accordance with Standing
Order 34(1), having taken into account any change required under Standing Order
34(2).
(3) The
Secretary-General must circulate the Order Paper at least two hours before
Parliament sits for the day.
34 Order
of Parliament business
(1) The business
of Parliament each day, and the order of its transaction, is as follows—
(a) Prayer;
(b) administration of oath or affirmation;
(c) confirmation of minutes of previous sitting;
(d) communications from the Speaker;
(e) presentation of petitions;
(f) presentation of papers and certain documents;
(g) presentation of reports of committees;
(h) questions;
(i) Ministerial statements;
(j) adjournment motions on matters for urgent
consideration under Standing Order 36;
(k) raising of matters of privilege;
(l) personal explanations;
(m) first reading of Bills;
(n) motions moved by members of the Business Committee
that relate to sittings and Parliament business;
(o) motions for which notice has been given; and
(p) any other business in the order set down on the
Order Paper.
(2) Clause (1) applies
unless—
(a) the Business Committee determines otherwise;
(b) another Standing Order requires business to be
transacted in a different order; or
(c) leave of Parliament is given for business to be
transacted in a different order.
(3) Government business
is set down on the Order Paper in the order determined by the Government.
(4) Members'
business is set down on the Order Paper in the order determined by the Business
Committee.
(5) Government
business takes precedence over any other public business item except on a
Friday sitting day, in which case Members' business takes precedence over any
other public business item.
(6) In this
Standing Order,—
"Government
business" means—
(a) proceedings on motions for which notice has been
given by Ministers; and
(b) proceedings on Bills in the charge of Ministers.
"Members'
business" means—
(a) proceedings on motions for which notice has been
given by members other than Ministers; and
(b) proceedings on Bills in the charge of members
other than Ministers.
35 Weekly
adjournment motions
(1) A motion for
the adjournment of Parliament must be moved by the Leader of the Government in
Parliament at the conclusion of business on every Friday on which Parliament
sits or, if the final sitting day of a sitting period is not a Friday, at the
conclusion of business for that day.
(2) One hour is
allowed for debate on the motion at which three members may each speak for ten
minutes with a ten minute right of reply to each of these speeches by the
Minister or Ministers responsible for the subject-matter of the members'
speeches or another member who is delegated to speak on behalf of a Minister.
(3) The right to
speak is allocated to the first three members to give notice of motion without
need for the motion to be seconded—
(a)not more
than 48 hours before the expected time of adjournment; and
(b) not less
than 24 hours before the expected time of adjournment,
and the Secretary-General must notify the
successful three members that they will be speaking.
(4) In debating
the motion, the following rules apply—
(a) a member may not revive discussion of a matter
which has been discussed and disposed of by Parliament in the previous 6
months;
(b) a member may not anticipate a matter that has
already been set down for Parliament to consider or for which a notice of
motion has already been given;
(c) a member may not raise a matter of privilege; and
(d) a member may not raise any matter unless no less
that 24 hours' written notice has been given to the Secretary-General of the
matter.
(5) After the
hour's debate has concluded, only the motion for the adjournment moved by the
Leader of the Government in Parliament is voted on.
36 Adjournment
motions to discuss matters for urgent consideration
(1) At the time
appointed under Standing Order 34, a member may request leave of Parliament to
move that Parliament adjourn its normal business for the purpose of debating a
matter that should have urgent consideration. However, the member may request
leave only if he or she has provided a written summary of the matter to the
Secretary-General and the whips before the start of the sitting.
(2) The motion
stands over, without debate, until the end of business for that sitting day,
but only if—
(a) in the Speaker's opinion, the matter is a
particular case of recent occurrence that involves the administrative or
ministerial responsibility of the Government which requires the immediate
attention of Parliament and the Government; and
(b) leave of Parliament is given or, if leave is not
given, no less than ten members rise in their places to support the adjournment
motion.
(3) When the end
of business for the day arrives, the debate on the matter for urgent
consideration is held, being no more than two hours' duration.
37 Presentation
of petitions
(1) Any member
may present a petition to Parliament that has endorsed upon it a certificate
signed by the member stating that, in the member's opinion, the petition is
respectful, does not promote disharmony, and is deserving of presentation. The
member may make a brief statement about the person or persons in whose name the
petition is presented, the number of signatures attached to it, and a summary
of the petitioning words before laying the petition on the Table.
(2) Two days'
notice must be given of the intention to present a petition during which time
the Speaker must scrutinise it to ensure that the petition—
(a) conforms with the requirements of this Standing
Order; and
(b) is seeking action which lies within the powers of
Parliament to take.
(3) A petition
must be in English.
(4) Parliament
is not required to receive or consider a petition that is of the same subject
matter as a petition that has already been finally dealt with by Parliament
during the term of Parliament unless substantial or new evidence in relation to
the subject matter of the petition is available and that evidence was not
available when the earlier petition was considered.
(5) The Speaker
must refer each petition laid on the Table to the standing committee under
which the subject matter of the petition falls and the committee must
investigate its contents and provide a report to Parliament on the petition and
the action sought by the petitioners.
38 Presentation
of papers and documents quoted from by Minister
(1) A paper must
be presented to Parliament by the Minister with responsibility for that aspect
of Government business laying the paper on the Table at the time appointed
under Standing Order 34.
(2) The Speaker
must refer the paper to the standing committee under which the subject matter
of the paper falls and the committee may investigate its contents and provide a
report to Parliament on the paper.
(3) Once
presented to Parliament, a paper must be made available to the public.
(4) A document
relating to public affairs quoted from by a Minister, unless stated to be
confidential, must, if required by any member, be presented to Parliament at
the time appointed under Standing Order 34.
39 Presentation
of reports of committees
A report of a committee must be presented to
Parliament by the committee chairperson, or a member designated by the
committee chairperson, laying the paper on the Table at the time appointed
under Standing Order 34.
40 Ministerial
statements
(1) A Minister
who wishes to make a statement on a public matter of national importance must
inform the Speaker and each party represented in Parliament, no less than 1
hour before the beginning of the sitting day at which the Minister wishes to
make the statement, of his or her wish to do so.
(2) A statement
is made at the time appointed under Standing Order 34.
(3) There is no
debate on a statement but the leader of each opposition party represented in
Parliament, or his or her designate, may comment, for no more than five minutes
each, on the statement.
Chapter 4
Questions
41 Members
may ask questions on public matters
(1) Members who
are not Ministers may address questions to the Government that relate to public
matters for which the Government is officially responsible seeking information
on the matters or asking for official action on the matters. Members must do so
in accordance with the rest of this Standing Order.
(2) A member
must give notice of a question by delivering a written copy of the question to
the Secretary-General no less than four days before the day on which the
question is to be asked.
(3) If the
member wishes to ask the question orally, the member must mark the notice with
the word "oral" and state in the notice the day on which the member
wishes to ask the question. However, if the Speaker considers that the question
deals with matters of a statistical nature, the Speaker may direct that the
question instead be treated as a question for written answer.
(4) A member may
not give notice for more than one question for oral answer, or two questions
for written answer, to be answered on the same day.
(5) Any notice
not marked as "oral" will be treated as a notice of a question for
written answer.
(6) Questions
must comply with the rules set out in Standing Order 44.
(7) If the
Speaker considers that a question does not comply with those rules, the Speaker
may rule the question out of order and, if he or she does so, inform the member
and provide a brief statement of the reasons for the ruling.
42 Allocation
of questions for oral answer in Parliament
(1) Up to six
members' questions for oral answer may be included on the Order Paper for
answer each sitting day at the time appointed under Standing Order 34 with no
more than two being questions to a particular Minister in respect of any one
Government department.
(2) The
allocation of questions, both as amongst parties and the order in which they
are to be asked, is determined by the Business Committee, and the
Secretary-General must—
(a) inform all members as soon as possible of the
Business Committee's determination; and
(b) inform any member whose notice of an oral question
requested for that day has not been allocated a place that the notice is
rejected.
43 Urgent
oral questions
(1) Despite
Standing Order 41(2), a member who is not a Minister, may, at the start of the
time appointed for questions under Standing Order 34, give notice of an urgent
oral question by delivering a written copy of the question to the
Secretary-General one hour before the sitting in which the question will be
asked and the question must be of an urgent character and relates to a matter
of public importance.
(2) The
Secretary-General must, as soon as practicable give a copy of the urgent oral
question in clause (1) to the Speaker and the Minister to whom the question is
addressed.
(3) The Speaker
may permit the question to be asked if the Speaker is satisfied that the
question satisfies the requirements of clause (1), in which case the order of
oral questions set down for the day is adjusted so that the urgent question
becomes the first question for the day and the last oral question set down is
omitted from the Order Paper.
44 Questions
to comply with rules in this Standing Order
(1) Questions,
whether written or oral, must comply with the rules set out in this Standing
Order.
(2) A question
must refer to no more than one subject.
(3) A question
must not be excessive in length.
(4) A question
must not contain the names of persons or include statements not strictly
necessary to make the question intelligible.
(5) If a
statement is included in a question, the member asking the question is
responsible for the accuracy of the statement.
(6) A question
must not contain any argument, inference, imputation, or epithet, or
tendentious, ironical, or offensive expression.
(7) A question
must not be asked about proceedings in a committee before the committee has
made its report to Parliament.
(8) A question
must not be asked for the purpose of obtaining an expression of opinion, the
solution to an abstract case, or the answer to a hypothetical proposition.
(9) A question
must not be asked about the character or conduct of any person except in that
person's official or public capacity.
(10) A question
must not be asked that reflects on the character or conduct of any person.
(11) A question
may not refer to a debate that has occurred or answer that has been given
within the previous six months.
(12) A question
may not seek information about a matter that, in the opinion of the Speaker, is
confidential.
(13) A question
must not refer to any matter in relation to which a judicial decision is
pending or is otherwise before a court of law.
(14) A question
must not reflect on any decision of a court of law.
(15) A question
must not be asked on whether statements in the press, or statements of private
individuals or private concerns, are accurate.
(16) A question
must not be asked seeking information that is readily accessible in public
forums.
45 Asking
and answering questions (including supplementary oral questions)
(1) At the time
appointed under Standing Order 34, the Speaker calls upon the member in whose
name a question appears on the Order Paper.
(2) If the
question is an oral question, the member rises and asks the question and the
Minister to whom the question is addressed answers it. At the discretion of the
Speaker, a member may ask a supplementary question or questions for the purpose
of further elucidating any matter arising from the Minister's original answer.
However, the Speaker may disallow any supplementary question if he or she
considers that the question infringes any of the rules against admissibility of
questions in Standing Order 44 or the supplementary question raises a new
matter.
(3) If the
question is a written question, the member rises and asks the question by
referring only to its number on the Order Paper and the Minister to whom the
question is addressed lays the answer on the Table. If the Minister does not do
so, and does not provide an answer to the question within 7 sitting days of the
day on which the question was set down on the Order Paper for written answer,
the Secretary-General must place the question on the Order Paper for oral
answer, if the member in whose name the question stands and so requests.
(4) The Minister
must reply to a question, unless it would be inconsistent with the public
interest to do so. A reply must be relevant, concise and confined to the
subject-matter of the question asked. It must not contain—
(a) statements of facts and the names of any persons
unless they are strictly necessary to answer the question;
(b) arguments, inferences, imputations, epithets, or
ironical expressions;
(c) discreditable references to Parliament or any
member or any offensive or unparliamentary expression;
(d) references to proceedings in committee at meetings
closed to the public that have not yet been reported to Parliament; or
(e) references to a case pending adjudication by a
court.
(5) A copy of
the answer to a question, whether oral or written, must be supplied to the
member by the Minister.
(6) If a member
is not present to ask a question at the allotted time, the question lapses.
(7) A member may
postpone a question by giving three clear days' notice to the Secretary-General
and indicating the new date on which the member wishes the question to be
asked, but, if he or she does so, the question again becomes subject to
allocation by the Business Committee under Standing Order 42.
Chapter 5
Motions and Voting
Motions
46 Notices
of motion required
(1) A member
wishing to move a motion must give notice of it before it may be moved, unless
the requirement for notice is dispensed with by leave of Parliament or another
Standing Order expressly provides that no notice is required.
(2) Notice is
given by delivering to the Secretary-General, no less than two days before the
day on which the member intends to move the motion, a written copy of the
motion that is signed by the member. However, if the motion is put by a member
otherwise than on behalf of the Government, the copy must also be signed by at
least one other member.
(3) The
Secretary-General must include a motion on the Order Paper unless the Speaker
determines it is inadmissible under Standing Order 48.
(4) A member in
whose name a motion stands may withdraw the notice of motion from the Order
Paper, at any time before the motion is moved, by giving instructions to that
effect to the Secretary-General.
47 How
motions moved
(1) A member is
called upon by the Secretary-General to move a motion and rises to move the
motion by stating its terms.
(2) A member may
only move a motion in his or her name, but a Minister may move a motion that
stands in the name of any other Minister.
(3) Every motion
is required to be seconded, unless another Standing Order expressly provides
that a seconder is not required.
(4) When a
motion has been moved and, if necessary, seconded, the Speaker proposes a
question on the motion to Parliament in the same terms as the motion and a
debate then takes place. The mover is entitled to open the debate and reply to
it.
(5) A motion
being debated may be withdrawn only with the leave of Parliament and before the
question has been put on it. The motion may be moved again at a future sitting
but must be treated for the purposes of these Standing Orders as a new motion
and must satisfy any notice or other requirements of the Standing Orders.
48 Inadmissible
motions
A motion is inadmissible if, in the opinion of
the Speaker,—
(a) the debate on the motion would be likely to promote
or provoke feelings of ill-will or hostility between different communities in
Fiji;
(b) the motion would, if passed and put into effect,
be inconsistent with the rights and freedoms recognised in Chapter 2 of the
Constitution;
(c) the motion contains unbecoming or offensive
expressions, or expressions or words that would not be permitted in debate; or
(d) the motion contains statements of fact or the
names of persons that are not strictly necessary to render the notice
intelligible or, if necessary, are unable to be authenticated.
49 Motions
of no confidence in Prime Minister
(1) A motion of
no confidence in the Prime Minister must be called for vote within 24 hours of
the notice of the motion being given.
(2) The motion
must propose the name of another member to be the Prime Minister.
(3) The motion
passes if it is supported by a majority of all members.
(4) If the
motion fails, no further motion of no confidence may be introduced against the
Prime Minister until at least 6 months have elapsed (calculated from the date
on which the original notice of motion is given to the Secretary-General).
(5) A motion of
no confidence in the Prime Minister takes precedence over any other business.
(6) If the
motion passes, the incumbent Prime Minister ceases to hold office and every
other Minister is deemed to have resigned and the proposed Prime Minister
immediately assumes office pursuant to section 94 of the Constitution.
50 Motions
for early dissolution of Parliament
(1) A motion for
the early dissolution of Parliament may be moved only if the following matters
are satisfied—
(a) the Leader of the Opposition moves the motion;
(b) the motion is moved only on the grounds that the
Government lacks the confidence of Parliament;
(c) a motion of no confidence in the Prime Minister
made in accordance with Standing Order 49 has first been rejected;
(d) not less than 18 months of the Parliamentary term
has elapsed calculated from the date of its first sitting after a general
election; and
(e) the end of the Parliamentary term is more than 6
months in the future calculated as the date that is 4 years from the date of
its first sitting after a general election.
(2) The motion
is passed only if no less than two-thirds of all members vote in favour of the motion.
(3) A motion for
early dissolution of Parliament takes precedence over any other business except
a motion of no confidence in the Prime Minister.
51 Motion
for Bill to proceed without delay
(1) A motion
requesting that Parliament consider a Bill without delay—
(a)may be moved
without notice; and
(b) shall be
moved by the member moving the Bill.
(2) The motion
must set out how and when Parliament will deal with each stage of the Bill's
passage through Parliament, including—
(a) whether the Bill will pass through 1 or more
stages at a single sitting and, if so, which stages;
(b) what if any time limits will apply to any debates
on the Bill during its passage; and
(c) whether the Bill will be referred to a standing
committee or other committee of Parliament.
(3) The motion
to proceed without delay in relation to a Bill may be moved at any stage of the
progression of the Bill through Parliament.
Voting
52 Decisions
determined by members present and voting
(1) A question
proposed for decision by Parliament is determined by those members present in
Parliament.
(2) The question
is determined by a majority of votes for or against.
(3) Each member
is entitled to one vote or to abstain.
(4) If a member
is presiding, he or she does not have an additional casting vote and must not
be counted for the purposes of determining whether or not a majority of members
are present.
(5) If there is
an equality of votes on a question, the question is deemed to be lost.
(6) The
Attorney-General, or anyone acting in that capacity, is not eligible to vote on
any question proposed for decision by Parliament unless he or she is an elected
member of Parliament.
(7) This
Standing Order applies subject to any express requirement in any other Standing
Order.
53 Putting
the question
(1) When debate
on a motion, including any right of reply exercised by the mover, has
concluded, the Speaker puts the question to Parliament. If no member objects,
the question is deemed agreed by Parliament.
(2) A question
having been put is resolved in the affirmative or negative, by the majority
voting "Yes", "No" or abstaining.
(3) Subject to
Standing Order 53(1), a vote shall be taken using an electronic voting system.
(4) A member
shall not be permitted to vote using the electronic voting system unless seated
in his or her designated seat.
(5) Before a
vote is taken, when at least three members so request, the bell must be rung.
If votes are to be taken immediately after one another, the bell need not be
rung more than once. Five minutes after the bell began ringing, the vote or
votes must be taken.
(6) A member
shall push the appropriate button—
(a) to vote "yes" or "no"; or
(b) "abstain" if he or she so wishes, to
record his or her abstention.
(7) The Speaker,
when satisfied that members have been provided sufficient time to vote or
record their abstention, shall close the vote.
(8) Where the
electronic vote has been closed, the Secretary-General shall—
(a) announce the number of members voting 'Yes' and 'No'
respectively and the number of members whose abstention has been recorded; and
(b) declare the result of the vote.
54 Vote
procedure
(1) Where—
(a) the electronic voting system is unavailable; or
(b) the Speaker determines that the vote cast by the
electronic voting system is not reliable,
the question shall be decided by means of a
vote that must be conducted by a roll call.
(2) A roll call
vote is conducted by the Secretary-General, who asks each member separately how
the member wishes to vote. Each member, upon being called, gives his or her
vote by saying "Aye" or "No" or, if the member wishes to
abstain from voting, by saying "I abstain". On completion of the
vote, the Secretary-General declares the result and records in the minutes the
vote or abstention of each member.
55 Special
voting requirements
(1) A resolution
to remove the Speaker or Deputy Speaker must be supported by not less than
two-thirds of all members. If the resolution relates to the Speaker, the Deputy
Speaker must preside over the debate and conduct the vote on the motion. If the
resolution relates to the Deputy Speaker, the Speaker must preside over the
debate and conduct the vote on the motion.
(2) A motion
under Standing Order 51 for a Bill to proceed without delay must be supported by
a majority of all members.
56 Member
with financial interest may vote only with Speaker's permission
(1) A member may
not vote on a question in relation to which the member has a financial
interest. If the member does vote, the vote may be disallowed by a motion
moved, without notice, either immediately after the vote is completed or, if
the Speaker sees fit, at a later sitting day.
(2) A member
whose vote is impugned by a motion under this Standing Order may make a
statement on the motion but may not vote on it.
(3) For the
purposes of this Standing Order, the Speaker determines whether or not a member
has a financial interest in the question.
Chapter 6
Rules of Debate
General matters
57 Speaker
calls members to speak
(1) If two or
more members rise to speak at the same time, the member called on by the
Speaker is entitled to speak.
(2) In deciding
whom to call, the Speaker must take account of the following factors—
(a) if possible, a member of each party should be able
to speak in each debate;
(b) overall participation in a debate should be
approximately proportional to party membership in Parliament;
(c) priority should be given to party spokespersons in
order of size of party membership in Parliament; and
(d) the seniority of members and the interests and
expertise of individual members who wish to speak.
58 Protocols
while speaking
(1) Members must
stand while speaking. However, a member unable conveniently to stand because of
illness or infirmity may, with the Speaker's permission, speak from a sitting
position.
(2) Members must
address all their speeches and observations to the Speaker.
(3) A member
must not be interrupted, except by the Speaker, or another member who is—
(a) raising a point of order; or
(b) trying to clarify some matter raised by the member
in his or her speech, but only if the member speaking is willing to give way
and resume his or her seat and the member wishing to interrupt is called by the
Speaker.
(4) When a
member has finished speaking, the member resumes his or her seat, and any other
members wishing to speak may rise.
59 Member
must declare financial interest
A member must, before participating in the
consideration of any item of business, such as speaking in Parliament or
sitting on a committee, declare any financial interest that the member has in
that business, if the interest is not already contained in any register of
pecuniary or other specified interests of members of Parliament.
60 Speech
must be relevant
(1) When
speaking, members must confine their observations to the subject under
consideration.
(2) If more than
one question has been proposed, by way of amendment, the debate must be
relevant to the last question proposed until that question has been disposed
of.
(3) If an
amendment is moved and seconded, a member who has not spoken previously may
speak to the substantive motion as well as to all the amendments proposed by
the time the member speaks.
61 Member
must not refer to judicial proceedings
When speaking, a member must not refer to any
matter in relation to which a judicial decision is pending.
62 Prohibited
references
(1) When
speaking a member must not impute improper motives to any other member.
(2) The
President's name may not be introduced to influence Parliament or any
committee.
(3) The conduct
of members, the President, the Chief Justice (performing the functions of the
office of President under section 88 of the Constitution), members of the
judiciary, or other persons acting in a judicial capacity must not be raised,
except on a motion with notice introduced with the Speaker's permission. In any
other situation, reference to the conduct of any of these individuals is out of
order.
(4) It is out of
order for a member, when speaking, to use—
(a) offensive words against Parliament or another
member;
(b) treasonable words;
(c) seditious words; or
(d) words that are likely to promote or provoke
feelings of ill-will or hostility between communities or ethnic groups within
Fiji.
63 Speech
must not reflect upon votes taken
A member must not reflect upon any vote of
Parliament, except on a motion that a vote be rescinded.
64 Number
of speeches
(1) Except as
otherwise provided in the rest of this Standing Order, a member may speak only
once to a question before Parliament.
(2) A member may
speak more than once—
(a) to a point of order;
(b) when Parliament is in committee; or
(c) when another Standing Order expressly allows.
(3) The mover of
a substantive motion, other than a motion for an amendment, may, at the end of
the debate on the motion, speak in reply to any matter raised in the debate.
Once the mover has exercised the right of reply, no other member may speak on
the motion and the question must be put pursuant to Standing Order 53.
(4) A member who
has spoken on a substantive motion may, when a motion to amend that motion has
been moved and seconded, speak again, but only on the amendment.
(5) A member may
second a motion by rising and stating that the member seconds the motion,
without losing his or her right to speak during the debate on the motion.
65 Reading
of speeches prohibited
(1) Members must
not read their speeches. However, a member may—
(a) read extracts from documents in support of his or
her arguments; or
(b) refresh his or her memory by reference to notes.
(2) The Speaker
may direct a member to refrain from reading a speech if—
(a) a point of order is raised by a member; or
(b) the Speaker observes the activity.
66 References
to other motions and debates
(1) A member may
not, without the Speaker's permission, propose a motion that has previously
been proposed, debated, and disposed of unless 6 months have elapsed since its
disposal.
(2) A member may
not, without the Speaker's permission, revive in any debate a matter upon which
Parliament has come to a conclusion unless 6 months have elapsed since that
conclusion.
(3) It is out of
order to anticipate any question by discussion of a motion or by debate before
the day appointed for the consideration of that question.
67 Speaker
may terminate member's speech
(1) The Speaker
may terminate a member's speech if, having first been warned by the Speaker,
the member persists in speaking on irrelevant matters or with tedious
repetition either of the member's own arguments or of those of other members
used in the debate.
(2) The Speaker
may terminate a member's speech for breach of any other rule of debate in these
Standing Orders.
68 Speaking
times and the putting of questions
(1) The time
limit for all speeches and debates is 20 minutes unless otherwise agreed by the
Business Committee or permitted by another Standing Order.
(2) During the
course of a debate, any member may move, without notice or a seconder, "That
the question be now put". The Speaker may refuse to propose "That the
question be now put" if—
(a) the prescribed time limit for the debate has not
been reached; or
(b) in the Speaker's opinion, to put the question—
(i) would curtail reasonable debate;
(ii) would be contrary to ensuring all parties
represented in Parliament have a fair proportion of the debating time; or
(iii) would be an abuse of these Standing Orders or
otherwise be unreasonable.
(3) If the
Speaker accepts the motion, the question on it is proposed without amendment or
debate.
(4) When a
debate ceases, whether or not upon the expiry of any time limit or on the
carrying of a motion "That the question be now put", the Speaker must
immediately call upon the mover of the motion that was the subject of the
debate to exercise the right of reply and then propose the question to Parliament.
69 Adjournment
of debate
(1) After a
question has been proposed, any member, on being called to speak to that
question, may move "That this debate be now adjourned" either to a
later hour on the same day or to any other day. There is no amendment or debate
on this question.
(2) On the
adjournment of Parliament, any debate in progress is adjourned and set down for
resumption on the next sitting day.
Maintenance of Order
70 Powers
of the Speaker to enforce order
(1) The Speaker
maintains order and decorum in Parliament.
(2) Whenever the
Speaker rises during a sitting, members must sit down and be silent so that the
Speaker can be heard without interruption.
71 Members
to acknowledge Speaker
Members must acknowledge the Speaker or other
person presiding by bowing when entering and leaving the Chamber.
72 Members
must be seated
Members must be seated when they are in the
Chamber except when speaking in debate or voting.
73 Members
to stand as Speaker leaves Chamber
When the Speaker or other person presiding is
about to leave the Chamber at the conclusion of a sitting, members rise in
their places and remain standing until the Speaker or other person presiding
has left the Chamber.
74 Points
of order
(1) Any member
may raise a point of order.
(2) A point of
order takes precedence over all other business.
(3) When a point
of order has been stated, the member who raised it resumes his or her seat and
no member, except with the Speaker's permission, may rise until the Speaker has
decided the matter. The member who was addressing Parliament at the time the
point of order was raised is entitled to continue with his or her speech with
no loss of allocated time, subject to any ruling made by the Speaker on the
matter.
(4) The Speaker's
decision on a point of order is not open to appeal and may not be considered by
Parliament, except on a substantive motion made with notice.
75 Disorderly
conduct
(1) The Speaker
may order any member whose conduct is highly disorderly or repeatedly violates
the Standing Orders to withdraw immediately from Parliament or a period of time
that the Speaker decides, being no more than the remainder of that sitting day.
(2) A member
ordered to withdraw before or during questions for oral answer may not return
to the Chamber to ask or answer a question and no other member may ask a
question on that member's behalf.
(3) Any member
ordered to withdraw from Parliament may not enter the Chamber and may not vote
on any question put during the period of his or her withdrawal.
76 Naming
of member and suspension for grossly disorderly conduct
(1) The Speaker
may name any member whose conduct is grossly disorderly and call on Parliament
to judge the conduct of the member by immediately putting the question "That
[member] be suspended from the service of Parliament". There is no
amendment or debate on the question.
(2) If the
naming occurs while Parliament is in committee, the committee must first
resolve itself into Parliament before the question is put.
(3) If the
majority of all members vote in favour, the member is suspended,—
(b) on the second occasion during the same session,
for seven days (excluding the day of suspension); or
(c) on the third or any subsequent occasion during the
same session, for 28 days (excluding the day of suspension).
(4) A member who
is suspended who refuses to obey a direction of the Speaker to leave the
Chamber is, without any further question being put, suspended from the service
of Parliament for the remainder of the calendar year.
(5) The fact
that a member has been suspended under clause (3) or (4) does not prevent
Parliament from also holding the member's conduct to be in contempt.
77 Suspension
from Parliament during disputed vacancy
A member who makes an application to the Court
of Disputed Returns under section 63(5) of the Constitution in relation to the
validity of his or her seat becoming vacant must be treated as being suspended
from the service of Parliament until the Court of Disputed Returns makes its
determination on the application.
78 Rights
forfeited by suspended member
(1) A member who
is suspended from the service of Parliament under Standing Order 76 or 77 must
not do any of the following—
(a) enter the Chamber;
(b) vote;
(c) serve on a committee; or
(d) lodge a question or notice of motion.
(2) For the
purposes of these Standing Orders, Parliament must be treated as if there were
a vacancy in its membership for the duration of the member's suspension and
Standing Order 8 applies.
79 Grave
disorder in Parliament
If there is grave disorder in Parliament, the
Speaker may, if he or she thinks it necessary to do so,—
(a) suspend the sitting to a time named by him or her;
or
(b) adjourn Parliament without any question being put,
to a time named by him or her.
80 Personal
explanation
A member may explain matters of a personal
nature with the permission of the Speaker. A personal explanation is not
debatable.
81 Response
to misrepresentation
(1) A member who
has spoken to a question may speak again, at the discretion of the Speaker, to
offer an explanation of some material part of his or her speech that has been
misrepresented, misquoted, or misunderstood. The member must do so immediately
at the end of the speech of the member who is alleged to have misrepresented,
misquoted, or misunderstood the speech.
(2) An
explanation must be succinct, strictly relevant to the reference, and not
introduce any new matter.
82 Publishing
of Speakers' Rulings
Rulings from the Speaker showing how the
Standing Orders have been applied and interpreted may be published and made
available as an addendum to the Standing Orders.
Chapter 7
Legislative Procedures
83 Who
may introduce Bill
(1) Any member
may introduce a Bill, including a Private Bill, but only the Minister
responsible for Finance, or another Minister authorised by Cabinet, may
introduce a Money Bill.
(2) A member
must give notice to the Secretary-General of the member's intention to
introduce a Bill. The Secretary-General must publish the notice in the Gazette
no less than two days before the sitting at which the Bill is intended to be
read a first time.
(3) Clause (2)
does not apply if the member is a Minister and the Bill is a Money Bill.
(4) A Bill is
introduced by being read a first time under Standing Order 84.
84 First
reading
(1) Where a
motion is moved "That [name of Bill] be now read a first time",
it shall be passed without debate and without the question being put. The
Secretary-General shall then read the title of the Bill and the Bill is then
set down for second reading on a future sitting day.
(2) At the time
of moving First reading of a Bill, the member must table four copies of the
Bill in Parliament.
(3) Copies of
the Bill shall be made available to each member as soon as is practicable.
85 Second
reading
(1) On a motion
being moved and seconded "That [name of Bill] be now read a second
time", a debate may take place on the principles and merits of the Bill.
(2) To the
question "That [name of Bill] be read a second time", an
amendment may be moved and seconded to leave out all the words after the word "that"
and the words "the second reading of [name of Bill] be deferred
until [date]" be inserted. If the amendment is seconded, the
question "That the amendment be made" must be proposed and a debate
may take place on the amendment until the question is put.
(3) The
amendment described in clause (2) is the only amendment permitted to be moved
at a second reading.
(4) If the
question that the Bill be read a second time is carried, the Secretary-General
then reads the title of the Bill and the Speaker refers the Bill to—
(a) the standing committee with jurisdiction over the
subject-matter of the Bill; or
(b) if Parliament resolves, a special committee
(whether existing or established for the purpose of considering the Bill).
86 Standing
or special committee report back
Once a standing committee or special committee
has reported a Bill to Parliament in accordance with Standing Order 121 or
129(5), the Bill is set down for consideration by the Committee of the Whole
Parliament on a future sitting day.
87 Committee
of the Whole Parliament
(1) At the time
set down for Parliament to consider a Bill in committee, Parliament must
resolve itself into a Committee of the Whole Parliament for the consideration
of the Bill.
(2) Once in
committee the Secretary-General must call the clauses of the Bill in order, by
reading the number of each clause. Subject to the rest of this Standing Order,
the Speaker then puts the question on each clause. Voting shall be conducted in
accordance with Standing Order 53.
(3) Despite (2),
where—
(a)the Business Committee has decided or leave of the
Parliament has been granted; and
(b) there are no amendments proposed,
two or more
clauses can be grouped together for the purposes of efficiency and be voted
upon in a group.
(4) During the
course of consideration of the clauses,—
(a) a clause may be replaced, in which case the Speaker
calls on the member in whose name the proposed replacement clause stands and
the member moves "That clause [number] be replaced by the following
clause". After any debate, the Speaker puts the question and, if carried,
the Bill is amended accordingly without any further question;
(b) a new clause may be inserted at its proper and
logical place, in which case the Speaker calls on the member in whose name the
proposed clause stands and the member moves "That the following clause be
inserted immediately after clause [number]". After any debate, the
Speaker puts the question "That clause [number] as amended stand
part of the Bill," and, if carried, the Bill is amended accordingly
without any further question; and
(c) a clause may be amended, in which case the member
proposing the amendment is called on by the Speaker at the relevant point in
the clause. After any debate on the amendments, the Speaker puts the question "That
the proposed amendment to clause [number] be made". If any of the
amendments are carried, the Speaker puts the question "That clause [number]
as amended stand part of the Bill" and, if carried, the Bill is amended
accordingly without any further question.
(5) Any
schedules to a Bill are considered following the consideration of its clauses.
Schedules are called and may be replaced, inserted, or amended in the same
manner as the clauses.
(6) Notice of a
proposed replacement or new clause or schedule must be given not less than 24
hours before the committee sits unless leave of Parliament is given. Otherwise,
no notice of amendments to clauses is required, however, the proposed
amendments must comply with the requirements of Standing Orders 105 and 107.
(7) Replacements,
insertions and amendments to a clause or schedule proposed by a Minister must
be considered before proposals of any other members to the clause or schedule.
(8) The
Secretary-General may, as the result of any replacement, insertion, or
amendment to a clause or schedule, renumber or make any minor consequential
amendment to the Bill.
(9) Consideration
of a clause may be postponed. However, a motion for postponement may not be
moved in relation to any clause after the clause has been amended.
(10) If
consideration of the Bill is not completed in one sitting, the proceedings on
the Bill may, on motion without notice, be adjourned until a subsequent sitting
of Parliament as specified in the motion. If no such motion is made,
consideration of the Bill continues at the next sitting. On resuming
consideration of the Bill, Parliament resolves itself into committee without
the Speaker putting the question to Parliament.
(11) Once
consideration of a Bill in committee has been completed, Parliament resumes its
sitting without the Speaker putting any question to Parliament. The Secretary-General
then reports the consideration of the Bill, with or without amendment.
88 Third
reading
(1) Once
consideration of a Bill by the Committee of the Whole Parliament has been
reported to Parliament, it may, on motion, be read a third time, either
immediately or at some subsequent sitting. If the motion is carried, the
Secretary-General reads the title of the Bill and the enacting clause.
(2) A motion for
this purpose must state "That the [name of Bill] be read a third
time and do pass" and any debate is confined to the question of whether
the Bill should pass and any amendments to that question are limited to the
following—
(a) that the third reading be postponed to some
specific date in the future; or
(b) that the Bill be recommitted, either generally or
for a limited and specified purpose.
(3) Despite
clause (2), no amendments to the question of whether an appropriation Bill
should pass may be made.
89 President's
assent to Bill
(1) Once a Bill
has been passed by Parliament, the Speaker must present the Bill, certified by
the Secretary-General as being a true copy, to the President for assent.
(2) Within seven
days of receiving the Bill, the President must provide his or her assent by
signing the Bill. This copy must be kept in the archives of Parliament by the
Secretary-General in the manner directed by the Speaker.
(3) If the
President does not assent to the Bill within the seven-day period, the Bill is
taken as having been assented to on the expiry of that period. The copy
presented to the President for signature, or a copy of that copy certified by
the Secretary-General as being a true copy must be endorsed by the Speaker with
the words "taken as having been assented to on [date]" and
kept in the archives of Parliament by the Secretary-General in the manner
directed by the Speaker.
(4) The
Secretary-General must send a copy of the Bill, certified by him or her as
being a true copy of the signed or endorsed copy of the Bill, as the case may
be, to the Government Printer for the printing of the Act.
90 Withdrawal
of Bills
The member in charge of a Bill may withdraw
the Bill at any time before the Bill has been read a third time by leave of
Parliament.
Special provisions relating to Bills
91 Bill
to proceed without delay
A Bill may proceed more quickly than permitted
by Standing Orders 83 to 88 if—
(a) the member in charge of the Bill requests, by
motion under Standing Order 51, that Parliament approve consideration of the
Bill without delay; and
(b) a majority of all members vote in support of the
request.
92 Bills
out of order
(1) A Bill that
the Constitution does not allow Parliament to address is out of order, and may
not be introduced. This includes a Bill that—
(a) amends, replaces, or revokes the Limitation of
Liability for Prescribed Political Events Decree 2010;
(b) amends, replaces, or repeals Chapter 10 of the
Constitution or any provision within that Chapter or any immunity granted or
continued by that Chapter, or that has the effect of infringing or diminishing
the effect of any provision in that Chapter;
(c) repeals Part D of Chapter 12 of the Constitution
or any provision within that Part or that has the effect of infringing or
diminishing the effect of any provision in that Chapter; and
(d) repeals, infringes, or diminishes the effect of
Chapter 11 of the Constitution.
(2) A Bill that
amends a law or subordinate law described in section 173(3) of the Constitution
is out of order, and may not be introduced if the Bill—
(a) has any retrospective effect;
(b) nullifies any decision made under the law; or
(c) grants any compensation, damages, relief, remedy,
or reparation to any person affected by the law.
93 Bills
amending the Constitution
(1) Standing
Orders 83 to 89 apply to a Bill to amend the Constitution with the following
modifications—
(a) the Bill, on introduction, must be expressed as a
Bill for an Act to amend the Constitution;
(b) no less than three-quarters of all members vote in
favour of the Bill being read a second time;
(c) the Bill must be sent to and reported on by a
standing or special committee;
(d) the third reading of the Bill takes place no
earlier than 30 days after the second reading;
(e) no less than three-quarters of all members vote in
favour of the Bill being read a third time; and
(f) the Speaker notifies the President that the Bill
has been passed.
(2) In this
Standing Order, "amend" means repeal, replace, revise, or alter.
94 Private
Bill
(1) Before a
Private Bill is introduced, the member intending to introduce the Bill must—
(a) give notice of his or her intention to introduce
the Bill by publishing, in the Gazette, the general nature and
objectives of the Bill; and
(b) publish the Bill in three successive editions of
the Gazette.
(2) When giving
notice to the Secretary-General of the member's intention to introduce the
Bill, the member must also provide to the Secretary-General—
(a) a letter endorsing the Bill's introduction from
the person or persons that will be affected by, or benefit from, the Bill; and
(b) evidence that the member has satisfied the
requirements of clause (1).
95 Money
Bill
In Standing Order 96, "Bill" means a
Bill that—
(a) appropriates revenue or moneys or increases such
an appropriation;
(b) imposes a tax or increases an existing tax; or
(c) reduces the amount of any debt due to the State.
96 Cabinet
consent to enactment of certain Bills
For the purposes of section 143 of the
Constitution, the consent of Cabinet to enact a Bill is signified by the
Minister responsible for Finance—
(a) introducing the Bill; or
(b) moving or seconding an amendment to the Bill
during its passage.
97 Reinstatement
of Bills to Order Paper
(1) A Bill that
lapses due to prorogation before it has been passed may proceed in the next
session at the stage it had reached in the previous session by resolution of
Parliament restoring the Bill to the Order Paper.
(2) A Bill that
lapses before it has been passed because of the dissolution of Parliament
cannot be restored to the Order Paper in the next Parliament.
Chapter 8
Financial Procedures
98 Committee
of Supply
(1) There is
established a Committee of the Whole Parliament called the Committee of Supply.
(2) The public
is entitled to observe the committee during its deliberations.
99 Annual
budget
(1) In November
or December of each year, the Minister responsible for Finance must present to
Parliament a Bill for the next calendar year (or other 12-month period as
Parliament may prescribe) that contains the information required under section
144(1) of the Constitution.
(2) The Bill, to
be known as the Appropriation Bill, must be accompanied by a document, to be
known as the Estimates, being the details of the appropriation amounts
contained in the Bill. The Estimates must be circulated to all members
immediately after the Bill is introduced.
(3) Parliament
is then adjourned until a date and time fixed by the Speaker at which time the
Bill is read a second time and, without any question being put, the Bill and
the Estimates stand referred to the Committee of Supply. The date and time as
fixed must be at least six days after the adjournment and notice of the second
reading must be given at least two days before that date.
100 Procedure
on Estimates during Committee of Supply
(1) Once
Parliament is in the Committee of Supply, the Speaker orders the
Secretary-General to call each head of the Estimates in turn, at which time
debate may take place on any matter related to the head.
(2) An amendment
to the head, or subhead or item under the head, may be moved without notice during
the course of the debate but only the following forms of amendment are in
order—
(a) "That head [name of head] be increased
by $[amount] in respect of [name of subhead or item]";
(b) "That head [name of head] be decreased
by $[amount] in respect of [name of subhead or item]"; or
(c) "That [name of subhead or item] be
left out of head [name of head]".
(3) If more than
one amendment is moved to the same head, subhead, or item, an amendment for an
increase of any sum takes precedence over an amendment for its reduction, and
an amendment for a greater reduction takes precedence over an amendment for a
lesser reduction.
(4) Debate on an
amendment is confined to the head, subhead or item to which the amendment
refers.
(5) When no
further members wish to speak on a head, subhead, or item, the Speaker puts the
question upon any amendment that may have been proposed.
(6) At the
conclusion of all proceedings in relation to a head, the Speaker puts the
question—
(a) if no amendments, "That the amount of head [name
of head] be approved";
(b) if one or more amendments have been made, "That
the amount of head [name of head] as amended, be approved".
(7) After all
questions with regard to a head have been decided, the Secretary-General calls
the next head.
(8) During this
debate, the Committee of Supply considers the appropriations as set out in the
Estimates sought by the Government for each Vote in the Appropriation Bill. As
each Vote is reached, the question is proposed that the Vote stand part. A
motion may be moved to change a Vote. Such a motion must specify the
appropriation or appropriations within the Vote that it proposes to alter.
101 Procedure
on Appropriation Bill during Committee of Supply
(1) At the end
of the procedure for the debate on the Estimates, the Committee of Supply
immediately proceeds with consideration of the Appropriation Bill. Questions on
the schedules are put before questions on the clauses, and no amendment may be
moved to a schedule or clause unless—
(a) it is consequential to an amendment made to an
amount of any head during the consideration of the Estimates; and
(b) it is moved by the Minister responsible for
Finance.
(2) When the
question on the last amendment to a schedule or clause has been disposed of,
the Speaker puts the question "That [schedule number/clause number],
as amended, stand part of the Bill". If there are no amendments on a
schedule or clause, the Speaker puts the question "That [schedule
number/clause number] stand part of the Bill".
(3) Every
question put under clauses (1) and (2) is decided without debate.
(4) Once the
question on each schedule and clause of the Bill has been decided, the Bill (or
the Bill as amended) is reported to Parliament and a motion for the third
reading (which is not required to be seconded) is then proposed by the Minister
responsible for Finance and decided immediately without amendment or debate.
102 Supplementary
Estimates
(1) This
Standing Order applies if the Minister responsible for Finance introduces to
Parliament a Bill to provide for expenditure not already provided for by the
Appropriation Bill for that 12-month period.
(2) The Bill, to
be known as the Supplementary Appropriation Bill, must be accompanied by a
document, to be known as the Supplementary Estimates, being the details of the
appropriation amounts contained in the Bill. The Supplementary Estimates must
be circulated to all members immediately after the Bill is introduced.
(3) Parliament
is then adjourned until a date and time fixed by the Speaker at which the Bill
is read a second time and, without any question being put, the Bill and the
supplementary estimates stand referred to the Committee of Supply. The date and
time as fixed must be at least six days after the adjournment and notice of the
second reading must be given at least two days before that date.
(4) Once
Parliament is in the Committee of Supply, the Supplementary Estimates must be
considered in accordance with the procedure set out in Standing Order 100.
(5) At the end
of the procedure for the debate, the Supplementary Appropriation Bill must be
dealt with in accordance with the procedure set out in Standing Order 101.
103 Auditor-General's
Report
The Minister responsible for Finance must lay
the Auditor-General's report before Parliament in accordance with section
152(14) of the Constitution.
Chapter 9
Amendments to Motions and Bills
104 Amendments
generally
(1) A member who
has risen to speak to a question proposed by the Speaker may, without notice,
move an amendment to the motion if the amendment is relevant and not
substantially the same as an amendment moved by another member. The relevance
of an amendment or its correspondence to another is decided by the Speaker.
(2) Every
amendment must be seconded other than an amendment to a clause or schedule of a
Bill proposed in a Committee of the Whole Parliament.
(3) An amendment
to a question is put before the original question is put and an amendment to a
proposed amendment is considered as if the proposed amendment were an original
motion.
(4) The Speaker
may refuse to propose an amendment that, in the Speaker's opinion, is
unintelligible, irrelevant, frivolous, or scandalous, or is otherwise out of
order or not in accordance with these Standing Orders.
105 Amendments
to motions
(1) An amendment
to a motion must take one of the following forms—
(a) to leave out one or more of the words of the
motion;
(b) to insert one or more words in the motion;
(c) to add one or more words at the end of the motion;
(d) to leave out one or more words of the motion and
insert one or more words instead; or
(e) to leave out one or more words at the end of the
motion and to add one or more words instead.
(2) If directed
by the Speaker, the mover of an amendment to a motion must put it in writing and
pass it to the Speaker.
(3) The question
the Speaker proposes on an amendment to a motion is "That the amendment be
made".
(4) If two or
more amendments are proposed to be moved to the same motion, the Speaker calls
on the movers in the order in which their amendments relate to the text of the
motion or, in case of doubt or overlap, in the order decided by the Speaker.
106 Amendments
to amendments to motions
(1) An amendment
to an amendment that any member wishes to move may be moved at any time after the
question on the original amendment has been proposed and before the question
has been put on that original amendment.
(2) An amendment
to an amendment must take one of the forms set out in Standing Order 105 and be
disposed of in the same way as an amendment to a motion.
(3) Once every
amendment to an amendment has been disposed of, the Speaker again proposes the
original amendment, or proposes the original amendment as amended, as the case
may be.
107 Amendments
to Bills
(1) Amendments
to Bills must comply with the following rules—
(a) an amendment must be in writing;
(b) an amendment must be relevant to the
subject-matter of the Bill and to the subject-matter of the clause to which the
amendment relates;
(c) an amendment must not be inconsistent with any
prior decision of the Committee of the Whole Parliament;
(d) an amendment must not be such as to make the
clause which it proposes to amend unintelligible or ungrammatical; and
(e) if an amendment refers to a subsequent schedule,
or is not intelligible without a subsequent amendment or schedule, then if the
Speaker directs, notice of the subsequent amendment or schedule must be given
when the first amendment is moved so as members are able to make sense of the
proposed series of amendments.
(2) If an
amendment proposes to omit the entire substance of a clause, the amendment is
out of order. The proper course is to vote against the clause or use the
procedure available under Standing Order 87(2)(a).
108 Withdrawal
of amendments
(1) An amendment
may be withdrawn at the request of the mover by leave of Parliament.
(2) If an
amendment has been proposed to a question, the original motion cannot be
withdrawn until the amendment has been disposed of whether by being agreed to,
defeated, or withdrawn.
(3) If an
amendment to an amendment has been proposed, the original amendment cannot be
withdrawn until the amendment to the amendment has been disposed of whether by
being agreed to, defeated, or withdrawn.
Chapter 10
Committees
Standing Committees
109 Standing
Committees
(1) There shall
be six standing committees of Parliament established after a general election
pursuant to section 70 of the Constitution.
(2) The six
standing committees and their respective mandates are as follows—
(a) Standing Committee on Economic Affairs – including
matters related to economic development, finance, banking and taxation;
(b) Standing Committee on Social Affairs – including
matters related to health, education, social services, labour, culture and
media;
(c) Standing Committee on Natural Resources –
including matters related to forestry, agriculture, mining, environment,
fisheries, water and marine services;
(d) Standing Committee on Public Accounts – including
examining the accounts of the Government of the Republic of Fiji in respect of
each financial year and reports of the Auditor-General, and for any other
matter relating to the expenditures of the Government of the Republic of Fiji
or any related body or activity (whether directly or indirectly) that the committee
sees fit to review;
(e) Standing Committee on Foreign Affairs and Defence
– including matters related to Fiji's relations with other countries,
development aid, foreign direct investment, oversight of the military and
relations with multi-lateral organisations; and
(f) Standing Committee on Justice, Law and Human
Rights – including matters related to crime, civil rights, courts and their
administration, the Constitution, policing and human rights.
(3) Where there
is a dispute with regard to which standing committee shall have jurisdiction
over a matter before Parliament, the Speaker, in consultation with the Business
Committee, shall determine to which committee to assign the matter.
110 Functions
of standing committee
(1) A standing
committee must—
(a) examine each Bill referred to the committee by
Parliament, and make amendments to the Bills, to the extent agreed by the
committee;
(b) examine any subordinate legislation tabled in
Parliament within its category of affairs;
(c) scrutinise the government departments with
responsibility within the committee's subject area, including by investigating,
inquiring into, and making recommendations relating to any aspect of such a
department's administration, legislation or proposed legislative program,
budget, rationalisation, restructuring, functioning, organisation, structure
and policy formulation;
(d) consider petitions and papers referred to the
committee in accordance with Standing Orders 37 and 38;
(e) review international treaties and conventions
ratified by the Government and monitor their implementation; and
(f) perform any other functions and duties as are
conferred on the committee by these Standing Orders or by resolution of
Parliament.
(2) Where a
committee conducts an activity listed in clause (1), the committee shall ensure
that full consideration will be given to the principle of gender equality so as
to ensure all matters are considered with regard to the impact and benefit on
both men and women equally.
111 Access
to standing committee meetings
(1) Standing
committees must—
(a) ensure all meetings are open to the public and the
media;
(b) in order to encourage public access to committee
meetings, provide notification of its meetings through the media, websites
accessible to the public, advertisements and other means of promotion; and
(c) unless otherwise directed by Parliament, provide
sufficient time, notification and an adequate opportunity for public
representations and input into its activities prior to finalising its report
and recommendations.
(2) Despite
clause (1)(a) and (b) and in accordance with section 72(2) of the Constitution,
a committee may, after consultation with the Speaker, conduct a meeting that is
closed to the public and media where the committee is considering a matter
related to—
(a) National security;
(b) Third party confidential information;
(c) Personnel or human resources; or
(d) Deliberations and discussions conducted in the
development and finalisation of committee recommendations and reports.
112 Powers
of standing committees
(1) For the
purposes of performing its functions and subject to section 74 of the
Constitution and any other written law governing Parliament, a standing
committee has the power to—
(a) summon any person to appear before it to give
evidence or provide information;
(b) compel the production of documents or other
materials or information as required for its proceedings and deliberations;
(c) determine if it will accept oral or written
evidence;
(d) determine the extent, nature and form of its
proceedings;
(e) conduct its proceedings or any aspect of its work
at any venue it deems to be most suitable, including, where Parliament is not
sitting, a venue beyond the precincts of Parliament;
(f) appoint sub-committees in accordance with Standing
Order 122;
(g) consult and liaise with any government department
falling within its category of affairs;
(h) in accordance with section 91(3) of the
Constitution, compel the attendance of a Minister to testify or to produce documents
or other materials; and
(i) exercise such other powers as may be prescribed or
assigned to it by the Constitution, any law, these Standing Orders or a
resolution of Parliament.
(2) For the
purposes of clause (1)(a) and (b), a standing committee has the same powers as
those of the High Court.
113 Duration
of standing committees
A standing committee continues until the
dissolution of Parliament and its business shall not end where Parliament is
prorogued.
114 Composition
of standing committees
(1) Unless
Parliament directs otherwise, a standing committee consists of the number of
members as agreed between the Speaker and the Business Committee, but in any
event being no fewer than five and no more than seven members.
(2) A Minister
shall not be a member of a standing committee.
(3) For purposes
of (2), "Minister" does not include an Assistant Minister.
(4) Each party
is, as far as possible, entitled to be represented on each standing committee
in a way that fairly reflects that party's representation in Parliament.
115 Appointment
of members of standing committees
(1) The members
of a standing committee are appointed by the Speaker for the duration of the
Parliament.
(2) Where there
is a vacancy in the membership of a standing committee, the Speaker shall fill
that vacancy as soon as possible.
(3) Prior to
determining the membership of a standing committee in clauses (1) and (2), the
Speaker shall consult the whip of each party.
(4) The names of
members that have been appointed to a standing committee shall be published in
the Minutes of Proceedings as soon as possible.
(5) Where a
member of a standing committee or the whip of a party satisfy the chairperson
of the committee that the member will be unable to attend a meeting or meetings
of the committee as a result of circumstances beyond the control of the member,
the chairperson may agree to allow an alternative member from the same party to
serve on the committee during the absence of the member.
116 First
meeting of a standing committee
(1) The
Secretary-General must convene the first meeting of each standing committee—
(a) not later than five sitting days from the date on
which the names of the committee members are published in the Minutes of
Proceedings, if Parliament is sitting or is in a sitting period; and
(b) not later than 30 days from the date on which the
names of the committee members are published in the Minutes of Proceedings, if
Parliament is not in session.
(2) The
Secretary-General must notify members of the committee, and the whip of each
party, of the first meeting at least—
(a) one day before the date convened for the meeting,
if Parliament is in session; and
(b) 14 days before the date convened for the meeting,
if Parliament is not in session.
117 Chairperson
of a standing committee
(1) At the first
meeting of each standing committee, the members must elect a chairperson and a
deputy chairperson from amongst themselves.
(2) However,—
(a) the Standing Committee on Public Accounts may only
elect an opposition member as chairperson; and
(b) all committees may elect a member as deputy
chairperson only if the member is from a party other than that to which the
chairperson belongs.
(3) Subject to
any decisions and directions of the standing committee, the chairperson has the
authority to—
(a) convene meetings of the committees;
(b) preside at meetings of the committee;
(c) exercise such powers or perform such functions,
tasks and duties as may be conferred upon or assigned to the chairperson by
resolution of the committee and in compliance with these Standing Orders and
the Constitution; and
(d) exercise any powers and perform any functions or
duties conferred by these Standing Orders or a resolution of Parliament,
including ensuring that the committee complies with Standing Orders 110(2) and
111.
(4) If the
Chairperson is absent or unable to perform the duties listed in clause (2), the
Deputy Chairperson shall perform the functions, tasks and duties of the
Chairperson until the Chairperson is no longer absent.
118 Quorum
and voting at meetings
(1) A majority
of the members of a standing committee shall constitute a quorum.
(2) Where a
standing committee does not have a quorum—
(a) no vote shall be conducted or question determined;
and
(b) the Chairperson shall—
(i) suspend business until a quorum is present; or
(ii) adjourn the meeting.
(3) A resolution
of a standing committee shall enjoy the support of the majority of the members
present and voting.
(4) The
chairperson or, if presiding, the deputy chairperson does have a deliberative
vote but does not have an additional casting vote and must not be counted for
the purposes of determining whether a majority of members are present.
(5) If there is
an equality of votes on a question, the question is deemed to be lost.
(6) Where a vote
is necessary, the chairperson must invite the members to agree on the motion or
amendment and, if—
(a) no member objects, the motion or amendment is
deemed agreed by the committee; or
(b) any member objects, a vote must be taken by a show
of hands and, when any member of the committee requests that the vote be
recorded, the names of those voting (including those recording an abstention)
must be recorded in the minutes of the committee's proceedings.
119 Evidence and procedure
(1) Each
standing committee must keep its own minutes, including details of any voting
that takes place on any item of business.
(2) If the
committee is required to report to Parliament on any item of business, the
minutes of the committee in relation to that item must be included with the
report of the committee to Parliament.
(3) Oral
evidence before a standing committee must be recorded verbatim.
(4) All persons
whose individual rights or interests are affected by a matter before a standing
committee must have the right to provide a representation before the committee
either in person or by way of counsel, in a manner that is determined by the
committee.
(5) Where the
standing committee determines, payments may be provided to professionals or
other witnesses that the committee deems necessary to employ in the furtherance
of its inquiry.
(6) A standing
committee to which a Bill has been referred must consider the Bill in the same
manner as the Committee of the Whole Parliament on Bills under Standing Order
87 and that Standing Order applies accordingly with any necessary
modifications.
(7) For greater
clarity—
(a) a standing committee to which a Bill has been
referred may amend the Bill and, where amendments have been made, its report to
Parliament shall include an amended version of the Bill that will be tabled in
Parliament for further deliberation; and
(b) where a standing committee is considering its
report to Parliament, the committee must—
(i) make a strong effort to achieve a consensus on all
the content of the report; and
(ii) where a consensus cannot be achieved, ensure there is a vote with
regard to each paragraph of the report or clause of the Bill and such votes
must be recorded in the minuets of the committee.
120 Charge
against member
In accordance with any written law governing
Parliament, where any information charging a member comes before a standing
committee, the committee must—
(a) not proceed upon such information; and
(b) must report such information to Parliament.
121 Presentation
of reports
(1) A standing
committee must report—
(a) on a Bill referred to the committee not later than
30 days after the referral, unless Parliament, by resolution, directs otherwise
or extends the 30-day period; and
(b) in relation to any other matter referred to or
initiated by the committee, as soon as it has completed its considerations and
deliberations.
(3) A standing
committee shall not present a minority report.
(4) A report of
a standing committee must—
(a) be tabled in Parliament by the Chairperson or some
other member as delegated by the Chairperson;
(b) remain in the custody of the Secretary-General;
and
(c) be made available for members to access in
accordance with Standing Order 15(3)(f).
(5) Where a
report of a standing committee—
(a) is not related to a Bill; and
(b) has been tabled in Parliament,
the member tabling the report must move a
motion, without notice, to initiate a debate on the contents of the report at a
future sitting.
(6) Where the
motion noted in clause (5) is adopted,—
(a) the report of the standing committee shall be
delivered to the relevant government department by the Secretary-General within
14 days; and
(b) the Minister responsible for the relevant
government department must table a substantive response to the standing
committee's report within 60 days of receiving the report.
122 Subcommittees
(1) A standing
committee may, by resolution, appoint a subcommittee if the committee considers
that a subcommittee will enable the committee to carry out one or more of the
committee's functions, duties, and powers.
(2) The
resolution appointing a subcommittee must—
(a) appoint the members of the subcommittee from the
members of the committee;
(b) appoint a member of the subcommittee as the
chairperson;
(c) state the extent, nature, and form of the
subcommittee's assignment and the reporting requirements to the committee; and
(d) state the period within which the subcommittee
must complete its assignment.
(3) The
resolution appointing a subcommittee may assign—
(a) any power or function of the standing committee to
the subcommittee; and
(b) any matter which falls within the standing
committee's jurisdiction to the subcommittee.
(4) A
subcommittee continues in existence until it has completed its assignment or
has reached the deadline set in the resolution creating the subcommittee.
(5) Subject to
the Constitution, these Standing Orders, a resolution of Parliament and the
standing committee resolution that created the subcommittee, a subcommittee may
determine its own procedures.
Select Committees
123 Select
Committees
(1) The
following select committees are automatically convened after each general
election for the purposes of managing the business of Parliament—
(a) Business Committee;
(b) House Committee;
(c) Privileges Committee; and
(d) Standing Orders Committee.
(2) The select
committees in clause (1) remain convened until the dissolution of Parliament.
(3) Standing
Order 118 applies to all select committees.
(4) Standing
Order 124 applies to the Business Committee.
(5) Standing
Order 126 applies to the House Committee.
(6) Standing
Order 127 applies to the Privileges Committee.
(7) Standing
Order 128 applies to the Standing Orders Committee.
(8) Otherwise, a
select committee may determine its own procedures.
124 Business
Committee
(1) The Business
Committee comprises the following members—
(a) the Speaker, who is the chairperson of the
committee;
(b) the Prime Minister;
(c) the Leader of the Opposition;
(d) the Leader of any other party; and
(e) up to five other members jointly appointed by the
Prime Minister and the Leader of the Opposition, provided that the total
membership of the committee, excluding the chairperson, is at all times an
equal number of government members and opposition members.
(2) If the
Speaker is unable to act as the chairperson of the committee, the Deputy
Speaker must act as the chairperson of the committee for so long as the
chairperson is unable to do so.
(3) If the Prime
Minister, the Leader of the Opposition or the Leader of any other party is
unable to attend a meeting of the committee, another member may be designated
as their delegate.
(4) The Business
Committee may—
(a) determine the business for each sitting day and
the order in which that business will be called and, for this purpose, may
determine—
(i) whether the normal order of business as set out in
Standing Order 34(1) is to be amended for any particular sitting day;
(ii) the time to be spent on an item of business,
including how that time is to be allocated among the parties represented in
Parliament and the speaking times of individual members; and
(iii) that any two or more items of business may be
taken together for the purposes of debate; and
(b) perform or exercise any other functions, duties,
or powers conferred on the committee by these Standing Orders or by resolution
of Parliament.
(5) The powers
of the Business Committee do not limit or affect the powers of the Speaker and
Parliament to determine which matters may properly be introduced, debated, and
resolved in Parliament.
125 Decisions
of Committee
(1) The Business
Committee must make decisions on the basis of unanimity, or if not possible,
near-unanimity, being agreement reached by those members who represent the
overwhelming majority of members of Parliament.
(2) The Speaker
is the judge of whether unanimity is not possible and, if this is the case,
whether a sufficient degree of near-unanimity has been reached for there to be
an effective determination by the committee. However, before doing so, the
Speaker must be satisfied that, having regard to the party membership in
Parliament, the proposed determination is fair to all parties and does not
discriminate against or oppress a minority party or minority parties.
(3) A
determination of the Business Committee takes effect when it is notified in
writing to all members of Parliament. A determination must be published and
circulated on the Order Paper before any sitting of Parliament at which it is
to apply.
126 House
Committee
(1) The House
Committee shall consist of the following members—
(a) the Speaker, who shall be the Chairperson of the
Committee;
(b) the Deputy Speaker;
(c) a Minister designated by the Prime Minister;
(d) a Member designated by the Leader of the
Opposition; and
(e) not more than two other Members appointed by the
Speaker.
(2) If the
Speaker is unable to act as the Chairperson of the House Committee, for any
reason, the Deputy Speaker shall act as Chairperson of the Committee.
(3) The mandate
of the House Committee is to—
(a) consider the welfare and the provision of
amenities for Members;
(b) provide oversight and management of the parliamentary
service, in accordance with any laws established;
(c) report to Parliament at least once every calendar
year; and
(d) perform any other related duties as may be
assigned to it by Parliament.
127 Privileges
Committee
(1) The
Privileges Committee comprises the following members—
(a) the Deputy Speaker, who is the Chairperson of the
committee; and
(b) five members appointed by the Speaker in
consultation with the Prime Minister and the Leader of the Opposition.
(2) The mandate
of the Committee is to—
(a) bring to the attention of Parliament any breach of
the privileges of Parliament committed by any person;
(c) inquire into any complaint that may be referred to
it by Parliament or Speaker concerning any breach of privilege on the part of
any person or persons; and
(d) provide reports and recommendations to Parliament
as a result of any matter referred to it.
(3) For the
purposes of performing its functions and duties, the Privileges Committee may
summon any person to appear before the committee to give evidence or provide
information, and, for these purposes, the committee has the same powers as the
High Court to—
(a) enforce the attendance of witnesses and examine
them on oath, affirmation, or otherwise; and
(b) compel the production of documents or other
material or information as required for performing the function or duty
concerned.
128 Standing
Orders Committee
(1) The Standing
Orders Committee shall consist of the following members—
(a) Speaker, who shall be the Chairperson of the
Committee;
(b) Leader of the Government in Parliament; and
(c) Whip of each party.
(2) Immediately
following the first sitting of Parliament after each election, the Standing
Orders Committee shall be automatically convened to—
(a) review the Standing Orders; and
(b) report to Parliament within 14 sitting days with
recommended amendments to the Standing Orders, if any, in which case, on the
third sitting day after the tabling of the report, the Speaker must put the
question "That the amendments recommended by the Standing Orders Committee
in [name of report] be adopted by Parliament".
(3) Despite
clause (2), it is the ongoing duty of the committee to consider and review the
practices and procedures of Parliament and to make recommendations for their
improvement or change or for the development of new practices and procedures.
Special committees
129 Special
Committees
(1) A special
committee may be established by resolution of Parliament to carry out the
assignment specified in the resolution.
(2) A special
committee continues in existence until—
(a) it completes its assignment; or
(3) Members of a
special committee must be appointed as part of the resolution of Parliament
that establishes the committee.
(4) A special
committee has—
(a) the powers of a standing committee conferred by
these Standing Orders; and
(b) any other powers specified in the resolution of
Parliament that establishes the committee.
(5) Standing
Orders 111 and 118 to 122 apply to a special committee subject to any necessary
modifications and the resolution of Parliament that establishes the committee.
Chapter 11
Miscellaneous
130 Approval
of international treaties and conventions
(1) This
Standing Order provides the process by which the Parliament approves an
international treaty for the purposes of section 51 of the Constitution.
(2) The Minister
responsible for Foreign Affairs must give notice of a motion for the Foreign
Affairs Standing Committee to review the treaty. The notice must be accompanied
by a—
(a) copy of the treaty; and
(b) written analysis that includes the following
information—
(i) a summary of the treaty;
(ii) the requirements for its implementation within a
signatory State; and
(iii) a statement of the impact of the treaty on Fiji.
(3) At the time
appointed under Standing Order 34 for motions for which notice has been given,
the Speaker must, without debate, refer the treaty or convention and the
analysis to the Foreign Affairs Standing Committee for consideration and
review, and the Committee may table a report in Parliament not later than 30
days after the treaty has been referred to it.
(4) The Minister
responsible for Foreign Affairs must give notice of a motion that the treaty be
approved by Parliament once any report is tabled or, if the Committee has not
tabled a report within the required 30-day period, at the expiry of that
period.
(5) The motion
passes if it is supported by a majority of all members, and, if so, the Speaker
must give written notice to the President of that fact.
(6) In this
Standing Order, "treaty"—
(a) means a treaty, convention, or other bilateral or
multi-lateral agreement signed by the Government of Fiji that binds the
Government of Fiji to meet certain standards or to implement a particular legal
or policy framework; and
(b) includes any schedules, appendices, or other
attachments to the agreement.
131 Government
guarantees and loans
(1) For the
purposes of section 145(1) of the Constitution, the Parliament authorises the
giving of a guarantee by the Government by a majority of all members, voting in
favour of a motion that the Government act as guarantor to the person named in
the motion.
(2) Where
directed by resolution of Parliament, the Minister responsible for Finance must
present to the Parliament information concerning any particular loan or
guarantee given by the Government, including all information necessary to show—
(a) the extent of the total indebtedness of the
Government by way of principal and accumulated interest (actual or potential);
(b) the use made or to be made of the proceeds of the
loan or the purpose of the guarantee; and
(c) if a loan, the provisions made for servicing or
repayment of the loan and the progress made in the repayment of it.
(3) A motion for
the purposes of clause (2) is debatable and may be passed by a majority of
members present and voting in favour, unless the conditions prescribed in
accordance with section 145(1) of the Constitution provide otherwise.
132 Confirmation
of declaration of emergency powers
(1) If an
emergency declaration is made when Parliament is sitting, the Prime Minister
must, within 24 hours of making the declaration, refer the declaration to
Parliament for confirmation.
(2) If the
declaration is made when Parliament is between sitting periods or is not in
session, the Speaker must, within 48 hours of the Prime Minister making the
declaration, seek confirmation of the declaration from the members through such
measures of communication as necessary.
(3) If a
majority of all members confirm the declaration then it continues for a period
of one month from the date of its confirmation, and may be renewed by a further
vote in Parliament.
(4) If a
majority of all members do not confirm the declaration, then the declaration
and any actions taken under it are deemed to be of no effect.
(5) In this Standing Order, "emergency
declaration" or "declaration" means a declaration of a state of
emergency in Fiji, or in part of Fiji, made by the Prime Minister in accordance
with section 154(1) of the Constitution.
133 Privilege
(1) Every
member, and any other person speaking in Parliament, has—
(a) freedom of speech and debate in Parliament,
subject to these Standing Orders; and
(b) parliamentary privilege and immunity in respect of
anything said in Parliament, to the extent provided by any written law
governing Parliament.
(2) Parliament
has the power to summon any person to appear before it for the purpose of
giving evidence or providing information and, for this purpose, has the same
powers as the High Court to—
(a) enforce the attendance of witnesses and examine
them on oath, affirmation or otherwise; and
(b) compel the production of documents or other
materials or information as required for its proceedings.
134 Raising
matters of privilege
(1) At the time
appointed under Standing Order 34, a member who wishes to raise a matter of
privilege must do so as soon as possible after the matter has come to the
member's attention and must inform the Speaker of the nature of the matter at
least one hour before the beginning of the sitting at which the member proposes
to raise the matter.
(2) A member
called upon by the Speaker to raise a matter of privilege must state briefly
the facts that the member wishes to draw to Parliament's attention and the
resulting grounds on which the member believes there has been a breach of the
privileges of Parliament or a member. The Speaker must then decide (either
immediately or after deferring the decision to a sitting day as soon as
practicable after that sitting day) whether—
(a) there has been a prima facie breach of
privilege, in which case the matter must be referred to the Privileges
Committee for consideration;
(b) there is a breach of privilege, in which case the
member who raised the matter or any other member, may move a motion, without
notice, based on the matter of privilege and the motion is debated immediately;
or
(c) there has been no breach of privilege, in which
case the member must resume his or her seat.
(3) The Speaker
may interrupt the business of Parliament during a sitting, except during a
vote, if a matter of privilege that requires immediate attention arises. Any
member may then move, without notice or a seconder, a motion based on the
matter of privilege, and the motion is debated immediately. If such a matter
arises during a vote, the vote must be completed before the Speaker may
interrupt and a motion is moved.
135 Election
of Prime Minister when office vacant (otherwise than after general election)
(1) This
Standing Order applies when a vacancy arises in the office of the Prime
Minister under section 93(4) of the Constitution.
(2) The Speaker
must immediately convene Parliament and call for nominations from members for
the office of the Prime Minister. If only one person is nominated, and
seconded, then that person assumes office as the Prime Minister by taking before
the President the oath or affirmation of allegiance and office (which the
President must administer). Otherwise Parliament must elect a Prime Minister in
the same manner as set out in Standing Orders 13(2) to 13(9).
136 Conduct
of ballot to appoint President when vacancy in office
(1) This
Standing Order applies when a vacancy arises in the office of the President.
(2) The Prime
Minister and the Leader of the Opposition must nominate one name each to the
Speaker as a candidate for appointment. If the Prime Minister and the Leader of
the Opposition nominate the same person, the Speaker must announce that person
as being appointed as President. Otherwise the rest of this Standing Order
applies.
(3) An officer
of Parliament must give to each member a ballot paper on which the member may
write the name of the person proposed for whom the member wishes to vote and
then fold the paper so that the name written on it cannot be seen by any other
person.
(4) An officer
of Parliament must collect the ballot papers for counting at the Table by the
Secretary-General. A member on behalf of the Prime Minister and a member on
behalf of the Leader of the Opposition may act as scrutineers and observe the
count at the Table.
(5) The Speaker
announces the name of the person appointed as President, being the person
receiving the votes of more than half of all members.
(6) If both
nominees receive the same number of votes, or neither nominee receives more
than half the votes of all members, the Speaker must conduct another ballot 24
hours later in the same manner. If a further tie results, or neither nominee
again receives more than half the votes of all members, the Speaker must
continue to conduct further ballots, at 24-hour intervals, until such time as
one of the nominees receives a majority of all members' votes, provided however
that if after 3 rounds of voting neither nominee receives a majority of all
members' votes, then the person nominated by the Prime Minister must be
announced by the Speaker as being appointed as the President of Fiji.
(7) At the
conclusion of each ballot, the Secretary-General, in the presence of any
scrutineers, must destroy the ballot papers.
(8) As soon as
practicable after a President is announced under this Standing Order, the
Speaker must notify the person's appointment by notice in the Gazette.
137 Replacement
of Leader of the Opposition or vacancy in Leader of the Opposition office
(1) If a
majority of members consider that the Leader of the Opposition should no longer
hold that position, those members may give written notice to the Speaker of
their view.
(2) If the
Speaker is satisfied that a notice given under clause (1) is representative of
the majority of members, or the office of the Leader of the Opposition is
vacant, the Speaker must hold an election for the purposes of declaring a new
Leader of the Opposition. The election must be held in accordance with the
procedure set out in Standing Order 14(3) to 14(13).
138 Application
of Standing Orders if no Leader of the Opposition
If there is no Leader of the Opposition, any
provision of these Standing Orders in relation to which the Leader of the
Opposition may exercise a power or is required to perform a function or duty
must be read without reference to the Leader of the Opposition and the
provision then applies with any necessary modifications.
139 Prime
Minister must table President's notice of resignation
If the President resigns in accordance with
section 87 of the Constitution, the Prime Minister must table in Parliament the
President's notice of resignation.
140 Removal
of President
(1) The Prime
Minister must table any report referred to him or her by the Chief Justice
under section 89(3) of the Constitution (being a report of a tribunal or
medical board established to investigate whether the President should be
removed from office for inability to perform the functions of the office). At
the same time, the Prime Minister must move a motion without notice that
Parliament resolve to adopt the recommendations in the report as to whether the
President should be removed from office. No seconder is required for the
motion.
(2) The motion,
with debate, must take precedence over all other motions and, in accordance
with section 89(4) of the Constitution, Parliament must resolve the motion in
the affirmative.
141 Speaker's
permission for absences
(1) A member
obtains the permission of the Speaker to be absent from Parliament by making a
written request to the Speaker. If the Speaker does not respond to the request,
the member must be treated, for the purposes of section 63(1)(f) of the
Constitution, as having obtained the permission of the Speaker.
(2) Where a
member has been suspended pursuant to clause 76, the member is deemed to be
absent from Parliament with the permission of the Speaker for purposes of
section 63(1)(f) of the Constitution.
(3) For the
purposes of this clause and the interpretation of section 63(1)(f) of the
Constitution, "meeting" means a sitting period.
142 Notices
to Speaker relating to member vacancies
A notice given to the Speaker for the purposes
of section 63(2), 63(3), or 63(4) of the Constitution must not be treated as
having been received by the Speaker until the Speaker has confirmed, to his or
her satisfaction, that the contents of the notice is accurate.
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