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Vanuatu - Standing Orders of Parliament |
ARRANGEMENT
OF SECTIONS
2.
Notice of first sitting of Parliament.
3. Procedure at first sitting of Parliament.
4. Election of Speaker.
5. Procedure when office of Speaker becomes vacant.
6. Deputy Speaker.
7. Roll of Members of Parliament.
8. Election of Prime Minister.
9. Procedure when office of Prime Minister becomes vacant.
PART
II – OFFICERS OF PARLIAMENT
10.
Powers and duties of Speaker.
11. Office of Clerk.
12.
Ordinary sessions.
13. Presidential address.
14. Extraordinary sessions.
15. Days of sittings.
16. Hours of sitting.
PART
IV - BUSINESS OF PARLIAMENT
17.
Orders of business at a sitting.
18. Confirmation of minutes.
19. Statements by Ministers.
20. Tabling of documents.
21. Urgent debate.
22. Speaker to be informed.
23. Order of business during a week.
25. Government Bills.
26. Procedure on Introduction of a Bill.
27. Stages of a Bill.
28. First Reading.
29. Committee stage.
30. Second reading.
31. Amendment to a Bill.
PART
VI – QUESTIONS, MOTIONS, GENERAL DEBATE AND STATEMENTS
32.
Written questions.
33. Oral questions.
34. Contents of questions.
35. Written motions.
36. Statements by Members.
37. General debate.
PART
VII - DEBATES IN PARLIAMENT
38.
Quorum.
39. Conduct of debate.
40. Order in Parliament.
41. Closure of debate.
42. Point of order.
43. Matters of privilege.
44. Voting.
45. Decision of Speaker.
46. Motions to suspend Standing Orders.
PART
VIII – COMMITTEE OF PARLIAMENT
47.
Committee of the whole House.
48. Ad hoc committee.
49. Standing committee.
PART
IX – FINANCIAL PROCEDURE
50.
Annual Appropriation Bill.
51. Financila Bills or motions.
PART
X - MISCELLANEOUS MATTERS
52.
Members.
53. Visitors.
54. Repeal.
55. Commencement.
1.
In this Standing Orders, unless the context otherwise
requires:
"Clerk"
means the Clerk of Parliament and including
Acting Clerk;
"Meeting"
means any sitting or series of sittings
during which Parliament is sitting without adjournment during the same
session;
"Member"
means a member of Parliament of Vanuatu;
"Minister"
means any Minister appointed under
Article 40 of the Constitution and includes the Prime Minister;
"Sitting"
means a day or part of a day during which
Parliament is sitting and includes any period during which Parliament
is in
committee of the whole House;
"Speaker"
includes a Deputy Speaker or any Member
acting as Speaker.
PART I – FIRST SITTING OF PARLIAMENT
Notice of First sitting of Parliament
2.
Not later than twenty one (21) days after a general
election, the Clerk shall send to each Member a notice stating that the
first
sitting of Parliament will be held at the place and time specified
therein. The
notice shall be given not less than ten (10) days before the date of
the first sitting.
Procedure at First sitting of Parliament
3.
(1) At the first sitting of Parliament after a general
election, the Clerk shall read the notice sent under Standing Order 12.
(2)
Parliament shall then elect a Speaker and one or more
Deputy Speaker in the manner provided by Standing Order 4.
(3)
After their election the Speaker and any Deputy Speaker
shall sign the Roll of Members of Parliament and all Members present
shall also
sign in the manner provided by Standing Order 7.
(4)
When all the members present have signed the Roll of
Members, Parliament shall then elect a Prime Minister in the manner
provided by
Standing Order 8.
4.
(1) When a quorum is present, the election of a Speaker
shall take place in the manner given in the following paragraph.
(2)
The Senior Member of Parliament shall preside over the
debate for the election of Speaker.
(3)
A Member, addressing himself to the Senior Member shall
propose a Member, then present, to Parliament for the Speaker and move
that "Mr.
……… ….. be Speaker of Parliament", which motion shall require to be
seconded and to be followed by a statement from the member proposed and
seconded that he accepts nomination.
(4) When a Member is
proposed and seconded and has accepted nomination, the Senior Member
shall then
ask for further Proposals. If there is no further proposal, the Senior
Member
shall declare elected the sole Member proposed.
(5)
When two (2) or more Members are proposed and seconded
and have accepted nomination, the Senior Member shall shall select at
least two
(2) tellers from among the Members representing as far as possible
different
political parties, and with their assistance conduct an election.
(6)
After consultation with he tellers the Senior Member
shall declare who has been elected Speaker and the Speaker shall then
take the
Chair.
Procedure when Office of Speaker becomes
vacant
5.
(1) If the Speaker wishes to resign he shall send a
written notice thereof to the Clerk. Such a notice shall state the date
on
which the resignation shall take effect.
(2)
The Clerk shall report to Parliament any notice given by
the Speaker pursuant to paragraph (1) or any vacancy in the office of
Speaker
at the opening of the sitting after the notice has been given or the
vacancy
occurs.
(3)
Whenever a notice has been given under paragraph (1) or
there is a vacancy in the office of Speaker, Parliament shall as soon
as
possible elect a Speaker in the manner provided by Standing Order 4.
6.
(1) After the election of the Speaker, Parliament shall
elect one or more Deputy Speakers in the same manner as the Speaker,
except
that the Speaker shall preside.
(2)
When the Speaker is absent or when called upon to do so
by the Speaker, a Deputy Speaker shall perform the duties and exercise
the
authority of the Speaker in Parliament.
(3)
Whenever the Clerk notifies Parliament that the Speaker
is absent and no Deputy Speaker is present to take the Chair at a
sitting,
Parliament shall elect one of its Members in accordance with Standing
Order 4
to perform the duties and exercise the authority of the Speaker for
that
sitting only and until the return of the Speaker or a Deputy Speaker.
7.
(1) There shall be a Roll of Members of Parliament.
(2)
After the election of the Speaker and any Deputy Speaker,
the Roll shall be signed by all the Members present, starting with the
Speaker.
In the even of a Member not being present, he shall the Roll at the
next sitting
of Parliament at which he is present.
(3)
Except the debate on the election of a Speaker or Deputy
Speaker at the beginning of a new Parliament, a Member shall not sit or
vote
until he has signed the Roll.
(4)
A member shall be regarded as having taken his seat when
he signs the Roll of Members.
Election of the Prime Minister
8.
(1) When all the Members present have signed the Roll of
Members, Parliament shall then elect the Prime Minister in compliance
with
Article 39 of the Constitution.
(2)
A member addressing himself to the Speaker, shall propose
a Member, then present, to Parliament and move that "Meeting" Mr. ……………
be Prime Minister of the Republic", which motion shall require to be
seconded and to be followed by a statement from the Member that he
accepts
nomination.
(3)
When a Member is proposed and seconded and has accepted
nomination, the Speaker shall then ask for further proposals.
(4)
When all proposals have been entered by the Speaker, he
shall conduct an election by Secret ballot in accordance with Schedule
2 of the
Constitution.
Procedure when office of Prime Minister
becomes vacant
9.
(1) If the Prime Minister whishes to resign he shall send
a written notice thereof to the Speaker. Such a notice shall state the
date on which
the resignation shall take effect.
(2)
The Speaker shall report to Parliament any notice given
by the Prime Minister pursuant to paragraph (1) or any vacancy in the
office of
Prime Minister at the opening of the sitting after the notice has been
given or
the vacancy occurs.
(3)
Whenever a notice has been given under paragraph (1) or
there is a vacancy in the office to Prime Minister, Parliament shall as
soon as
possible elect a Prime Minister in the manner provided by Standing
Order 8.
PART II – OFFICERS OF PARLIAMENT
10.
(1) The Speaker shall preside at sittings of Parliament
and shall be responsible for maintaining order. In exercising his
duties, the
Speaker may request assistance from officers of Parliament or if
necessary,
members of the Police Force.
(2)
The Speaker shall preside over debates in Parliament and
ensure that Standing Orders, practices and procedures of Parliament are
respected
and observed by all Members.
(3)
The Speaker shall not participate in any debate before
Parliament. In the case of equality of votes, the Speaker shall give a
casting
vote and any reason stated by him shall be entered in the minutes of
the
sitting.
(4)
The Speaker shall read or cause to be read by the Clerk
the results of any vote or debate of Parliament.
(5)
The Speaker shall represent Parliament and sign any
official document originating from Parliament.
11.
(1) The Clerk shall be appointed by the President on the
advice of the Speaker.
(2)
The Clerk shall be responsible for keeping the Minutes of
Proceedings of Parliament. The Minutes shall record in respect of every
sitting
the attendance of Members, all decisions taken and details of every
division
held. The Minutes of proceedings shall be printed and distributed to
all Members.
(3)
The Clerk shall be responsible for the safekeeping of all
records, cassettes, books, Bills and any other documents laid before
Parliament, which shall be open to inspection by Members at all
reasonable
hours.
(4) The Clerk shall be
responsible, under the direction of the Speaker, for the administration
of the
Secretariat of Parliament and he shall direct, control and co-ordinate
the activities
of the Secretariat and shall have direction and control over all
officers and
servants of Parliament.
(5)
The Clerk shall be responsible, under the direction of
the Speaker, for the administration of the budget of Parliament and
shall keep
adequate accounting records and prepare an estimated budget of expenses
for each
financial year.
(6)
The Clerk shall perform the further duties laid upon him
in these Standing Orders and all other duties in the service of
Parliament
ordered by Parliament or directed by the Speaker.
(7)
Whenever the Clerk is absent, incapable of performing his
duties or the office of Clerk becomes vacant, the powers, functions and
duties
of the Clerk shall be exercised and performed by the Assistant Clerk,
or a
person nominated for that purposes by the Speaker.
(2)
The first ordinary session of Parliament shall commence
in the middle of the month of of March on a date determined by the
Speaker,
after consultation with Prime Minister.
(3)
The second ordinary session of Parliament shall commence
in the middle of the month of August on a date determined by the
Speaker, after
consultation with the Prime Minister.
(4)
The Clerk shall send to each Member a notice stating that
the ordinary session will commence on the date specified therein. The
notice
shall contain a list of Bills to be considred during the session. The
notice
shall be given at least fifteen (15) days before the date appointed for
the
opening of the session.
(5)
When at the end of any meeting, an ordinary session is
adjourned to be continued during another meeting, the Speaker shall
inform the
Members of the date on which the next meeting shall commence.
(6)
Under normal circumstances neither Parliament nor any of
its committees shall meet in the periods of December 20th
to January 20th
or June 20th
to July 20th.
13.
(1) H.E the President may address himself to Parliament
once during each ordinary session.
(2)
After the message from H.E the President, the Prime
Minister and the Leader of the Opposition may comment briefly thereon
but they
shall not speak more than half an hour respectively.
14.
(1) Whenever the Speaker so decides or is requested by the
Prime Minister or the majority of the Members of Parliament, he shall
summon
Parliament to meet in extraordinary session.
(2)
Any request made to the Speaker under paragraph (1) shall
be in writing and shall be signed by the Prime Minister or the Members
requesting the extraordinary session. Such request shall contain:
a)
The reason of which an extra-ordinary session is required;
b)
A statement of the specific matter or matters to be
discussed during the extraordinary session;
c)
The expected duration of the extra-ordinary session and a
proposed date for its opening.
(4)
An extraordinary session shall be limited to one meeting
of Parliament, unless the Speaker otherwise decides for special reasons.
15.
(1) During the course of a meeting Parliament shall sit
on Mondays, Tuesdays, Wednesday afternoons, Thursdays and Fridays but
shall not
sit on Saturdays, Sundays or public holidays, unless Parliament decides
otherwise on a motion moved under paragraph (2).
(2)
A Member may, without notice, move that Parliament shall
sit on a Saturday, Sunday or public holiday or shall not sit on any day
named
in the motion and any such motion shall be decided without amendment or
debate.
16.
(1) Unless Parliament otherwise decides on a motion moved
under paragraph (2), the hours of sitting shall be 8:30 to 11:30 and
14:00 to
17:00. If a vote is being taken at the time appointed for the
interruption of
Business, the interruption shall be deferred until the vote is finished.
(2)
A Member may, without notice, move that Parliament shall
sit before 8:30 or 14:00 or after 11:30 or 17:00 on any day named in
the motion
and such motion shall be decided without amendment or debate.
(3)
The Speaker may at any time suspend a sitting for such
time as he thinks appropriate.
(4)
An adjournment of Parliament shall mean adjournment until
the next sitting day.
PART IV – BUSINESS OF PARLIAMENT
Order of business at a sitting
17.
(1) The Clerk shall prepare an Agenda for each sitting
day showing the business to be placed before Parliament, together with
such
other information as the Speaker may from time to time direct.
(2)
Except during an extraordinary session or at the first
sitting of an ordinary session, the business of each sitting day shall
be
transactted in the following order:
(a)
The Prayer;
(b)
Reading of the Agenda by the Speaker,
(c)
Confirmation of minutes;
(d)
Announcement by the Speaker;
(e)
Statements by Ministers;
(f)
Tabling of documents;
(g)
Urgent debates;
(h)
Business to be transacted on that sitting day pursuant to
Standing Order 23.
18.
(1) The Minutes of any sitting shall be confirmed or
amended as the case may be.
(2)
The Minutes of an final sitting of any meeting or session
may, unless Parliament shall otherwise decide, be confirmed at the
sitting of
the following meeting or session.
(3)
No debate shall be allowed upon the minutes except as to
any proposed amendment or as to the accuracy thereof.
19.
Any Minister may make a short factual announcement or
statement of Government policy on matters of which he is responsible. A
spokesman for each of the parties in opposition to the Government may
comment
briefly thereon and Members may be permitted to address questions
thereon to
the Minister. The Speaker shall limit the time for such proceedings as
he deems
fit.
20.
(1) Any Minister
or Member may deposit before Parliament any report, petition, paper or
document
dealing with a matter coming within the responsibilities of Parliament
and a
record of any such report, paper or document shall be entered in the
Minutes of
the same day.
(2)
Any Member may, without notice, move that Parliament
shall hold a debate on any matter or matters related to the content of
any
report, petition, paper or document deposited under paragraph (1). Any
such
motion shall be decide without amendment.
21.
(1) A member may, without notice, move that Parliament
shall hold a debate immediately for the purpose of discussing a
specific matter
which should have urgent consideration.
(2)
If the Speaker satisfied that the matter raised is proper
to be discussed immediately the motion shall be decided without
amendment.
(3)
Unless Parliament otherwise decides, an urgent debate
shall be limited to half an hour.
22.
(1) Any motion without notice presented by a Member under
Standing orders 15 (2), 16 (2), 20 (2) and 21 (1) may be made orally
and shall
be seconded.
(2) A member who
whishes to present a motion under Standing Order 20 (2) and 21 (1)
shall inform
the Speaker thereof before the opening of the sitting during which the
motion
is to be presented.
(3) Any Minister who
whishes to make a statement under Standing Order 19 or any Member who
whishes
to deposit a report, petition, paper or document under Standing Order
20 (1)
shall inform the Speaker thereof before the opening of the sitting
during which
the statement is to be made or the report, petition, paper or document
is to be
deposited.
Order
of Business during a week
23.
When the sitting day business has been transacted in
accordance with Standing Order 17 (2), Parliament shall proceed with
it's
business, day by day, in the following order:-
| Monday | |
| Morning | Private Bills |
| Government Bills | |
| Afternoon | 14.00 to 16.00 - Government Bills |
| 16.00 to 17.00 - Oral questions | |
| Tuesday | |
| Morning: | Government Bills |
| Afternoon: | 14.00 to 16.00 - Government Bills |
| 16.00 to 17.00 - Written motions | |
| Wednesday | |
| Afternoon: | 14.00 to 16.00 - Government Bills |
| 16.00 to 17.00 - Written questions | |
| Thursday | |
| Morning: | Private Bills |
| Government Bills | |
| afternoon: | 14.00 to 16.00 - Government Bills |
| 16.00 to 17.00 - Written motions | |
| Friday | |
| Morning: | Private Bills. |
| afternoon: | 14.00 to 15.00 - Government Bills. |
| 15.00 to 16.00 -Statement by Members | |
| 16.00 to 17.00 - General debate. |
24.
(1) Private Bills shall consist of Bills presented by
Members who are not Ministers.
(2)
Private Bills shall be subject to the same stages and rules
of procedure as those laid down for Government Bills.
(3)
In determining the order of private Bills on the Agenda,
the Speaker shall have regard to;
(a)
The whishes expressed to him by the Member presenting the
private Bill.
(b)
The time when the private Bill was presented the Member.
(4)
Any private Bill which is set down for a any sitting day
and which is not disposed of by 11.30 shall without quession put, be
postponed
until the next sitting day during which private Bills shall be studied.
25.
(1) Government Bills shall consist of Bills presented by
any Minister.
(2)
The Government shall decide the order in which Government
Bills shall be placed on the Agenda.
Procedure
on introduction of a Bill
26.
(1) Any member or Minister who whishes to introduce a
Bill before Parliament shall supply to the Clerk sufficient printed
copies in
French and English not less than fifteen (15) days prior to the meeting
at
which the Bill is to be introduced.
(2)
The clerk shall send a copy of the Bill in French an
English to each Member, not less than ten (10) days prior to the
meeting at
which the Bill is to be introduced.
(3)
The sending of a copy of the Bill to each Member shall
constitute notice of the Bill.
27.
There shall be three (3) stages for the passing of a Bill
by Parliament:
(a)
First reading
(b)
Committee stage
(c)
Second reading
28.
(1) On the motion being moved 'That the First Reading of
the ……… Bill be agreed to', a debate may take place which shall be
confined to
the principles and merits of the Bill.
(2)
A motion under paragraph (1) may be made orally and
without notice and shall not require to be seconded. Any Member may
propose an
amendment to such motion.
29.
(1) When the First Reading of a Bill has been agreed to,
it shall automatically be referred to the Committee of the whole House
unless
Parliament shall otherwise decide on a motion stating 'That the Bill be
referred to an ad hoc Committee'. Such motion may be moved orally and
without
notice by any Member and may be presented either immediately after the
First
Reading or at a later sitting.
(2)
If the Bill has not been referred to an ad hoc Committee,
Parliament shall resolve itself into the Committee of the whole House
for the
consideration of the Bill.
(3)
The Committee of the whole House shall consider and vote
the Bill section by section and the Chairman shall call the section in
order by
reading the number of each section.
(4)
Subject to Standing Order 31, any Member may present an
amendment to a section at the relevant time. If such amendment is
prososed, the
Committee of the whole House shall, after any debate, vote on the
amendment. If
the amendment is accepted, the Bill shall be amendment accordingly.
(5)
Subject to Standing Order 31, any Member may propose that
a section be deleted, replaced or a new section be inserted at the
proper and
logical stage during the consideration of the Bill. If such proposal is
made
the Committee of the whole House shall, after any debate, vote on the
proposal.
If the proposal is accepted, the Bill shall be amended accordingly.
(6)
The Committee of the whole House may seek the advice of
any person or group of persons who may be of assistance during the
consideration
of a Bill or any section of a Bill.
30.
(1) When a Bill has been considered by the Committee of
the whole House, Parliament shall read the Bill as amended a second
time either
forthwith or at some subsequent sitting.
(2)
On the motion for the Second Reading of a Bill being
moved the Speaker shall put the question 'That this Bill be now read a
second
time and do pass'.
(3)
A motion under paragraph (2) may be made orally and
without notice and shall not require to be seconded.
(4)
The only amendment admissible for a motion under
paragraph (2) shall be:
(a)
that the second Reading be postponed to some specific
date in the future; or
(b)
that the Bill be referred to the Committee of the whole
House, for a Limited and defined purpose.
(2)
An amendment shall be relevant to the provisions of the
Bill and to the subject - matter or the section to which, it relates
and shall
not be in conflict with the principles of the Bill as agreed at the
First
Reading or with any previous decision of the Committee of the whole
House.
(4)
If so required by the Speaker the Member proposing an
amendment shall put the amendment into writing and shall hand the text
to the
Speaker who shall, after any debate, propose the question on the
amendment.
(5)
When two or more amendments relating to the same section
are proposed, they may be debated together but they shall be disposed
of
separately in the order in which they were presented unless the Speaker
otherwise decides.
(6)
An amendment to an amendment which a Member whishes to
propose may be presented at any time before the conclusion of the
debate on the
original amendment.
(7)
An amendment to an amendment shall be dispose of in the
same way as an original amendment.
(8)
When every amendment to an amendment has been disposed of
the Speaker shall propose the question on the original amendment or on
the
original amendment as amended, as the case may require.
32.
(1) Subject to Standing Order 34, any Member may adress a
written question to a Minister relating to a public matter for which
the
Minister is officially responsible, in which he seeks information on
that matter
or asks for official action.
(2)
Any Member desiring to ask a written question shall give
notice thereof by delivering a copy of such question to the Clerk not
less that
four (4) clear days before the day on which he intends to ask the
question.
(3)
The written question shall be signed by the Member and
shall show the day proposed for asking such question.
(4)
The Clerk shall transmit without delay the written
question to the Minister concerned with the question.
(5)
The Minister to whom a written question has been asked
shall deliver a written answer to the Clerk not later than two (2)
clear days
after the written questions has been transmitted to him.
(6)
At the time scheduled for written questions, the Member
who signed the question shall read it and the Minister to whom the
question is
addressed shall read the answer. The text of the written question and
answer
shall be reproduced in the Minutes of the sitting.
(7)
Written questions and answers shall not be debated.
But the Speaker may, at his discretion,
permit a supplementary question to elucidate an answer.
33.
Subject to Standing Order 34, any Member may address oral
questions, without notice, to a Minister relating to a public matter
for which
the Minister is officially responsible, in which he seeks information
on that
matter.
34.
(1) Any question asked in accordance with Standing Order
32 and 33 shall not contain:
(a)
The names of persons or statements of facts unless they
are strictly necessary to make the question intelligible;
(b)
Any argument, inference, imputation, or are tendentious,
ironical or offensive expressions.
(2)
A question shall not refer to any matter on which a
judicial decision is pending or reflect on the decision of a court of
law.
(3)
The Speaker may declare inadmissible any question which,
in his opinion, is unintelligible, irrelevant, frivolous or scandalous
or is
otherwise out of order.
(4)
A Member shall be responsible for the authenticity of the
name of persons that he mentions or of his statements of facts.
(2)
The Clerk shall give a copy of the motion to each Member
as soon as possible before the time on which the motion shall be
debated.
(3)
he rules contained in Standing Orders 34 shall apply to
Contents of any written motion.
(4)
When a written motion has been moved, the Speaker shall
propose the question thereon to Parliament in the same terms as the
motion and
a debate may then take place. The mover, or in his absence the
seconder, shall
be entitled to open such debate and shall have a right of reply.
(5)
When the debate on the motion has been concluded, the
question shall forthwith be put by the Speaker.
(6)
A motion may be withdrawn with the leave of the speaker
before the question has been fully put thereon; but so withdrawn the
motion may
be moved again at some other sitting after due notice.
36.
(1) Any Member may make a statement to Parliament on any
matter relating to his responsibilities as a Member of Parliament or on
any
question of Government policy. Any such statement shall be limited to
fifteen
(15) minutes for each Member.
(2)
Any Member who whishes to make a statement in accordance
with paragraph (1) shall inform the Speaker there-of before the opening
of the
sitting during which the statement is to be made.
(3)
The Speaker shall decide the order in which such
statement shall be listed on the Agenda.
(4)
If no motion for a general debate is presented or
accepted in accordance with Standing Order 37, the period of time
allotted for
a general debate shall be used for statements by Members.
37.
(1) Any Member may move without notice that Parliament
shall hold a debate for the purpose of discussing a question relating
to
matters of public concern or public administration.
(2)
A motion presented under paragraph (1) may be made orally
and shall be seconded and the Speaker shall be informed thereof before
the
opening of the sitting during which the motion is to be presented. The
motion
shall be decided without amendment or debate.
(2)
If no statement is made by a Member or if the time
allocated for statements by Members has not expired, the period of time
allotted for statements by Members or part thereof shall be used for a
general
debate.
PART
VII - DEBATES IN PARLIAMENT
38.
If at any time the attention of the Speaker is directed
to the fact that a quorum is not present, he shall order the bells to
be rung
and if at the end of (5) five minutes, a quorum is not present, he
shall
adjourn Parliament without question put; but if it be shown at any time
that
the quorum is present, it shall not be in order to draw the attention
of the
Speaker to the absence of quorum until after the end of one hour from
that
time.
39.
(1) Any Member who whishes to speak shall raise his hand
in a clearly visible manner and shall not speak until the Speaker has
given him
leave to do so.
(2)
When speaking, a Member shall address himself to the
Speaker and shall speak from the place where he sits in Parliament. A
Member
shall not interrupt or challenge a Speaker.
(3)
No Member shall be entitled to speak more than three (3)
times on the same subject excluding questions and answers related to
the
subject.
(4)
The Speaker may call a Member to order if his speech is
not relevant to the matter under debate. If the member does not comply
or he
persists in speaking after having been requested to conclude his
speech, the
Speaker may direct him to cease to speak.
40.
(1) The Speaker, after having called the attention of
Parliament to the conduct of a Member who persists in irrelevance or
tedious
repetition either in his own arguments or of the arguments used by
other
Members in debate, may direct him to discontinue his speech.
(2)
If any Member:
(a)
persistently and wilfully obstructs the business of
Parliament;
(b)
is guilty of disorderly conduct;
(c)
uses objectionable words which he refuses to withdraw;
(d)
persistently or wilfully refuses to conform to any
Standing Order;
(e)
persistently or willfully disregards the authority of the
Speaker.
(3)
In the case of grave disorder arising in Parliament, the
Speaker may adjourn Parliament without question put or suspend any
sitting for
a time determined by him.
(4)
Parliament may, on a motion moved by a Member, suspend
any Member from the service of Parliament for such period indicted in
the motion.
A Member who is suspended shall not be admitted to Parliament or its
precints
during the period of suspension.
(5)
Any motion presented in accordance with paragraph (4)
shall be in writing and seconded and a notice of 2 clear days shall be
given
thereof to the Speaker.
41.
(1) After a question has been proposed, any Member may
move « that the question be put » and, unless it appears to the Speaker
that
such motion is an abuse of the rules of a minority the question "that
the
question be put" shall put forthwith.
(2)
A motion presented in accordance with paragraph (1) shall
require to be seconded and shall be decided without amendment or
debate.
42.
(1) The Speaker shall call the attention of Parliament to
any violation of the Standing Orders.
(2)
A Member may, at any time, call the attention of the
Speaker on a point of order. The member shall indicate to the Speaker,
as
briefly as possible, which Standing Order practice or procedure has
been violated.
(3)
The Speaker may allow a point of order to be debated
before he makes a decision but such debate shall be strictly confined
to the
point of order raised.
(4)
On a point of order, the Speaker may render his decision
either forthwith or at a latter sitting. The Speaker shall indicated
the
reasons for his decision.
43.
(1) A Member who
wishes to raise a matter which he
believes to affect the privileges of Parliament or one of
its Members
shall do so as soon as possible after the matter comes to his
attention. Such
Member shall verbally inform the Speaker, stating the facts to which he
wishes
to draw attention at least one hour before the beginning of the sitting
at
which he proposes to raise the matter.
(2)
When a Member is called by the Speaker to raise a matter
of privilege, he shall state briefly the facts to which he whishes to
draw the
attention of Parliament and the grounds on which he believes that those
facts
affect the privileges of Parliament or one of its Members.
(3)
The Speaker shall then state whether or not, in his
opinion, the matter appears to affect the privileges of Parliament or
one of
its Members and if the Speaker so decides, the matter may be referred
to
Parliament.
(4)
If the Speaker is of the opinion that the matter raised
affects the privileges of Parliament or one of its Members, any Member
may move
an oral motion without notice, based on that matter of privilege and
such
motion shall be
debated forthwith.
(5)
If, during the course of any sitting, a Member raises a
matter which, inn the opinion of the Speaker, appears to involve the
privileges
of Parliament or one of its Members which calls for the immediate
attention of
Parliament, the Speaker
shall interrupt
the proceedings, except when a question
has been proceed forthwith to debate a motion
based on such matter.
44.
(1) Except as otherwise provided in the Constitution or
the Standing Orders, all questions proposed for decision in Parliament
or in
the Committee of the whole House shall Be determined by a majority of
the votes
of the Members Present.
(2)
A Member shall signify his vote by raising his hand
unless Parliament otherwise decides on a motion requesting a nominal
vote. Such
motion may be presented orally, without notice, and shall be seconded.
(3)
If Parliament decides to hold a nominal vote, the Clerk
shall ask each Member separately, referring to him by his constituency,
how he
desires to vote. The vote of each Member shall be recorded in the
minutes of
proceedings.
(4)
Member may at any time request that his vote be recorded
in the minutes of proceedings. If such request is made, the Speaker
shall order
the Clerk to record the vote of that Member in the minutes of
proceedings.
45.
The opinion or a decision of the Speaker as to any
question related to the application or interpretation of these Standing
Orders
shall not be challenged except on a written motion made in accordance
with
Standing Order 35.
Motion
tu Suspend Standing Orders
46.
(1) Whenever the Speaker is satisfied that there is a
case of urgent necessity for the proper conduct of the business of
Parliament,
any Order may be suspended on oral motion without notice. If such
motion be
agreed to, these Standing Orders shall be suspended so far as is
necessary to
carry out the object for which the motion was made.
(2)
A motion to suspend Standing Orders shall require to be
seconded and shall not take effect unless it has been supported by the
votes of
not less that two-thirds of the Members present.
(3)
When the conduct of the business of Parliament requires,
the Speaker may, with the unanimous consent of the Members present,
suspend any
specified Standing Oder.
PART
VIII- COMMITTEES OF PARLIAMENT
47.
(1) There shall be a Committee of the whole House which
shall consist of all the Members.
(2)
The Speaker shall be the Chairman of the Committee of
whole House. The Chairman shall have the same powers and duties as the
Speaker.
(3)
The Committee of the House shall consider any Bill in accordance
with Standing Order 29.
(4)
The Committee of the whole House shall establish its own
rules of procedure but shall observe the Standing Orders of Parliament
so far
as may be applicable.
(6)
An ad hoc committee to which a matter has been referred
shall consider it in accordance with the terms of reference indicated
in the
motion creating the ad hoc committee and on completion, the Chairman
shall
report on it to Parliament or to the Committee of the whole House as
the case
may be.
(7)
The ad hoc committee shall establish its own rules of
procedure but shall observe the Standing Orders of Parliament so far as
may be
applicable.
49.
(1) A Member may present a motion to constitute a
standing committee of Parliament in order to examine, enquire or
consider any
business, question or matter related to a ministry, department or
service of
the Government or the Republic of Vanuatu.
(2)
The rules contained in Standing Order 35 shall apply to a
motion made under paragraph (1) and the motion shall indicate the
business,
question or matter to be referred to the standing Committee.
(3)
A standing Committee shall consist of not more than 7
Members representing proportionally the political parties represented
in
Parliament. A majority of the Members of the standing Committee shall
continue
a quorum.
(4)
Unless Parliament shall otherwise decide, a standing
Committee shall continue to exist until the dissolution of Parliament.
(5)
A standing Committee shall be empowered to examine,
enquire into or consider any matter, business or question as may be
referred by
Parliament from time to time and report on it.
(6)
A standing Committee shall establish its own rules of
procedure but shall observe the Standing Orders of Parliament so far as
may be
applicable.
(7)
The Chairman of a standing Committee shall have the same power
and duties as the Speaker except that he may participate in any debate
and
vote.
50.
(1) The Annual Appropriation bill shall be presented on
any convenient day during the second ordinary session of each year.
(2)
The Appropriation Bill shall be presented by the Minister
responsible for Finance. The government shall supply to the Clerk
sufficient
printed copies of the Bill in French and English not less than thirty
(30) days
prior to the meeting at which the Bill is to be introduced.
(3)
The Clerk shall send a copy of the Appropriation Bill in
French and English to each Member not less than (25) twenty five days
prior to
the meeting at which the Bill is to be introduced.
(4)
Subject to paragraph (5) and (6), not more than (10) ten
days shall be allotted for the consideration of the Appropriation Bill
by the
Committee of the whole House. The days so allotted shall not be
included in the
ten days period.
(5)
The days occupied by the Consideration of a supplementary
Appropriation Bill or of any supplementary estimate shall not Included
in the
ten days period.
(6)
A Member may more orally, without notice, that additional
time not exceeding (5) five days may be allotted for the consideration
of the
Appropriation Bill. Such motion shall be seconded and decided without
amendment
or debate.
(7)
On the last of the days allotted for the consideration of
the Appropriation Bill, including any additional days allotted under
paragraph
(6), the Speaker shall forthwith put every question necessary to
dispose of the
vote then under consideration, shall then put the question with respect
to each
head of the budget, that the total amount of the vote outstanding in
that head
be granted for the services defined in the head.
(8)
For the purposes of this Standing Order, the
Appropriation Bill shall include the annual estimates of revenue and
expenditure, any supplementary or additional budget for the current
financial
year and any excess vote.
51.
Only a Minister may present:
a)
A Bill, including any amendment to a Bill, which in the
opinion of the Speaker, makes provision for any of the following
purposes:
52.
(1) Every Member shall, within three (3) months of his
election, inform the Speaker in writing of:
(a)
his affiliation or alliance with any political party or
group represented in Parliament; and
(b)
all companies, businesses or other organizations in which
he has any pecuniary interest of any kind whether direct or indirect as
owner,
employee, partner, shareholder or otherwise.
(2)
The Speaker shall cause such information given by Members
to be recorded in a book kept for that purpose and shall record any
necessary
alterations.
(3)
Any Member shall, as soon as possible, inform the Speaker
of any change in his political affiliation or in his pecuniary interest
of any
kind recorded in accordance with paragraph (1).
(4)
A Member shall not speak or vote on any matter in which
he has a pecuniary interest without disclosing the nature and the
extent of
such pecuniary interest.
(5)
Paragraph (4) shall not apply to any debate concerning
any remuneration or allowance to be received by Members in their
capacity as
such or to any interest which a Member may have in any matter in common
with
the public generally or with any
(2)
The Speaker may order the withdrawal of visitors in special
circumstances.
(3)
Any visitor admitted into Parliament who misconducts
himself or does not withdraw when ordered to do so by the Speaker shall
be
expelled forthwith from Parliament and its precints.
(4)
While Parliament or the Committee of the whole House is
sitting, no photographs shall be taken inside the Parliament Chambers.
(5)
For the purpose of this Standing Order, the word 'visitors'
includes all persons other than Members, officers or servants of
Parliament,
but excludes any person or group of persons giving advice or assisting
Parliament in accordance with Standing Order 29 (6)
54.
All previous Standing Orders of Parliament are hereby
revoked.
55.
These Standing Orders of Parliament shall come into force
on 1st
January 1982.
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