60 of 2014 standing orders of the house of assembly

STANDING ORDERS OF THE HOUSE OF ASSEMBLY 2014 (Legal Notice 60 of 2014)

TABLE OF CONTENT STANDING ORDER

PART I

PRELIMINARY 1.

2.

Citation and commencement Interpretation PART II

ELECTION OF SPEAKER AND DEPUTY SPEAKER 3.

4.

5.

Election of Speaker after general election Election of speaker at any other time Election of Deputy Speaker PART III

PRESIDING IN THE HOUSE AND IN COMMITTEES 6.

7.

8.

9.

10.

11.

Speaker absent at commencement of sitting When Deputy Speaker may preside Absence of Speaker and Deputy Speaker Deputy Speaker to preside Committees of whole House Deputy Speaker to preside at Select Committees on Bills Power of person presiding PART IV

SITTING OF THE HOUSE 12.

13.

14.

Sitting times of the House Moment of interruption During an adjournment Speaker may agree earlier meeting

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PART V

DUTIES OF THE CLERK AND OTHER OFFICERS OF THE HOUSE 15.

16.

17.

18.

19.

20.

21.

Clerk to keep minutes of proceedings Clerk to prepare Order Book Clerk to responsible for documents laid before the House Clerk to prepare Order Paper Clerk to ensure that minutes of Committee meetings are kept Officers of the House to act on Orders given by Chair Father or Mother of the House PART VI

LANGUAGE 22.

English to be used PART VII

QUORUM 23.

24.

25.

26.

Absence of quorum during sitting of House Absence of quorum at start of siting of House Lack of quorum at a Committee of whole House Quorum need not be present PART VIII

ORDER OF BUSINESS 27.

Order of business PART IX

MESSAGES FROM THE GOVERNOR 28.

29.

Notice of attendance of Governor Message from Governor PART X

PETITIONS 30.

31.

Form of Petition Presentation of Petition

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PART XI

PAPERS 32.

Presentation of Papers PART XII

QUESTIONS 33.

34.

35.

36.

37.

38.

39.

40.

41.

42.

43.

44.

Questions may be put to members of Cabinet Form of question Questions that may not be asked Question not to be debated Statements in questions to be authenticated Questions in respect of Governor’s special responsibilities Power of Speaker in respect of questions Questions without notice Questions with notice Asking and answering questions requiring oral answer Answering questions not requiring oral answer Question time PART XIII

ADJOURNMENT OF THE HOUSE 45.

46.

Motion to adjourn Leave to adjourn for urgent business PART XIV STATEMENTS BY MINISTERS

47.

Statements by Ministers PART XV

PERSONAL EXPLANATIONS 48.

Member may give personal explanation

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PART XVI

ARRANGEMENT OF BUSINESS 49.

50.

Government business Private members’ business PART XVII

MOTIONS AND AMENDMENTS 51.

52.

53.

54.

55.

56.

57.

Notice of motion to be given Exemptions from giving notice Relevance of amendments Seconding of motions and amendments Putting the question on amendments Withdrawal of motions and amendments to bills Dispensing with notice PART XVIII

RULES OF DEBATE 58.

59.

60.

61.

62.

63.

64.

Member may not read speech Manner of speaking and contents of speech References to character or conduct of persons Member to rise to speak Limit on speeches by members Debates in Committee of whole House Right of reply PART XIX

TIME LIMIT ON SPEECHES AND DEBATES 65.

66.

67.

68.

69.

Debate on government business Address in reply to speech of Governor Adjournment debates Debate on private members’ business Total time for debate PART XX

BEHAVIOUR DURING DEBATES 70.

71.

Interruptions Behaviour by members not speaking

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PART XXI

SCOPE OF DEBATES 72.

73.

74.

75.

Debate to be relevant Debate on certain amendments Anticipation Debate on dilatory motion PART XXII CLOSURE OF DEBATES

76.

Closure of debate PART XXIII

RULES OF ORDER 77.

78.

79.

80.

81.

82.

83.

84.

85.

Chair to be heard in silence Decision of Chair final Irrelevance or tedious repetition Grossly disorderly conduct Member may be named Refusal by member to withdraw Member to withdraw Speaker may adjourn for grave disorder Power of House retained PART XXIV

VOTING 86.

87.

88.

89.

Voting Question to be put Division may be called for Vote in error PART XXV

PROCEDURE ON BILLS 90.

91.

Introduction and first reading Printing and circulating bills

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92.

93.

94.

95.

96.

97.

98.

99.

100.

101.

102.

103.

Second reading of bills Committal of bills Instructions to Committees Committee of the whole House Functions of Committees on bills Proceedings in Committees on bills Recommittal of bills reported from Committee of whole House Third reading of bills Assent Further proceedings on bills Withdrawal of bills Bills containing substantially the same provisions PART XXVI

APPROPRIATION BILLS 104.

105.

106.

107.

108.

109.

110.

Appropriation Bill House may fix time for debate on Appropriation Bill Second reading of Appropriation Bill Committee of Supply Procedure in Committee of Supply Third reading of Appropriation Bill Supplementary estimates and Supplementary Appropriation Bills PART XXVII

SELECT COMMITTEES 111.

112.

113.

114.

The House Committee Standing Orders Committee Privileges Committee Other select committees PART XXVIII

STANDING COMMITTEES 115.

116.

117.

118.

Appropriations Committee Public Accounts Committee Standing Committees under Constitution Expenditure Committee

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119.

120.

121.

122.

Administration Committee Limit on responsibility of Committees Constitution of Standing Committees Duties of Committees PART XXIX

COMMITTEES – GENERAL PROVISIONS 123.

124.

125.

126.

127.

128.

129.

Committees may call witnesses Delegation by committees Place of meetings of committees Premature publication of evidence Committees may make special reports Report to be presented to House Reports of Select committees on Bills PART XXX

MISCELLANEOUS PROVISIONS 130.

131.

132.

133.

134.

135.

136.

137.

138.

Suspension of Standing Orders Absence of members Appearance of members in professional capacity Privilege Pecuniary interest Oral declaration of an interest Strangers Presence of representative of media Revocation

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TURKS AND CAICOS ISLANDS STANDING ORDERS OF THE HOUSE OF ASSEMBLY 2014 (Legal Notice 60 of 2014) Made by the House of Assembly under section 63 of the Constitution.

NOTE: Section 63(1) of the Constitution provides— 63.—(1) Subject to this Constitution and to any Instructions under Her Majesty’s Sign Manual and Signet, the House of Assembly may make, amend and revoke Standing Orders for the regulation and orderly conduct of its own proceedings, and for the passing, intituling and numbering of bills and their presentation to the Governor for assent, but such Standing Orders shall not have effect until approved by the Governor.

PART I

PRELIMINARY

Citation and commencement 1. These Standing Orders may be cited as the Standing Orders of the House of Assembly 2014 and shall come into operation on publication in the Gazette.

Interpretation 2. (1) In these Standing Orders— “Clerk” means the person appointed to be the Clerk of the House and includes a person appointed to act as Clerk when the substantive holder of the office is absent or the office is vacant; “dilatory motion” means— (a) a motion for the adjournment of a debate or for the adjournment of the House during a debate; or (b) in a Committee, a motion that the Chairperson do now report progress and ask for leave to sit again or do leave the Chair;

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“Father or Mother of the House” has the meaning provided in Standing Order 21 (1); “officer of the House” means the Clerk, a person appointed to an office for the service of the House, a person acting within the precincts of the House’s meeting place under the orders of the Speaker, and a police officer while on duty within the precincts of the House’s meeting place; “Standing Orders” means these Standing Orders.

(2) Notes included in these Standing Orders are for information only and do not form part of these Standing Orders.

(3) In these Standing Orders, a reference to an Order by number is a reference to the paragraph of these Standing Orders so numbered.

(4) Expressions in these Standing Orders, unless the contrary intention appears, bear the same meanings as in the Constitution and House of Assembly (Powers and Privileges) Ordinance.

PART II

ELECTION OF SPEAKER AND DEPUTY SPEAKER NOTE: Section 65 of the Constitution provides— 65. No member of the House of Assembly shall be permitted to take part in the proceedings of the House, other than proceedings necessary for the purposes of this section, until he or she has made and subscribed before the House an oath of allegiance in the form set out in the Schedule to this Constitution; but the election of a Speaker and a Deputy Speaker may take place before the members of the House make such oath.

NOTE: Section 44(1) and (2) of the Constitution provides— 44.—(1) When the House of Assembly first meets after a general election or after the office of Speaker has fallen vacant for any reason other than a dissolution of the House, and before it proceeds to the despatch of any other business, the House shall elect a person to be Speaker of the House.

(2) The Speaker shall be elected from among the elected or appointed members of the House of Assembly who are not members of the Cabinet or from among persons who are not members of the House, and shall be elected by a majority of the votes of the elected and appointed members of the House; but no person shall be elected as Speaker who is not qualified to be an appointed member of the House or who would for any reason be disqualified from being an appointed member.

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Election of Speaker after a general election 3. (1) The election of a Speaker when the House first meets after a general election shall be carried out in the manner set out in this Standing Order.

(2) The Father or Mother of the House shall preside for the purpose of the election.

(3) Where the Father of Mother of the House in not present or is unable to preside the Clerk shall preside.

(4) A member, having first ascertained that the person to be proposed is willing and qualified to serve if elected, may, rising in his or her place and addressing himself or herself to the Father or Mother of the House, propose that the person “Do take the Chair of this House as Speaker”.

(5) If the proposal is seconded, and no other person is proposed for the office, the person proposed shall be called by the House to the Chair without any question being put.

(6) If more than one person is proposed and seconded, the Father or Mother of the House shall propose the question “That [name of the person first proposed] do take the Chair of the House as Speaker”.

(7) A debate may then take place, the Father or Mother of the House continuing to act as presiding officer.

(8) When the debate is closed the Father or Mother of the House shall put the question “That [name of the person first proposed] do take the Chair of the House as Speaker”.

(9) If a majority of elected and appointed members do not vote for the person first proposed, the Father or Mother of the House shall put the same question in respect of each of the other persons in the order in which they were proposed until the question is carried in favour of one of them by the votes of a majority of the elected and appointed members.

(10) The Father or Mother of the House shall declare the result of the election and thereupon the House shall stand suspended until the Speaker-elect has taken an oath of allegiance and has thereafter taken the Chair of the House as Speaker.

Election of speaker at any other time 4. (1) This Standing Order applies if the office of Speaker becomes vacant for any reason other than dissolution of the House.

(2) The House shall forthwith proceed to the election of a new Speaker.

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(3) The election shall be presided over by the Deputy Speaker or, if he or she is absent, by a member elected by the House to preside over the election of the Speaker.

(4) A member, having first ascertained that the person to be proposed is willing and qualified to serve if elected may, rising in his or her place and addressing himself or herself to the person presiding, propose “That [name of person] do take the Chair of this House as Speaker”.

(5) If that proposal is seconded, and no other person is proposed for the office, the person proposed shall be called by the House to the Chair without any question being put.

(6) If more than one person is proposed and seconded, the person presiding shall propose the question “That [name of the person first proposed] do take the Chair of the House as Speaker”.

(7) A debate may then take place.

(8) When the debate is closed the person presiding shall put the question “That [name of the person first proposed] do take the Chair of the House as Speaker”.

(9) If a majority of elected and appointed members do not vote for the person first proposed, the person presiding shall put the same question in respect of each of the other persons in the order in which they were proposed until the question is carried in favour of one of them by the votes of a majority of the elected and appointed members.

(10) The person presiding shall declare the result of the election and thereupon the Speaker-elect shall take the Chair of the House if he or she is a member and has taken the oath of allegiance.

(11) If the Speaker-elect is not a member or has not taken the oath of allegiance, the sitting of the House shall stand suspended until the Speaker-elect has taken an oath of allegiance and has thereafter taken the Chair of the House as Speaker.

Election of Deputy Speaker 5. (1) As soon as the Speaker has taken the Chair after a general election, the House shall proceed to the election of an elected or appointed member who is not a member of the Cabinet to be Deputy Speaker.

(2) If the office of Deputy Speaker falls vacant other than by reason of a dissolution the House shall elect another member to that office.

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(3) The election of Deputy Speaker shall be conducted in a similar manner to the election of the Speaker except that the Speaker shall preside over the election.

PART III

PRESIDING IN THE HOUSE AND IN COMMITTEES NOTE: Section 67 of the Constitution provides— 67.—(1) The Speaker or, in his or her absence, the Deputy Speaker or, if they are both absent, an elected or appointed member of the House of Assembly (not being a Minister) elected by the elected and appointed members of the House, shall preside in the House.

(2) References in this section to absence of the Speaker or the Deputy Speaker shall include circumstances in which either office is vacant.

Speaker absent at commencement of sitting 6. If at the commencement of a sitting the Speaker's absence is announced by the Clerk, the Deputy Speaker shall take the Chair and shall be invested with all the powers of the Speaker until the Speaker is present.

When Deputy Speaker may preside 7. The Deputy Speaker may at any time, at the request or invitation of the Speaker, take the Chair temporarily without formal communication to the House.

Absence of Speaker and Deputy Speaker 8. (1) Whenever the absence of both the Speaker and the Deputy Speaker is announced by the Clerk, the House shall, by motion, elect a member then present to take the Chair.

(2) The Father or Mother of the House shall preside for the purpose of the election.

(3) If the Father or Mother of the House is not present the Clerk shall preside.

(4) The member elected shall be invested with all the powers of the Speaker until the Speaker or Deputy Speaker is present.

Deputy Speaker to preside at Committees of whole House 9. (1) The Deputy Speaker shall preside at a Committee of the whole House.

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(2) In the absence of the Deputy Speaker the House shall elect a member then present to act as Chairperson.

(3) The elected member shall be invested with all the powers of the Deputy Speaker until the Deputy Speaker is present.

Deputy Speaker to preside at Select Committees on bills 10. (1) The Deputy Speaker shall preside at a Select Committee on a bill.

(2) In the absence of the Deputy Speaker, the members of the Committee shall elect one of their number then present to preside.

(3) The member elected under paragraph (2) shall be invested with all the powers of the Deputy Speaker until the Deputy Speaker is present.

Power of person presiding 11. The person presiding in the House or in a Committee may regulate the conduct of its business in all matters not provided for in these Standing Orders.

PART IV

SITTING OF THE HOUSE NOTE: Section 66(1) of the Constitution provides— 66.—(1) The sessions of the House of Assembly shall be held at such times and places as the Governor may appoint by proclamation published in the Gazette; but there shall be at least one session in every year and a session shall be appointed to commence within two weeks after any general election.

(2) When the House of Assembly is in session, the Speaker shall call meetings of the House of Assembly so that there are at least nine meetings in each calendar year and any meeting shall be held within six weeks of the end of the previous meeting.

Sitting times of the House 12. (1) After the first meeting of the House, the House shall meet at 10 o’clock in the morning and, unless previously adjourned, shall meet until 6 p.m.

(2) At 1.00 p.m. the Speaker shall suspend the meeting until 2.00 p.m. unless the House otherwise determines.

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(3) Until 6 p.m. the House shall not adjourn unless a motion to that effect has been carried.

(4) At 6 p.m. despite the fact that there may be business under discussion, the Speaker shall adjourn the House without question put.

(5) A motion may be made by a member of the Cabinet after notice, at the commencement of public business, to the effect that the proceedings on any specified business be exempted from the provisions of this Standing Order, and if the motion is agreed to, the business so specified shall not be interrupted at 5.30 p.m. in accordance with Standing Order 13 and may be entered upon at any hour though opposed.

Moment of interruption 13. (1) At 5.30 p.m. the Speaker shall interrupt the business under discussion.

(2) If the House is in Committee at that time, the Chairperson shall interrupt the business and shall leave the Chair forthwith to report progress to the House and ask for leave to sit again.

(3) Any other business, if unopposed, shall then be disposed of, and the Order Paper for the next meeting fixed.

(4) Any business which, when called during the time of unopposed business, is objected to by a member shall not be proceeded with, but shall stand over until the next sitting of the House in the place in which it shall be fixed upon the fixing of the Order Paper.

During an adjournment Speaker may agree earlier meeting 14. (1) If, during an adjournment of the House, it is represented to the Speaker by a member of the Cabinet that the public interest requires that the House should meet on an earlier day than that to which it stands adjourned, the Speaker, if he or she is satisfied that the public interest does so require, may give notice accordingly and the House shall meet at the time stated in the notice.

(2) The business set down for that day shall be appointed by the government and notice of the meeting shall be circulated not later than the time of meeting.

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PART V

DUTIES OF THE CLERK AND OTHER OFFICERS OF THE HOUSE

Clerk to keep minutes of proceedings 15. (1) The Clerk shall keep minutes of proceedings of the House and of Committees of the whole House.

(2) The Clerk shall circulate copies of the minutes as soon as possible after each meeting of the House.

(3) The minutes shall record the names of members attending, and all Orders and Resolutions of the House.

(4) In the case of a division of the House or of a Committee of the whole House, the minutes shall include the number voting for and against the question and the names of members so voting or declining to vote.

(5) The person presiding and the Clerk shall sign the minutes as correct.

Clerk to prepare Order Book 16. (1) The Clerk shall prepare from day to day, and keep on the Table of the House or in the office of the Clerk, an Order Book.

(2) The Order Book shall show all business appointed for any future day, and any notices of questions or motions that have been put down for a future day or the appropriate day or, if no particular day has been selected, for an early day.

(3) The Clerk shall make the Order Book open to the inspection of members during normal office hours at times fixed by the Clerk with the concurrence of the Speaker.

Clerk to be responsible for documents laid before the House 17. (1) The Clerk is responsible for the custody of the votes and proceedings, records, bills and other documents laid before the House.

(2) The Clerk shall make the documents open to inspection by members and other persons under arrangements sanctioned by the Speaker.

Clerk to prepare Order Paper 18 (1) The Clerk shall prepare for each meeting of the House an Order Paper containing the business for the meeting.

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(2) The Clerk shall provide each member with a copy of the Order Paper prepared in respect of a meeting of the House.

Clerk to ensure that minutes of Committee meetings are kept 19. (1) The Clerk shall make arrangements to ensure that minutes of a meeting of each Committee, other than a Committee of the whole House, are kept.

(2) The Clerk shall circulate copies of the minutes of a meeting of a Committee to members of the Committee as soon as possible after the meeting.

(3) The minutes shall record the names of members attending the meeting and all decisions of the Committee.

(4) In the case of a vote of the Committee, the minutes shall include the number voting for and against the question and the names of members so voting or declining to vote.

(5) The person presiding at a meeting of the Committee shall sign the minutes as correct.

Officers of the House to act on Orders given by Chair 20. An officer of the House shall act on any order the officer receives from the Chair in pursuance of these Standing Orders.

Father or Mother of the House 21. (1) There shall be a Father or Mother of the House, who shall be the longest serving member of the House, which period shall be calculated in the aggregate.

(2) The Father or Mother of the House shall be accorded by the Speaker, precedence of order and rank in the proceedings, and the ceremonies of the House and upon invitation by the Speaker may execute protocol and ceremonial function, the rendering of ceremonial and valedictory remarks, as well as general guidance to the House on matters of practice, procedure, and the traditions of the House.

PART VI

LANGUAGE

English to be used 22. (1) Proceedings and debates in the House and in its Committees shall be conducted in the English language.

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(2) A paper, petition or other document submitted or presented for consideration by the House or a Committee of the House shall be written in the English language or accompanied by an English translation certified by the member submitting or presenting it to be correct.

PART VII

QUORUM NOTE: Section 70 of the Constitution provides— 70.—(1) A quorum of the House of Assembly shall be eight members not including the person presiding, of whom five are elected members.

(2) If at any sitting of the House of Assembly any member who is present draws the attention of the person presiding at the sitting to the absence of a quorum and, after such interval as may be prescribed in Standing Orders, the person presiding at the sitting ascertains that a quorum of the House is still not present, the House shall be adjourned.

Absence of quorum at start of sitting of House 23. (1) If, at the time of the start of a sitting of the House, a quorum is not present in the chamber of the House, the Speaker shall not take the Chair of the House.

(2) If, after fifteen minutes, a quorum is still not present the bell shall be rung for two minutes by the Clerk and if there is still no quorum present the Speaker shall adjourn the House to the next sitting day.

(3) If the Speaker is satisfied that there is likely to be a quorum within one hour or within a reasonable time he shall announce that he will take the Chair at a stated time within that hour or such other time as the Speaker may determine.

(4) If at the time specified in paragraph (3) there is no quorum the Speaker shall adjourn the House without question put.

Absence of quorum during sitting of House 24. (1) If, in accordance with section 70(2) of the Constitution, at any sitting of the House any member who is present draws the attention of the Speaker to the absence of a quorum, at the direction of the person presiding, the Clerk shall ring the bell for two minutes to summon members to the chamber of the House and if a quorum is not present within two minutes, the Speaker shall suspend the sitting for fifteen minutes and shall direct that members be summoned.

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(2) In the event that a quorum is not present within fifteen minutes, the Speaker shall adjourn the House without question put.

Lack of quorum at a Committee of whole House 25. (1) If during a sitting of a Committee of the whole House any member who is present draws the attention of the person presiding to the absence of a quorum, the person presiding shall leave the Chair.

(2) The House shall be resumed and the Speaker shall count the House.

(3) If a quorum is then present, the House shall again resolve itself into Committee.

(4) If a quorum is not then present, the Speaker shall adjourn the House without question put.

Quorum during division 26. If, from the number of members present during a division including those members who abstained from voting, it appears that a quorum is not present, the division shall be invalid, and the business then under consideration shall stand over until the next sitting or until such time as a quorum is obtained, whichever occurs first.

PART VIII

ORDER OF BUSINESS

Order of business 27. After the formal entry of the Speaker and Prayers and unless the House otherwise directs, the business of each meeting of the House is to be transacted in the following order— (a) announcements by the Speaker; (b) messages from the Governor; (c) two minute speeches by members (d) petitions; (e) papers; (f) government notices; (g) private members’ notices; (h) notices of questions;

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(i) reports from Committees; (j) first readings of bills; (k) statements by ministers; (l) personal explanations; (m) motions for leave of absence; (n) oral replies to questions; (o) notices of motions for the adjournment of the House on matters requiring urgent consideration; and (p) Orders of the day.

PART IX

MESSAGES FROM THE GOVERNOR

Notice of attendance of Governor 28. (1) This Standing Order applies if the House has been informed that the Governor will be present in the chamber of the House on a specified day.

(2) On that day no motion for the adjournment of the House may be made before the time for which the Governor's arrival has been notified, and the House may not be adjourned for lack of a quorum before that time.

Message from Governor 29. (1) A message from the Governor may be brought up at any time during a meeting of the House.

(2) The message may be considered forthwith or on a future day, as determined by the House.

PART X

PETITIONS

Form of Petition 30. A petition intended to be presented to the House shall— (a) be addressed to the House; (b) conclude with a prayer setting forth the general object of the petitioners;

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(c) bear the signatures of the petitioners or their marks duly witnessed; and (d) be endorsed by the person presenting the petition to the effect that in his or her opinion it is properly and respectfully worded.

Presentation of Petition 31. (1) A petition may be presented to the House by a member.

(2) The member shall be responsible for its compliance with requirements of Standing Order 30.

(3) A member may not present a petition for himself or herself.

(4) A member when presenting a petition to the House may state concisely the purport of the petition and may also move that it do lie on the Table or be read or printed or referred to a Select Committee.

(5) On the presentation of a petition, the Speaker shall not allow a debate on the petition or on any motion in respect of the petition.

(6) If a petition is referred to a Select Committee, individuals whose rights or interests are peculiarly affected by any proposed action or legislation to which the petition relates may be heard by the Committee in person or by a representative.

PART XI

PAPERS

Presentation of Papers 32. (1) A paper to be presented to the House shall be presented by a member of the Cabinet.

(2) The Clerk shall enter its presentation in the minutes.

(3) A member presenting a paper to the House may make a short explanatory statement of its contents.

(4) A paper presented to the House shall be ordered to lie on the Table without question put.

(5) The paper shall be printed unless the House by motion, which is to be without amendment or debate, decides otherwise.

(6) A member who has responsibility for a statutory instrument that does not require the approval of the House shall

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lay a copy of the instrument on the Table as soon as practicable after it has been made.

(7) A member who has responsibility for a statutory instrument which under any Ordinance is required to be laid on the Table of the House and against which a motion to annul can be moved shall, within the statutory period provided for such laying, lay a copy of the instrument on the Table during a sitting.

(8) A member who has responsibility for a draft instrument which cannot be made unless the House approves the draft instrument shall lay a copy of the draft instrument on the Table during a sitting.

(9) The delivery of a copy of a statutory instrument (but not an instrument against which a motion to annul may be moved or a draft instrument) to the office of the Clerk during office hours shall be deemed to be a laying.

PART XII

QUESTIONS

Questions may be put to members of Cabinet 33. A question may be put to a member of the Cabinet relating to the business of the government for which the member has responsibility.

Form of question 34. A question shall conform to the following rules— (a) a question must not publish a name or statement not strictly necessary to render the question intelligible; (b) a question shall not contain an argument, inference, imputation, epithet, or a tendentious, ironical or offensive expression; (c) a question shall not refer to a debate that has occurred or an answer that has been given in the current session; (d) a question shall not refer to proceedings in a Committee that have not been reported to the House; (e) a question shall not seek information about a matter that is of its nature secret;

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(f) a question may not ask for an expression of opinion, for the interpretation of a law or the solution of a hypothetical proposition; (g) a question may not ask whether a statement in the press or of a private individual or unofficial body is accurate; or (h) a question may not be asked that reflects on the character or conduct of a person other than in the person’s official or public capacity.

Questions that may not be asked 35. (1) A member may not ask a question that requires information that is set out in accessible documents or ordinary works of reference.

(2) A member may not ask a question— (a) that raises an issue already decided in the House during the same session; (b) that has been answered or to which an answer has been refused during the same session; or (c) that deals with a subject then under reference to a Commission of Enquiry or within the jurisdiction of a Select Committee.

(3) A member may not ask a question that reflects on a decision of a court or is likely to prejudice a case under trial.

Question not to be debated 36. The Speaker shall not allow a member to use a question as a pretext for a debate.

Statements in questions to be authenticated 37. A member who asks a question that contains a statement must be prepared to authenticate and substantiate the statement if required to do so by the member required to answer the question.

Questions in respect of Governor’s special responsibilities 38. (1) A question in respect of a subject set out in section 37(1) of the Constitution may be put to the Premier if so agreed by the Governor.

(2) However, if the Governor has delegated responsibility for answering questions on the subject to another member of the Cabinet, the question may be put to that member if so agreed by the Governor.

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NOTE: Section 37(1) and (2) of the Constitution provide— 37.—(1) The Governor, acting in his or her discretion, shall be responsible for the conduct, subject to this Constitution and any other law, of any business of the Government, including the administration of any department of government, with respect to the following matters— (a) defence; (b) external affairs; (c) the regulation of international financial services; (d) internal security, including the Police Force; and (e) the appointment of any person to any public office, the suspension, termination of appointment, dismissal or retirement of any public officer, the taking of any disciplinary action in respect of such an officer, the application to any public officer of the terms or conditions of employment of the public service for which financial provision has been made, and the organisation of the public service in so far as it does not involve new financial provision.

(2) The Governor, acting in his or her discretion, may assign to a member of the Cabinet responsibility for the conduct on behalf of the Governor of any business in the House of Assembly with respect to any of the matters mentioned in subsection (1).

Power of Speaker in respect of questions 39. (1) If the Speaker is of the opinion that a question in respect of which a member has given notice to the Clerk or in respect of which a member has sought leave to ask without notice is not in order, the Speaker may direct that it be asked with such alterations as he or she may require.

(2) If the question is out of order the Speaker shall so inform the member accordingly, specifying the Standing Order that the question infringes.

Questions without notice 40. A question may not be asked without notice unless— (a) the member has obtained the permission of the Speaker to ask the question; and (b) the Speaker is of the opinion that the question is of an urgent character, and relates either to a matter of public importance or to the arrangement of public business.

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Questions with notice 41. (1) A member who wishes to ask a question may give written notice of the question— (a) if the House is sitting, by handing the notice in at the Table; or (b) if the House is not sitting, by handing the notice to the Clerk or by sending it to the office of the Clerk or by leaving it at the office of the Clerk during office hours.

(2) The notice must be signed by the member.

(3) When giving notice of a question a member shall state if he or she requires an oral answer.

(4) However, a member may not ask more than fifteen questions that require an oral answer in the same meeting.

(5) A member must give notice of questions in writing not less than ten days before the hour of the meeting, so that the member to whom the question is addressed may receive a copy of the question at least seven days before the meeting.

Asking and answering questions requiring oral answer 42. (1) This Standing Order applies if a member has stated that he or she requires an oral answer to a question and the question appears on the Order Paper for the meeting.

(2) At question time, the Speaker shall call upon the member.

(3) The member shall rise in his or her place and ask the question by reference to its number on the Order Paper and shall read the question.

(4) The member to whom the question is addressed shall rise in his or her place and give an oral answer to the question.

(5) After an oral answer has been given, supplementary questions may, with the permission of the Speaker, be put by any member for the purpose of elucidating the answer.

(6) The Speaker may disallow a supplementary question that, in his or her opinion, introduces anything irrelevant to the original question.

Answering questions not requiring oral answer 43. If an oral answer to a question is not required, the member to whom it is addressed shall lay the answer on the Table of the House.

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Question time 44. (1) Questions are to be taken at 2 p.m. and shall continue until all answers that are then ready have been given.

(2) However, a question that has not been answered because of the absence of the member to whom it was addressed and a question to be asked with the permission of the Speaker under Standing Order 40, may be answered at the convenience of the House.

(3) If a member is not present during question time to ask his or her question when called, the member to whom the question is addressed shall lay the answer on the Table of the House unless the member asking the question has signified his or her desire before the end of question time to postpone the question to a later meeting or to withdraw it.

PART XIII

ADJOURNMENT OF THE HOUSE

Motion to adjourn 45. (1) A member of the Cabinet may move “That this House do now adjourn� at any time during a meeting.

(2) Other members may not do so except under Standing Order 46 (leave to adjourn for urgent business).

(3) Upon a motion for the adjournment moved under this Standing Order, a debate may take place in which a matter of government business for which a member of the Cabinet is responsible may be raised by a member who has obtained the right to raise a matter on a motion for the adjournment of the House that day.

(4) If time permits, the Speaker may allow any other member who has given the Speaker prior notice of the member’s wish to do so to speak on the matter raised under paragraph (3).

(5) The member of the Cabinet responsible for the matter raised under paragraph (3) has the right to reply.

(6) Thereafter, if time permits, any other member who has obtained the right may similarly raise a matter subject to the same conditions.

(7) A member who wishes to raise a matter under this Standing Order shall give written notice of the matter to the Speaker not less than three days before the meeting at which the member wishes to ask leave to raise the matter.

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(8) Subject to such notice being given, the right to raise a matter is to be allotted for each meeting through arrangements the Speaker may make.

(9) The House shall not vote on a matter debated under this Standing Order.

Leave to adjourn for urgent business 46. (1) A member, other than a member of the Cabinet, may at the time appointed under Standing Order 27 (Order of business) rise in his or her place and ask for leave to move the adjournment of the House to discuss a specific and important matter that should have urgent consideration.

(2) A member who wishes to ask leave to move the adjournment of the House under this Standing Order shall, before the commencement of the sitting, give to the Speaker a written notice if possible of the matter that the member wishes to discuss.

(3) The Speaker shall refuse to allow the claim unless he or she is satisfied of the nature of the matter and that it may properly be raised on a motion for the adjournment of the House.

(4) If the Speaker is so satisfied and the majority of the members present rise in their places to support the request, the Speaker shall fix a time during the sitting for debate on the matter.

(5) The House shall not vote on a matter debated under this Standing Order.

(6) The Speaker shall not allow more than one motion for the adjournment of the House under this Standing Order at a meeting.

PART XIV STATEMENTS BY MINISTERS

Statements by Ministers 47. (1) Ministers may make announcements or statements on government policy.

(2) A copy of the text of a statement in the House should usually be shown to the Opposition at least one hour before it is made.

(3) At the same time, a copy of the text of a statement shall in all cases be sent to the Speaker.

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PART XV

PERSONAL EXPLANATIONS

Member may give personal explanation 48. (1) A member may, with the indulgence of the House, make a personal explanation although there is no question before the House.

(2) However, no controversial matter may be brought forward, nor may debate arise upon the explanation.

PART XVI

ARRANGEMENT OF BUSINESS

Government business 49. (1) Government business for each meeting shall consist of— (a) notices of motions, being motions of which notice has been previously given; and (b) orders of the day, being matters that have been set down for a particular day in pursuance of an order of the House.

(2) Except as otherwise provided by these Standing Orders, government business shall have precedence over all other business and the government may arrange their business whether it consists of notices of motion or of orders of the day in such order as they think fit.

Private members’ business 50. (1) Private members’ business shall commence immediately after the conclusion of question time and shall be debated, subject to any other determination of the House, for no more than two hours.

(2) Private members' business shall be set down on the Order Paper for a particular day in the order in which it was entered in the Order Book for that day.

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PART XVII

MOTIONS AND AMENDMENTS

Notice of motion to be given 51. (1) Except as provided by Standing Order 52 (Exemption from giving notice), a member who wishes to move a motion in the House shall give written notice of the motion— (a) if the House is sitting, by handing the notice in at the Table; or (b) if the House is not sitting, by handing the notice to the Clerk or by sending it by any means, including electronically, to the office of the Clerk or by leaving it at the office of the Clerk during office hours.

(2) The notice must be signed and dated by the member.

(3) The Clerk shall, when circulating the notice to members, indicate the date on which the notice was handed in.

(4) Notices of motion for a meeting shall be given— (a) in the case of a motion in respect of private Members’ business, at least fourteen days before the meeting at which it is proposed to move the motion; and (b) in the case of motion in respect of government business, at least ten days before the meeting at which it is proposed to move the motion, so that each member may receive copies of the bill, resolution or motion in respect of which notice has been given at least seven days before the meeting.

(5) The Speaker may direct that a notice of motion— (a) be printed as it was handed in or with alterations determined by the Speaker; or (b) be returned to the member as being in the Speaker’s opinion out of order.

(6) A motion or an amendment to a bill sent to the Clerk shall be printed and circulated, even if it is in respect of a matter for which notice is not required.

(7) In the case of amendments to a bill, they shall be arranged, so far practicable, in the order in which they are intended to be proposed.

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(8) Except at the first meeting after a prorogation or a general election, a member other than a member of the Cabinet may not, in respect of any meeting, give notice of more than three motions.

Exemptions from giving notice 52. Notice of a motion does not have to be given in respect of— (a) a motion for the election of a Speaker or Deputy Speaker (Standing Orders 3, 4 and 5), or temporary presiding officer (Standing Order 8); (b) a motion for the adjournment of the House or of any debate (Standing Orders 13, 45, 46 and 75); (c) a motion that a petition do lie on the Table or be read, printed, discussed or referred to a Select Committee (Standing Order 31); (d) a motion that a paper laid be not printed or a motion to annul a Statutory Instrument laid on the Table (Standing Order 32); (e) a motion for the amendment of a motion (Standing Order 53); (f) a motion for the withdrawal of a bill (Standing Order 56); (g) a motion in respect of which notice has been dispensed with (Standing Order 57); (h) a motion for the closure of debate (Standing Order 76); (i) a motion for the suspension of a member (Standing Order 81); (j) subject to Standing Order 129, a motion for the first reading of a bill (Standing Order 90); (k) a motion to report progress (Standing Orders 13 and 95); (l) a motion to recommit a bill wholly or in part (Standing Order 98); (m) a motion that the House resolve itself into Committee (Standing Orders 93 and 107); (n) a motion to consider amendments proposed by the Governor (Standing Order 101);

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(o) a motion that the report of a Select Committee be referred to a Committee of the whole House (Standing Order 129); (p) a motion made in Committee of the whole House, other than in Committee of Supply (Standing Orders 96, 97 and 98); (q) a motion for the suspension of a Standing Order (Standing Order 130); (r) a motion relating to a matter of privilege (Standing Order 133); and (s) a motion for the withdrawal of strangers (Standing Order 136).

Relevance of amendments 53. (1) While a motion or bill is under consideration in the House or a Committee a member may propose an amendment to the motion or bill if it is relevant to the question or matter then under discussion.

(2) An amendment may not be made in an earlier part of a question if— (a) a latter part of the question has been amended, or has been proposed to be amended; or (b) a question has been proposed from the Chair upon such an amendment.

(3) A member may move an amendment to any amendment if it is relevant to the amendment.

Seconding of motions and amendments 54. (1) A question upon a motion or amendment to a bill shall not be proposed by the Speaker or the Chairperson unless the motion or amendment has been seconded.

(2) A record of a motion or amendment not seconded shall not be made in the minutes.

Putting the question on amendments 55. (1) The question to be proposed from the Chair on an amendment to leave out words is “That the words proposed to be left out stand part of the question”.

(2) The question to be proposed from the Chair on an amendment to insert or add words is “That the following words be inserted (or added)…”.

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(3) The first question to be proposed from the Chair on an amendment to leave out words and to insert other words is “That the words proposed to be left out stand part of the question”.

(4) The next question to be proposed if that question is negative is “That the following words be inserted (or added)…”.

(5) And the consequential question on the Clause or other motion shall then be put.

(6) If notice has been given of a subsequent amendment to words which are proposed to be left out by a previous amendment, the Chair shall, if possible, propose the question on the first amendment in such form as will enable the subsequent amendment to be moved, if the first is not carried.

Withdrawal of motions and amendments to bills 56. (1) By leave of the House or Committee and if there is no dissent, a motion or an amendment to a bill may be withdrawn at the request of the mover before the question is fully put on the motion or amendment.

(2) A motion or an amendment to a bill so withdrawn may be proposed again, if any appropriate notice is given.

(3) If an amendment has been proposed to a motion, the motion may not be withdrawn until the amendment to it has been disposed of.

(4) Unless the House otherwise orders, a motion lapses if an interval of three months has elapsed after notice of the motion has been given and no further action has been taken on the motion.

(5) Time during which the House is in recess is not to be counted in computing the interval of three months.

Dispensing with notice 57. If notice is required by virtue of these Standing Orders, it shall not be dispensed with unless the consent of the Speaker is given.

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PART XVIII

RULES OF DEBATE

Member may not read speech 58. (1) A member may not read his or her speech.

(2) However, a member may read extracts from books or papers, other than newspapers, in support of his or her argument, and may refresh his or her memory from notes.

(3) In a speech a member may read, from the authorised report of the debates, a report of a speech made in the House during a previous session.

Manner of speaking and contents of speech 59. (1) A member must confine his or her speech to the subject under discussion, and may not introduce irrelevant matter.

(2) In a speech a member may not refer to a matter on which a judicial decision is pending in such a way that might, in the opinion of the Chair, prejudice the interests of parties to the matter.

(3) Except in respect of a substantive motion for rescission, a member may not reflect on a vote of the House or attempt to reconsider a specific matter upon which the House has come to a conclusion during the current session.

(4) A member may not include offensive or insulting language in relation to another member.

(5) A member must not refer to another member by name.

(6) A member must not impute improper motives to another member.

(7) A member must not use the name of the Queen or the Governor to influence the House.

(8) Except in respect of a substantive motion, a member must not refer to the conduct of the Queen, members of the Royal Family, the Governor, members, judges or the performance of judicial functions by any person.

(9) Except by indulgence of the House, or in a personal explanation, in a speech a member may not allude to a debate of the same session upon a question or bill not then under discussion.

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(10) If the person presiding requires a member to withdraw a statement the person presiding may also require the statement to be expunged from the records of the House.

References to character or conduct of persons 60. (1) A member must not refer to the character or conduct of a person except in his or her official or public capacity.

(2) If a member wishes to refer to the character or conduct of a person in his or her official or public capacity, the member must deliver to the Speaker written notice of the proposed reference.

(3) The notice must set out the facts on which the reference will be based and must be signed by the member giving it.

Member to rise to speak 61. (1) A member who wishes to speak shall rise in his or her place and, if called upon by the Chair, address his or her speech to the Speaker or Chairperson.

(2) If two or more members rise at the same time, the Speaker or Chairperson shall call upon the member who first caught his or her eye.

Limit on speeches by members 62. (1) A member may not speak more than once on a proposition except— (a) in Committee; (b) by way of explanation, as permitted by in paragraph (3); (c) as permitted by Standing (supplementary question); or

Order

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(d) in the case of the mover of a substantive motion or the member in charge of a bill, in reply.

(2) However, a member may second a motion, without prejudice to his or her right to speak in respect of the motion.

(3) A member who has spoken to a question may again be heard to offer an explanation of some material part of his or her speech that has been misunderstood so long as no new matter is mentioned.

(4) A member who has spoken may speak again when a new question has been proposed by the Speaker or Chairperson

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(for example, a proposed amendment, or a motion for the adjournment of the debate or a dilatory motion).

Debates in Committee of whole House 63. In a debate on a bill in Committee of the whole House, a member may speak more than once on a clause or schedule.

Right of reply 64. (1) A member who has moved a motion may reply after all the other members present have had an opportunity to speak and before the question is put.

(2) After a reply has been delivered, no member may speak, other than a member of the Cabinet who may conclude a debate on a motion that— (a) is critical of the Government; or (b) reflects adversely on or is calculated to bring discredit upon a government officer.

PART XIX

TIME LIMIT ON SPEECHES AND DEBATES

Debate on government business 65. (1) In a debate on a government Order, a member may speak for up to twenty minutes, except on the third reading of a bill when a member may speak for up to ten minutes (2) However, these time limits do not apply to the Premier, a member moving a government Order, and the Leader of the Opposition or the member who speaks first on behalf of the Opposition.

Address in reply to speech of Governor 66. (1) In a debate on a motion for an Address in Reply to the Speech of the Governor on the opening of a session of the House a member may speak for up to twenty minutes.

(2) However, this time limit does not apply to the Premier, the member replying on behalf of the government or the Leader of the Opposition.

Adjournment debates 67. (1) A debate on a motion for the adjournment of the House under Standing Order 45 shall not exceed one hour.

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(2) A debate on a motion for the adjournment of the House under Standing Order 46 shall not exceed 1½ hours.

Debate on private members’ business 68. (1) In a debate on a matter of private members’ business, a member may speak for up to twenty minutes.

(2) The mover of the motion in exercising his or her right of reply may speak for up to twenty minutes.

(3) However, these time limits do not apply to a member in moving a motion of “No-Confidence” in the government or to a member of the Cabinet who speaks in final reply to such a motion.

Total time for debate 69. With the consent of the majority of the House present, the Speaker may fix the total time to be allocated on a motion in respect of government business or in respect of private members’ business.

PART XX

BEHAVIOUR DURING DEBATES

Interruptions 70. (1) A member may not interrupt the speech of another member except— (a) to raise a point of order; (b) subject to paragraph (3), to elucidate some matter raised by the member in the course of his or her speech; (c) subject to Standing Order 76, to move or second the motion “That the question be now put”; or (d) subject to Standing Order 133, to propose a motion on a matter of privilege.

(2) If during the speech of a member another member raises a point of order the member speaking shall resume his or her seat and the member interrupting shall simply direct attention to the point of order that he or she wishes to bring to notice and submit it to the Speaker or Chairperson for decision.

(3) If during the speech of a member another member seeks elucidation on a matter raised in the speech, the Speaker or

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Chairperson shall not permit the other member to speak unless the member speaking is willing to give way.

(4) A member who wishes to speak on a question of order during a division must rise in his or her place and make his or her point when the member is called upon by the Speaker or Chairperson.

(5) If a member rises on a point of order or a point of elucidation and a statement made by the member is ruled not to be a point of order or a point of elucidation, the person presiding may require the statement and any comment made in respect of it by any other member to be expunged from the records of the House.

Behaviour by members not speaking 71. A member while present in the chamber of the House during a debate— (a) must at all times conduct himself or herself with dignity and decorum; (b) must be uncovered and shall make an obeisance to the Chair when passing to or from his or her place; (c) must not pass between the Chair and a member who is speaking, or between the Chair and the Table; (d) must take his or her place in the chamber of the House and not stand in a passage or door; and (e) must maintain silence except when called to speak by the Chair.

PART XXI

SCOPE OF DEBATES

Debate to be relevant 72. (1) The debate in respect of a motion, a bill or an amendment to a motion or a bill must be relevant to the motion, bill or amendment.

(2) However, this does not apply to a motion under Standing Order 45 or 46.

Debate on certain amendments 73. (1) If an amendment proposes to leave out words and to add or insert other words in their place, debate in respect of the

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first question proposed on the amendment may include both the words proposed to be left out and those proposed to be inserted or added.

(2) On an amendment proposing only to leave out words or to insert or add words, debate shall be confined to the omission, insertion or addition of the words, as the case may be.

Anticipation 74. (1) It is out of order to anticipate an Order of the Day by a discussion on a motion or amendment dealing with the subject matter of an Order of the Day prior to the consideration of that Order.

(2) It is out of order to anticipate an Order of the Day or a notice of motion or a reply to a question by discussion upon— (a) an amendment; or (b) a motion for the adjournment of the House.

(3) In determining whether a discussion is out of order on the grounds of anticipation, regard shall be had by the Chair to the probability of the matter anticipated being brought before the House within a reasonable time.

Debate on dilatory motion 75. (1) The debate in respect of a dilatory motion shall be confined to the matter of the motion.

(2) A member who has made or seconded a dilatory motion may not move or second a similar motion during the same debate.

PART XXII CLOSURE OF DEBATES

Closure of debate 76. (1) After a question has been proposed, a member rising in his or her place may claim to move “That the question be now put”.

(2) Unless it appears to the Speaker or Chairperson that the motion is an abuse of the rules of the House, or an infringement of the rights of the minority, the question “That the question be now put” shall be put forthwith and decided without amendment or debate.

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(3) If the motion “That the question be now put” has been carried, and the question consequent on the question has been decided, a member may claim that any other question already proposed from the Chair be now put.

(4) If the assent of the Chair is given, the question shall be put forthwith and decided without amendment or debate.

(5) In a division upon the question “That the question be now put”, the question shall not be decided in the affirmative unless it appears by the numbers declared by the Speaker or Chairperson, that at least eight members voted in the majority in support of the motion.

PART XXIII RULES OF ORDER

Chair to be heard in silence 77. (1) If the Speaker or Chairperson rises during a debate, any member then speaking or offering to speak must resume his or her seat.

(2) The House or Committee must be silent so that the Speaker or Chairperson may be heard without interruption.

Decision of Chair final 78. (1) The Speaker in the House and the Chairperson in a Committee is responsible for the observance of the rules of order in the House or Committee.

(2) Their decision upon a point of order is not open to appeal and is not to be reviewed by the House except upon a substantive motion made after notice.

(3) Despite the other requirements for giving notice set out in these Standing Orders, such a motion does not require more than two days’ notice and is not to be construed as a motion of no-confidence in the Speaker or Chairperson.

Irrelevance or tedious repetition 79. The Speaker or, in a Committee of the whole House, the Chairperson may, after calling the attention of the House or Committee to the conduct of a member who, in debate, is persisting in irrelevance or tedious repetition of his or her own argument or of that of another member, direct the member to discontinue his or her speech and resume his or her seat.

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Grossly disorderly conduct 80. The Speaker or, in a Committee of the whole House, the Chairperson shall order a member whose conduct is grossly disorderly to withdraw immediately from the House during the remainder of the day’s sitting.

Member may be named 81. (1) The Speaker or, in a Committee of the whole House, the Chairperson may name a member.

(2) The Speaker or Chairperson may do so if he or she consider that the action that may be taken under Standing Order 80 is inadequate or that the member has disregarded the authority of the Chair or has persistently and wilfully obstructing the business of the House by abusing the rules of the House or otherwise.

(3) If two or more members have jointly disregarded the authority of the Chair they may be named together.

(4) If a member is named in the House the Speaker shall forthwith put the question on a motion being made, no amendment, adjournment or debate being allowed, “That [name of member] be suspended from the service of the House”.

(5) If the member is named in a Committee of the whole House, the Chairperson shall forthwith suspend the proceedings of the Committee and report the circumstance to the House, and the Speaker shall, on a motion being made, forthwith put the same question, no amendment, adjournment or debate being allowed.

(6) The member’s suspension from the service of the House lasts for one meeting on the first occasion, for two meetings on the second occasion, and for three meetings on any subsequent occasion.

Refusal by member to withdraw 82. (1) If a member who has been suspended from the service of the House refuses to obey the direction of the Speaker to withdraw when summoned under the Speaker’s orders by the Sergeant-at-Arms to obey the direction, the Speaker shall call the attention of the House to the fact that recourse to force has been necessary in order to compel obedience to his or her direction.

(2) When the member named by the Speaker as having refused to obey his or her direction has been removed from the House, the Speaker shall thereupon without any further question being put suspend the member from the service of the House during the remainder of the session.

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Member to withdraw 83. (1) A member who has been ordered to withdraw from the House or who has been suspended from the service of the House must forthwith withdraw from the precincts of the House’s meeting place.

(2) The member must not enter the precincts of the House’s meeting place for the remainder of the sitting or for the period of his or her suspension, as the case may be.

Speaker may adjourn for grave disorder 84. In the case of grave disorder arising in the House, the Speaker may, without putting any question, adjourn the House or suspend the sitting for a time to be named by the Speaker.

Power of House retained 85. Nothing in these Standing Orders is to be interpreted as depriving the House of the power of proceeding against a member according to a resolution of the House.

PART XXIV

VOTING

Voting 86. (1) Section 68 of the Constitution applies.

(2) Where a member has a pecuniary interest in the question he or she is not entitled to vote and must withdraw from the chamber of the House.

NOTE 1: Section 68 of the Constitution provides— 68.—(1) Save as otherwise provided in this Constitution, all questions proposed for decision in the House of Assembly shall be determined by a majority of the votes of the elected and appointed members present and voting.

(2) The person presiding shall not vote unless on any question the votes are equally divided, in which case he or she shall have and exercise a casting vote.

NOTE 2: Section 44 of the Constitution provides that a majority of the votes of the elected and appointed members of the House is required to elect the Speaker or Deputy Speaker.

NOTE 3: Section 43(2) provides that the Attorney General shall not have the right to vote in the House.

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Question to be put 87. (1) At the conclusion of a debate upon a question the Speaker or, in the case of a Committee, the Chairperson shall put the question for the decision of the House or Committee.

(2) A question is fully put when the Speaker or Chairperson has collected the voices of the “Ayes” and of the “Noes” and of the “abstains”.

(3) No further debate may thereafter take place upon that question.

(4) The result shall be declared by the Speaker or Chairperson.

Division may be called for 88. (1) Immediately after the Speaker or the Chairperson has declared his or her decision on a vote, a member may challenge the decision and claim a division.

(2) If a division is claimed, the person presiding shall direct the Clerk to ring the bell for one minute.

(3) The question shall again be put by the Speaker or Chairperson.

(4) Each member then present in the chamber is entitled to vote.

(5) In a division the Clerk shall call each member’s name individually in the order of sitting.

(6) Each member present, unless he or she expressly abstains from voting, shall record his or her vote either for the “Ayes” or the “Noes”.

(7) As soon as the Clerk has collected the votes, the Speaker or Chairperson shall state the numbers voting for the “Ayes” and for the “Noes” respectively and the number of abstention.

(8) The Speaker or Chairperson shall then declare the result of the division or give his or her casting vote, as the case may be.

(9) The Clerk shall enter on the minutes of proceedings the record of each member’s vote, the names of the members present who abstained and any manner in which the presiding officer exercised his or her casting vote.

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Vote in error 89. (1) If a member states that he or she voted in error or that his or her vote has been counted wrongly, the member may claim to have the vote altered.

(2) However, the member may only do so if the request is made before the Speaker or Chairperson has declared the result of the division.

PART XXV

PROCEDURE ON BILLS NOTE: Section 71 of the Constitution provides— 71.—(1) Subject to this Constitution and to Standing Orders, any member may introduce any bill or propose any motion for debate in, or may present any petition to, the House of Assembly, and the same shall be debated and disposed of according to Standing Orders.

(2) Except on the recommendation of the Government signified by a Minister or by the Governor, acting in his or her discretion, the House of Assembly shall not— (a) proceed on any bill (including any amendment to a bill) which, in the opinion of the person presiding in the House, makes provision for imposing or increasing any tax, for imposing or increasing any charge on the revenues or other funds of the Islands or for altering any such charge otherwise than by reducing it, or for compounding or remitting any debt due to the Islands; or (b) proceed on any motion (including any amendment to a motion) the effect of which, in the opinion of the person presiding in the House, is that provision would be made for any of the purposes mentioned in paragraph (a).

Introduction and first reading 90. (1) A member may introduce a bill of which he or she has given notice.

(2) The first reading of a bill shall be proposed immediately after the bill has been called.

(3) The first reading of a bill may be proposed immediately after notice of the bill has been given in the House.

(4) The question “That this bill be now read a first time” is to be decided without amendment or debate.

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(5) Unless the House agrees to proceed with a bill at an earlier date, an interval of not less than seven days must elapse between the first and second readings of a bill.

Printing and circulating bills 91. (1) The Clerk shall arrange for the printing of a bill from the original bill handed in by the member in charge of the bill.

(2) Before a bill is printed, the Clerk shall ensure that— (a) the bill is divided into clauses numbered consecutively; (b) each clause has a headnote; (c) the provisions of the bill do not go beyond its title; (d) if section 71 (2) of the Constitution applies, the provision of that section have been complied with; and (e) no provision of the bill is inconsistent with a provision of Part 1 of the Constitution (Fundamental rights and freedoms of the individual).

(3) As soon as practicable after a bill has been printed, the Clerk shall send a copy of the bill to each member, together with any explanatory memorandum provided by the member in charge of the bill.

(4) The Clerk shall as soon as practicable after a bill has been printed cause it to be published in the Gazette.

Second reading of bills 92. (1) A bill may not be read a second time— (a) until it has been printed; (b) a copy of it has been sent to each member; and (c) it has been published in the Gazette.

(2) When the order for the second reading of a bill is called, a motion may be made “That the bill be now read a second time”.

(3) A debate may arise covering the principles and general merits of the bill.

(4) During the second reading of a bill, an amendment may be proposed to the question “That the bill be now read a second time”, to leave out the word “now”, and to substitute a later, specific date in its place.

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(5) An amendment may also be moved to leave out all the words after the word “That” in order to add words stating the object and motive on which the opposition to the bill is based.

(6) However, those words must be strictly relevant to the principle of the bill and not deal with its details.

(7) If on an amendment to the question that a bill be now read a second time it is decided that the word “now”, or any words proposed to be left out, stand part of the question, the Speaker must forthwith declare the bill to be read a second time.

Committal of bills 93. After a bill has been read a second time, the House may on a motion without notice moved by any member, commit the bill to a Committee of the whole House or to a Select Committee.

Instructions to Committees 94. (1) Instructions to a Committee may be included in the motion for committal, but shall not be moved by way of amendment.

(2) An instruction to order a Committee to make a provision in a bill or to empower a Committee to make a provision shall not be moved, if it already has power to make the provision.

Committee of the whole House 95. (1) If a bill has been committed to a Committee of the whole House and a member, before the conclusion of proceedings on the bill, moves to report progress and the motion is carried, the Chairperson shall leave the Chair and report progress to the House and shall ask leave to sit again.

(2) If a bill has been committed to a Committee of the whole House and the proceedings have not been finished at the conclusion of a meeting, the Chairperson shall leave the Chair and report progress to the House and shall ask leave to sit again.

Functions of Committees on bills 96. (1) A Committee to which a bill has been committed must only discuss its details and not its principles.

(2) A Committee may make such amendments relevant to the subject matter of the bill as it thinks fit.

(3) If any amendments are not within the title of the bill, the Committee shall amend the title accordingly and report the matter to the House.

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Proceedings in Committees on bills 97. (1) In a Committee to which a bill has been committed, the Clerk shall call the number of each clause in succession.

(2) However, with the agreement of the Committee, several clauses may be called together or, if the bill is divided into Parts, the bill may be called in Parts, without prejudice to the right of the Committee to discuss or amend any clause.

(3) If no amendment is offered or when all amendments proposed have been disposed of, the Chairperson shall put the question on the matter then under discussion.

(4) Any proposed amendments of which notice in writing has not been given shall be handed to the Chairperson in writing.

(5) An amendment may not be moved if it is inconsistent with a clause already agreed upon or a decision already come to by the Committee.

(6) The Chairperson may, at any time during discussion of a proposed amendment, withdraw it from consideration of the Committee if, in his or her opinion, discussion has shown that the amendment contravenes provisions of these Standing Orders.

the the the the

(7) Unless the question on a clause has been fully put from the Chair it may be postponed.

(8) Postponed clauses shall be considered after the remaining clauses of the bill have been considered and before new clauses are proposed.

(9) Any proposed new clause shall be considered after the clauses of the bill as printed have been disposed of and before consideration of any schedule to the bill.

(10) However, a new clause proposed in substitution for a clause that has been disagreed to may be considered immediately after the disagreement.

(11) When the title of a new clause is read by the Clerk, the clause is to be taken as having been read a first time.

(12) The question shall then be proposed “That the clause be read a second time”.

(13) If this is agreed to, amendments may then be proposed to the new clause.

(14) The final question to be proposed shall be “That the clause (or the clause as amended) be added to the bill”.

(15) The consideration of any schedule of a bill shall follow the consideration of its clauses.

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(16) A schedule shall be called by the Clerk and may be amended in the same manner as a clause.

(17) The question shall then be proposed “That this be the Schedule (or That the Schedule, as amended, be the Schedule) to the bill”.

(18) The consideration of a new schedule shall follow the consideration of any original schedule.

(19) A new schedule shall be considered in the same manner as a new clause.

(20) If there is a preamble to the bill, it stands postponed without question put until the clauses and any schedule (including any new clause and new schedule) have been disposed of.

(21) After any necessary amendment to the preamble has been made the question shall then be put “That this be the preamble to the bill”.

(22) If an amendment to the title of the bill becomes necessary by virtue of an amendment to the bill, it shall be made at the conclusion of all the previous proceedings.

(23) However, no question shall be put that the title (or the title as amended) stands part of the bill.

(24) At the conclusion of all the proceedings, the Chairperson shall on motion made put the question “That I do now report the passing of the bill (or the bill with amendments) to the House”.

(25) The motion shall be decided without amendment or debate.

Recommittal of bills reported from Committee of whole House 98. (1) If a member desires to delete or amend a provision contained in a bill as reported from a Committee of the whole House or to introduce a new provision in the bill, the member may at any time before a member rises to move the third reading of the bill move that the bill be recommitted either wholly or in respect only of a particular part of the bill or a proposed new clause or new schedule.

(2) Notice of a motion for recommittal is not required, and if the motion is agreed to the bill stands so recommitted.

(3) The House shall then upon motion made resolve itself into Committee to consider the business so recommitted either forthwith or upon a later day.

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(4) If the bill has been recommitted in respect only of a particular part or a proposed new clause or new schedule, the Committee may consider only the matter so recommitted and any amendment which may be moved in respect of the matter so recommitted.

(5) At the conclusion of the proceedings in Committee on a bill recommitted under this Standing Order, the Chairperson shall put the question “That the bill (or the bill as amended on recommittal) be reported to the House”.

(6) The question shall be decided without amendment or debate.

Third reading of bills 99. (1) After a bill has been reported from a Committee, other than a Select Committee, the member in charge of the bill may move that it be read a third time.

(2) On the third reading of a bill dilatory amendments may be proposed to the question “That the bill be now read a third time” similar to those which may be proposed on a second reading.

(3) Amendments for the correction of errors or oversights may, with the Speaker’s permission, be made before the question of the third reading of the bill is put from the Chair.

(4) However, no amendments of a material character may be proposed.

(5) After the bill has been read the third time, a question is put “That this bill do now pass”.

(6) The question shall be decided without amendment or debate, after which the title of the bill is agreed to.

Assent 100. A bill read a third time and passed by the House must be signed by the Speaker and submitted to the Governor by the Clerk with a message desiring the Governor’s assent.

NOTE 1: Section 73 of the Constitution provides— 73.—(1) A bill shall not become law until— (a) the Governor has assented to it in Her Majesty’s name and on Her Majesty’s behalf and has signed it in token of his or her assent; or (b) Her Majesty has given Her assent to it through a Secretary of State and the Governor has signified Her assent by proclamation published in the Gazette.

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(2) When a bill is presented to the Governor for his or her assent, the Governor shall, subject to this Constitution and to any instructions addressed to him or her by Her Majesty through a Secretary of State, declare that he or she assents, or refuses to assent, to it, or that he or she reserves the bill for the signification of Her Majesty’s pleasure; but the Governor shall reserve for the signification of Her Majesty’s pleasure any bill which appears to him or her, acting in his or her discretion— (a) to be in any way repugnant to, or inconsistent with, this Constitution; (b) to be in any way inconsistent with the Statement of Governance Principles for the time being in effect; (c) to be in any way inconsistent with any international obligation; (d) to affect any matter for which the Governor is responsible under section 37; (e) to affect the integrity or independence of the public service, of the administration of justice or of any institution protecting good governance; or (f) to determine or regulate the privileges, immunities or powers of the House of Assembly or of its members, unless the Governor has been authorised by a Secretary of State to assent to it.

(3) Subsection (2) is without prejudice to section 116(4).

NOTE 2: Section 116(4) of the Constitution provides— (4) The Governor, acting in his or her discretion and with the prior approval of a Secretary of State, may refuse to assent to any Appropriation Bill or Supplementary Appropriation Bill if in his or her judgement the enactment of that bill would be inconsistent with section 109 or the Statement of Governance Principles for the time being in effect.

Further proceedings on bills 101. (1) If a bill is returned by the Governor with a list of amendments recommended by him or her, the member in charge of the bill may move for the consideration of the amendments forthwith or on a future date.

(2) The motion shall be decided without amendment or debate.

(3) Upon consideration of the amendments recommended by the Governor, the House may agree, or disagree or make amendments to them, or may propose amendments in lieu the amendment.

(4) The bill shall be returned to the Governor by the House.

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(5) If further amendments have been made to the bill, it shall be returned with a list of amendments.

(6) If an amendment recommended by the Governor has been disagreed to, the bill shall be returned with a list of reasons for the disagreement.

(7) The bill shall be returned with a message desiring the assent of the Governor.

NOTE: Section 74 of the Constitution provides— 74. The Governor, acting in his or her discretion, may return to the House of Assembly any bill presented to him or her for his or her assent, transmitting with it any amendments which he or she may recommend, and the House shall deal with such recommendation.

Withdrawal of bills 102. (1) A bill may be withdrawn by leave of the House, or of a Committee of the whole House, as the case may be.

(2) It may be withdrawn— (a) before the business; or

commencement

of

government

(b) when any stage of the bill is reached in the Order of business if, before the Question is fully put, the mover so requests.

Bills containing substantially the same provisions 103 . (1) After the second reading of a bill has been agreed to or negatived, no question may be proposed during the same session for the second reading of another bill containing substantially the same provisions.

(2) On an Order of the Day relating to such a bill being called, the Speaker shall direct that the bill be withdrawn.

PART XXVI

APPROPRIATION BILLS NOTE: Section 116(1) of the Constitution provides— 116.—(1) The heads of expenditure contained in the estimates, other than expenditure charged on the Consolidated Fund by this Constitution or any Ordinance, shall be included in a bill, to be known as an Appropriation Bill, which shall be introduced into the House of Assembly to provide for the issue from the Consolidated Fund of the sums necessary to meet that

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expenditure and the appropriation of those sums for the purposes specified in the bill.

Appropriation Bill 104. (1) The member of the Cabinet responsible for finance shall, in respect of each financial year, as soon as may be before the commencement of that financial year, introduce in the House of Assembly an Appropriation Bill containing, under appropriate Heads for the several services required, the estimated aggregate sums which are proposed to be expended (otherwise than by way of Statutory Expenditure) during that financial year.

(2) The details of proposed expenditure showing separately statutory and other expenditure shall be contained in the Estimates which shall be presented at the same time.

House may fix time for debate on Appropriation Bill 105. (1) The House may fix a period of time for debate on an Appropriation Bill.

(2) However it may only fix a period if the Speaker is satisfied that the rights of members to a full debate are protected.

(3) The time limit specified in paragraph (2) shall not apply to the Premier, the member in Cabinet responsible for finance, the Leader of the Opposition or the member who speaks first on behalf of the Opposition.

Second reading of Appropriation Bill 106. After the motion for the second reading of an Appropriation Bill has been proposed and seconded, the debate on the Bill shall be confined to the general principles of government policy and administration as indicated by the Bill and estimates.

Committee of Supply 107. After an Appropriation Bill has been read a second time, it shall stand committed to a Committee of the whole House called the Committee of Supply.

Procedure in Committee of Supply 108. (1) The estimates laid before the House in accordance with section 115(1) of the Constitution shall be debated before the clauses of the Appropriation Bill.

(2) Upon consideration of the Estimates, the Clerk shall call the title of each Head of Expenditure in turn.

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(3) The member responsible for the Head shall propose the motion “That the sum of $... for Head … stand part of the Schedule.”.

(4) Debate may take place on that motion.

(5) If a member other than a member of the Cabinet proposes to move an amendment to reduce the sum to be allotted for a Head of Expenditure, the member must give at least twentyfour hours’ notice of the amendment.

(6) If more than one amendment is proposed to the same Head, the amendment seeking a reduction to the smallest sum shall be proposed first.

(7) An amendment to omit a sub-head or item may only be proposed after all motions for reduction have been disposed of.

(8) In accordance with section 71(2) of the Constitution, the Committee shall not, except on a recommendation of— (a) the Government signified by a Minister; or (b) the Governor, acting in his or her discretion, proceed on an amendment that, in the opinion of the person presiding in the Committee, would increase the sum to be allotted for a Head of Expenditure.

(9) After all amendments that have been moved in respect of a Head of Expenditure have been disposed of, or if no amendment has been proposed, when debate on the Head has ended, the Chairperson shall put the question: “That the sum of $... for Head … stand part of the Schedule”, or “That the (increased) (reduced) sum of $ … for Head … stand part of the Schedule”, as the case may be.

(10) On either of those motions the debate shall be confined to the policy of the service for which the money is to be provided and to principles of expenditure, and may refer to the details of revenue or funds for which that service is responsible.

(11) A member may speak for up to fifteen minutes at any one time.

(12) However, the time limit is thirty minutes in respect of the speech of the member moving— (a) a Head of Expenditure, or replying to the debate on the Head; or (b) an amendment to reduce or increase the sum to be allotted for a Head of Expenditure or replying to the debate on the amendment.

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(13) On the last of the allotted days, the Chairperson shall, thirty minutes before the scheduled end of the debate, put every question necessary to dispose of the vote then under consideration.

(14) The Chairperson shall then put the question with respect to each Head of the Estimates that the total amount of the votes outstanding in that Head be granted for the purposes set out under that Head.

(15) The Chairperson shall then put the question with respect to each Clause and Schedule of the Appropriation Bill that the Clause be passed or the Schedule be a Schedule to the Bill.

(16) No debate or amendment shall be allowed.

Third reading of Appropriation Bill 109. (1) After an Appropriation Bill and the Estimates have passed the Committee of Supply, the Bill shall be reported forthwith to the House.

(2) A motion for the third reading of the Bill shall then be made by a member of the Cabinet.

(3) The motion shall be decided without debate.

Supplementary estimates and Supplementary Appropriation Bills 110. The provisions of these Standing Orders that apply to Appropriation Bills shall apply equally to Supplementary Appropriation Bills except that the reference in Standing Order 108 (1) to the Estimates laid before the House in accordance with section 115(1) of the Constitution shall be read as the supplementary estimates laid before the House in accordance with section 116(2) of the Constitution.

NOTE: Sections 116(2) and (3) of the Constitution provides— (2) If in respect of any financial year it is found that the amount appropriated for any purpose under the Appropriation Ordinance is insufficient or that a need has arisen for expenditure for a purpose for which no amount has been appropriated by that Ordinance, a supplementary estimate showing the sums required shall be laid before the House of Assembly by the Minister of Finance, and the Appropriations Committee shall scrutinise that estimate and make recommendations in relation to it to the House.

(3) The heads of expenditure contained in a supplementary estimate shall be included in a bill, to be known as a Supplementary Appropriation Bill, which shall be introduced into the House of Assembly to provide for the

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issue from the Consolidated Fund of the sums necessary to meet that expenditure and the appropriation of those sums for the purposes specified in the bill.

PART XXVII

SELECT COMMITTEES

The House Committee 111. (1) The House shall appoint a House Committee at the commencement of each session.

(2) The Committee shall— (a) superintend printing executed by order of the House; (b) select and arrange for printing Reports and Papers presented in pursuance of motions made by members; (c) regulate matters connected with the comfort and convenience of members; and (d) exercise such other functions as are allocated to the Committee by law.

(3) The Committee is to consist of the Speaker and five members.

(4) The Speaker shall be its Chairperson.

(5) A quorum of the Committee is the Chairperson and three other members.

Standing Orders Committee 112. (1) The House shall appoint a Standing Orders Committee at the commencement of each session.

(2) The Committee shall consider and report to the House on all matters relating to the Standing Orders of the House.

(3) The Committee is to consist of the Speaker and five members.

(4) The Speaker shall be its Chairperson.

(5) A quorum of the Committee is the Chairperson and three other members.

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Privileges Committee 113 . (1) The House shall appoint a Privileges Committee at the commencement of each session.

(2) The Committee shall consider and report on any matter that appears to affect the powers and privileges of the House including any alleged breach of those privileges by a member that is referred to it by the House.

(3) The Committee is to consist of the Speaker and five other members of the House including the Speaker as its Chairperson.

(4) A quorum of the Committee is the Chairperson and three members.

Other select committees 114. (1) The House may appoint other select committees.

(2) A committee appointed under this Standing Order may be appointed to consider or inquire into and take evidence upon a matter or bill as determined by the House.

(3) The committee shall report its findings to the House.

(4) A committee appointed under this Standing Order shall consist of members appointed by the House or, in the absence of such an appointment, of members appointed by the Speaker.

(5) Unless otherwise directed by the House, a committee appointed under this Standing Order shall elect a Chairperson from its members.

PART XXVIII STANDING COMMITTEES

Appropriations Committee 115. Sections 105, 114 and 115 and of the Constitution apply.

NOTE 1: Sections114 and 115 of the Constitution provides— 114.—(1) There shall be an Appropriations Committee of the House of Assembly, which shall consist of at least three members of the House appointed by the Speaker from among members who are not Ministers, at least one of whom shall be a member of the House in opposition to the Government.

(2) The Appropriations Committee may co-opt to its membership up to two persons who are not members of the House of Assembly, either on a

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continuing basis or for the purpose of a specific enquiry conducted by the Committee, and shall be assisted in its work by the Permanent Secretary, Finance or his or her nominee and permanent Committee staff.

(3) The Appropriations Committee shall have power to compel the production of documents and evidence from Ministers, departments of government and public officers, and shall meet in public.

(4) The Appropriations Committee shall have and exercise the functions conferred on it by this Constitution and such other functions as may be conferred on it by any other law or by Standing Orders.

(5) The House of Assembly shall publish all reports of the Appropriations Committee without delay.

115.—(1) At least six weeks before the beginning of each financial year the Minister of Finance shall cause to be prepared and laid before the House of Assembly— (a) estimates of revenues and expenditure of the Government for that financial year; and (b) a document setting out targets for revenue and expenditure for the next three financial years, and an assessment of performance against the debt sustainability limits as set out in the framework document published under section 109(4) which is for the time being in effect, and the House shall publish those estimates and that document without delay.

(2) Before the House of Assembly considers the estimates laid before it under subsection (1)(a), the Appropriations Committee shall scrutinise those estimates and make recommendations in relation to them to the House in sufficient time for an Appropriation Bill to be passed by the House before the beginning of the financial year in question.

NOTE 2: Section 105 of the Constitution provides— 105.—(1) Before the commencement of each financial year— (a) each institution protecting good governance shall submit to the Appropriations Committee of the House of Assembly a bid for its budget for that financial year; (b) the Appropriations Committee shall scrutinise each bid in public hearings and, having satisfied itself that the bid conforms to the Government’s current budget policies and made any amendments it considers necessary for that purpose, recommend to the House of Assembly a budget for each institution for that financial year.

(2) The House of Assembly may pass or reject a budget recommended to it under subsection (1)(b), but may not amend it.

(3) If the House of Assembly passes a budget recommended to it under this section, that budget shall form part of the Appropriation Ordinance for that financial year.

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(4) If the House of Assembly rejects a budget recommended to it under subsection (1)(b), the Appropriations Committee shall reconsider the budget in question and, after consulting the institution concerned, recommend a revised budget to the House of Assembly; and the same procedure shall be followed if the House rejects a revised budget recommended to it.

(5) This section is without prejudice to section 72.

Public Accounts Committee 116. Section 122 of the Constitution applies.

NOTE: Section 122 of the Constitution provides— 122.—(1) There shall be a Public Accounts Committee of the House of Assembly which shall consist of— (a) at least three members of the House appointed by the Speaker from among members who are not Ministers; and (b) two persons expert in public finance who are not members of the House, one of whom shall be appointed by the Speaker and one of whom shall be appointed by the Governor, acting in his or her discretion.

(2) The Chairman of the Public Accounts Committee shall be a member of the House of Assembly in opposition to the Government (without prejudice to the appointment of other such members to the Committee).

(3) A person appointed under subsection (1)(b) shall cease be a member of the Public Accounts Committee— (a) at the expiration of the period for which he or she was appointed; (b) if he or she becomes a member of the House of Assembly; or (c) if the person who made the appointment revokes it, acting in his or her discretion.

(4) If in respect of any item of business before the Public Accounts Committee the Governor, acting after consultation with the Speaker and the Chairman of the Committee, considers that a member of the Committee has a conflict of interests, the Governor, acting in his or her discretion, may appoint another person (whether or not a member of the House of Assembly) temporarily to replace that member of the Committee for the purpose of dealing with the business in question; and a member so replaced shall not sit on the Committee when the Committee is dealing with that business.

(5) The Public Accounts Committee shall examine and report to the House of Assembly on— (a) the reports submitted to the Committee by the Auditor General under section 126(4); and

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(b) such management letters and reports of the Auditor General as have been submitted to the Committee or as have been laid before the House or as the Auditor General has brought to the attention of the House; and shall have and exercise such other functions, and shall operate under such procedures, as are prescribed by this Constitution or as may be prescribed by Ordinance or by Standing Orders.

(6) The Public Accounts Committee shall have power to compel the production of documents and evidence from Ministers, departments of government and public officers, and shall meet in public.

(7) The Public Accounts Committee shall report to the House of Assembly by the date set by the House or by its terms of reference, whichever is the earlier; and except as otherwise provided in the Committee’s terms of reference, such a report may be with or without recommendations.

(8) If the House of Assembly adopts a report of the Public Accounts Committee, and requests the responsible member of the Cabinet to advise the House of the action proposed to be taken by the Government in respect of the report, the member concerned shall convey the Government’s response to the House not later than the first sitting day following the expiration of six weeks after the date of the House’s request, unless the House extends the time for the response.

(9) The Auditor General shall be adviser to the Public Accounts Committee, and the Committee shall not meet without the presence of the Auditor General or his or her nominee.

(10) The Public Accounts Committee may invite any person to assist it in its work and to participate in its proceedings

Standing Committees under Constitution 117. (1) Section 64 of the Constitution applies.

(2) A standing committee membership shall expire on the next dissolution of the House after its establishment.

NOTE: Section 64 of the Constitution provides— 64.—(1) The House of Assembly shall establish at least two Standing Committees of the House (in addition to the Appropriations Committee and the Public Accounts Committee established by this Constitution), each of which shall be charged with responsibility for monitoring the conduct of business of the Government for which responsibility has been assigned to a Minister or Ministers under section 36(1).

(2) Each Standing Committee shall consist of members of the House of Assembly who are not Ministers.

(3) The composition of each Standing Committee shall, so far as possible, ensure that the representation of political parties in the Committee is

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proportionate to the numerical strength of those parties in the House of Assembly.

(4) At least one Standing Committee shall be presided over by a member of the House of Assembly in opposition to the Government.

(5) Each Standing Committee shall have power— (a) to summon any Minister, or any public officer of a department of government for which a Minister is responsible, to appear before it; (b) subject to any law or Standing Orders, to require any person so summoned to answer questions and provide information about the conduct of business of the Government by the Minister or department concerned; and (c) to report on its activities to the House of Assembly.

(6) The House of Assembly shall publish reports submitted to it under subsection (5)(c).

(7) Subject to this section, Standing Orders shall provide for the composition and functions of, and proceedings and conduct of business before, Standing Committees

Expenditure Committee 118. (1) There shall be an Expenditure Committee constituted under section 64 of the Constitution, for the examination of expenditure of the sums granted by the House or otherwise allocated to Ministries to meet the public expenditure.

(2) The Chairperson of the Committee shall be elected by the Committee from amongst its members.

Administration Committee 119. (1) An Administration Committee, constituted under section 64 of the Constitution charged with responsibility for monitoring the conduct of the business of Government, except in the matters referred to the Expenditure Committee.

(2) This Committee shall report on the implementation, administration and development of policies of Government in every Ministry.

(3) The Leader of the Opposition or his or her nominee shall be Chairperson of this Committee.

Limit on responsibility of Committees 120. No Committee shall be charged with or assume responsibility for anything that is the Governor’s special responsibility by virtue of section 37(1) of the Constitution.

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NOTE: Section 37(1) of the Constitution provides— 37.—(1) The Governor, acting in his or her discretion, shall be responsible for the conduct, subject to this Constitution and any other law, of any business of the Government, including the administration of any department of government, with respect to the following matters— (a) defence; (b) external affairs; (c) the regulation of international financial services; (d) internal security, including the Police Force; and (e) the appointment of any person to any public office, the suspension, termination of appointment, dismissal or retirement of any public officer, the taking of any disciplinary action in respect of such an officer, the application to any public officer of the terms or conditions of employment of the public service for which financial provision has been made, and the organisation of the public service in so far as it does not involve new financial provision.

Constitution of Standing Committees 121. (1) A Committee established under this Part of these Standing Orders pursuant to section 64 of the Constitution shall have five members.

(2) In accordance with section 64 of the Constitution, those members shall be elected by the House from elected or appointed members who are not Ministers and shall be elected so that, so far as possible, the membership of the Committee is proportionate to the numerical strength of the political parties in the House.

(3) The members of at least one of the Committee shall elect one of their number who is in opposition to the Government to preside at meetings of the Committee.

(4) A quorum for a meeting of the Committee shall be three members.

(5) Questions to be determined at a meeting of the Committee shall be determined by a vote of the members present.

(6) If there is an equality of vote on a question, the member presiding shall have a casting vote.

(7) A Committee may invite any person to assist it in its work and to participate in its proceedings.

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Duties of Committees 122. (1) A Committee established under this Part of these Standing Orders pursuant to section 64 of the Constitution shall meet at least once a month in every session.

(2) However, except by leave of the House, a Committee shall not sit while the House is meeting although it may sit while the House is adjourned or its meeting is suspended.

(3) A Committee shall report to the House on its activities at least once in every session.

PART XXIX

COMMITTEES - GENERAL PROVISIONS

Committees may call witnesses 123. (1) A committee may request a person— (a) to attend before it and to give evidence; and (b) to attend before it and produce a paper, book, record or other document in the possession or under the control of the person.

(2) If a committee intends to examine a witness, the member of the committee requiring the witness shall deliver to the Clerk, at least seven days before the day appointed for the examination of the witness, full particulars of the name, residence and occupation of the witness.

(3) A request to a person to attend to give evidence or to produce a document before a committee shall be communicated to the person by a written notice from the Clerk at least five days before the day appointed for the attendance of that person as a witness.

(4) The evidence of a witness shall be transcribed and a copy of the transcription must be given to the witness.

(5) The witness may correct errors that are due to the inaccurate transcription of the evidence.

Delegation by committees 124. A committee shall not delegate a function without the consent of the House.

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Place of meetings of committees 125. A committee may only meet outside the precincts of the House’s meeting place if it has been given power to do so by the House.

Premature publication of evidence 126. A member of a committee or any other person shall not publish evidence taken before a committee or a document presented to a committee, before the committee has presented its report to the House.

Committees may make special reports 127. A committee may make a special report relating to its powers, functions and proceedings on any matters that it may think fit to bring to the notice of the House.

Reports to be presented to House 128. (1) A report of a committee together with a copy of its minutes shall be presented to the House by the member who presided at meetings of the committee or by another member deputed by the committee.

(2) The report shall be ordered to lie upon the Table and be printed without question put.

(3) A member of the committee may thereafter, without notice, move that the report be adopted.

Reports of Select committees on bills 129. (1) A Report of a Select committee on a bill or resolution or other motion may, on motion made, be referred by the House to a Committee of the whole House.

(2) A bill reported from a Select committee, together with a report on the bill, shall be ordered to lie upon the Table without question put.

(3) The report shall be taken into consideration upon such day as the House may determine.

(4) On the order for consideration of the report being read, a member may move that the report be adopted and, if that motion is agreed to, the bill shall be read a third time, either forthwith or upon such future day as the House may determine.

(5) A Select committee to which a bill has been committed shall report to the House not later than two months after the committal of the bill.

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(6) However, any period during which the House is in recess is not to be taken into account.

(7) If a Select committee does not report to the House as directed the House may commit the bill to a committee of the whole House and the powers of the Select committee in relation to the bill cease.

PART XXX

MISCELLANEOUS PROVISIONS

Suspension of Standing Orders 130 . (1) A motion may be made at the commencement of a sitting of the House by a member to suspend any of these Standing Orders.

(2) However, the motion may be made only with leave of the Speaker who must not allow the motion if it appears to the Speaker to be an abuse of the rules of the House or an infringement of the rights of a minority of the members.

Absence of members 131. A member who is unable to attend a meeting of the House shall acquaint the Speaker as early as possible of the member’s inability to attend.

NOTE: Section 51(2) of the Constitution provides, in part— (2) An elected or appointed member of the House of Assembly shall also vacate his or her seat in the House … if, without the written permission of the Speaker, he or she is absent from three consecutive meetings of the House…

Appearance of members in professional capacity 132. (1) A member of the House of Assembly may appear before a committee as a witness.

(2) However, a member may not appear before a committee in a professional capacity.

Privilege 133. (1) A motion directly concerning the privileges of the House, including an alleged breach of the privileges of the House by a member, shall take precedence over all other business.

(2) A member desiring to raise a matter under this Standing Order shall first obtain leave of the Speaker who shall

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determine whether the member is entitled to raise the matter as a question of privilege.

(3) If permission is given by the Speaker, the member may raise the matter at any time before public business is commenced and move that the matter be referred to the Committee of Privileges.

(4) There shall be no debate on the motion.

(5) If the Speaker decides that a prima facie case has been made out, he or she shall rule accordingly and refer the matter to the Committee of Privileges.

(6) If during a sitting of the House, a matter suddenly arises that appears to involve the privileges of the House and that calls for the immediate intervention of the House, the proceedings may be interrupted, except during the progress of a division, by a motion based on the matter.

(7) A member moving a motion under this Standing Order may speak for up to ten minutes.

(8) For the purpose of this Standing Order, a breach of the privileges of the House by a member includes any behaviour of the member that has brought or is likely to bring the House into disrepute and includes— (a) divulging to a person not authorised to receive it confidential information that has been provided to the member in connection with the member’s functions as a member of the House; and (b) providing to the House or to a Committee information that the member knows or ought reasonably to know is false or misleading.

(9) If the Committee is satisfied that a Member has breached the privileges of the House, the Committee shall, in its report to the House, recommend the action that should be taken in relation to the member

Pecuniary interest 134. (1) Subject to paragraph (2), where a matter in respect of which a member, his or her family member, or any partner or any company of which the member is a director has a direct pecuniary interest is before the House or a committee, the member may take part in the debate on the matter but shall not vote on the matter and shall withdraw from the House or committee before a vote is taken.

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(2) Paragraph (1) shall not apply where the direct pecuniary interest is one which is held in common with the rest of the general public.

(3) In this Standing Order, “partner” means a partner in any business or profession, and “family member” means any of the following— (a) husband or wife; (b) son or daughter; (c) father or mother; and (d) brother or sister.

Oral declaration of an interest 135. Whether or not an interest has been registered in the Register of Interests, before participating in the consideration of a question before the House or a committee, a member shall first declare any relevant pecuniary interest or benefit, direct or indirect, which has accrued, or which the member expects to accrue.

Strangers 136. (1) Strangers may be admitted to debates of the House or to the precincts of the House's meeting place in accordance with arrangements made by the Speaker.

(2) If, at a meeting of the House or of a Committee, a member moves “That strangers do withdraw”, and the motion is seconded, the Speaker or the person presiding in a Committee, shall put the question without amendment or debate.

(3) The Speaker may order the withdrawal of strangers from the chamber of the House or the precincts of its meeting place.

(4) Strangers must be silent during debates and must at all times conduct themselves in a fit and proper manner.

Presence of representative of the media 137. (1) The Speaker may, on such terms as he or she considers most appropriate, permit representatives of the print or broadcasting media to attend sittings of the House.

(2) The Speaker may withdraw his or her permission at any time if the Speaker is satisfied that there is a sufficient reason to do so.

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Revocation 138 . The Standing Orders made on 15 March 1990 and amendments thereto are revoked. _______________ Made by the House of Assembly this 18th day of December 2014.

Tracey Parker Clerk to the House of Assembly

Robert Hall Speaker

Approved by the Governor this 18th day of December 2014.

Peter Beckingham Governor

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EXPLANATORY NOTE (This note is not part of the Order) These Standing Orders contains the rules for the conduct of proceedings in the House and for the exercise of the powers possessed by the House.

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