PART VII- MOTIONS AND VOTING

41.Notice of Motions

Every Member wishing to move a motion shall give notice thereof by delivering a copy of it in writing signed by him to the Secretary-General at least two clear days before the day on which he intends to move such motion. In the case of a private Member's motion such copy shall also be signed by at least one other Member.

42.Inadmissible Motions

A motion shall not be admissible if, in the opinion of the Speaker the debate thereon is likely to promote or provoke feelings of ill-will or hostility between different communities in Fiji or if such motion would, if passed and put into effect, be inconsistent with the fundamental rights and freedoms of the individual under the Constitution.

43.Censure or Motion of No Confidence

Any Motion of no confidence in the Government or any member of the Government or the Speaker shall take precedence over any other motion.

44.Motions not requiring Notice

No motion shall be moved without notice unless it falls within one of the following exceptions:

  1. A motion that a petition be read.

  2. A motion that a petition be referred to a select committee.

  3. A motion by way of amendment to a question already proposed by the Speaker, unless its importance renders it desirable in the opinion of the Speaker that notice should be given thereof.

  4. A motion for the adjournment of the House or debate.

  5. A motion raising a question of privilege.

Where notice is dispensed with by a general concurrence of the House.

Where under these Standing Orders no notice is required.

45.Manner of debating Motions

  1. No member other than a Minister or assistant Minister may move a motion to which he has not subscribed his name but a Minister or Assistant Minister may move a motion which stands in the name of any other Minister or Assistant Minister.

  2. A member called upon by the Secretary to move a motion shall rise in his place and shall move the motion stating its terms.

  3. Every motion, unless otherwise provided for in these Standing Orders, shall require to be seconded.

  4. When a motion has been moved, and where necessary seconded, the Speaker shall propose the question thereon to the House in the same terms as the motion and a debate may then take place. The mover shall be entitled to open such debate and shall have the right of reply.

  5. When a motion has been moved and seconded and the debate thereon concluded, the Speaker shall put the question to the House.

  6. A question being put shall be resolved in the affirmative or negative, by the majority of voices, "Aye" or "No".

  7. The Speaker shall state, whether, in his opinion, the "Ayes" or the "Noes" have it; and if his opinion be challenged the question shall be decided by a division.

46.Withdrawal of Motions

  1. A motion may be withdrawn only with the leave of the House, granted without any negative voice, before the question has been fully put thereon; but if so withdrawn may be moved again at some future sitting of the House after due notice, pursuant to Standing Order 41.

  2. A notice of motion may be withdrawn from the Order Paper at any time before it is moved if the Member in whose name the motion stands gives instructions to that effect to the Secretary-General.

47.Motions to suspend Standing Orders

  1. A motion the object or effect of which may be to suspend Standing Orders shall not be moved except with the approval of the Speaker.

  2. Whenever the Speaker deems it necessary for the proper conduct of the business of the House or in any case of urgent necessity, any Order may be suspended on motion without notice. If such motion be agreed to, these Standing Orders shall be suspended so far as is necessary to carry out the object for which the motion was made. No debate shall be allowed on such motion.

  3. For the purposes of avoiding doubt it is hereby declared that the suspension of these Standing Orders shall not be deemed to permit the transaction of any business not in accordance with any law in force in Fiji.

48.Voting

  1. Save as otherwise provided in the Constitution, all questions proposed for decision in the House or in a Committee of the whole House shall be determined by a majority of the votes of the Members present and voting.

  2. The Speaker shall have no original vote but shall exercise a casting vote when the votes are equally divided.

  3. The question shall be put by the person presiding in the House or Committee of the whole' House, the votes being taken by voices "Ayes" and "Noes", and the result shall be declared by the person presiding, but if any Member calls for a division the votes shall be taken by the Secretary to the House who shall ask each Member separately, referring to him by his constituency, how he desires to vote. Every Member shall, upon being called, give his vote by saying "Aye" or "No" or if he wishes to abstain from voting by saying, "I abstain" or abstaining and having taken the votes and abstentions if any, the Secretary shall declare the result, and, in relation to a division of the House, record in the Minutes the vote or abstention of each Member.

    Provided that no Member shall be obliged to vote and may abstain, but a non-response from a Member present shall be construed as an abstention.

  4. Whenever the Speaker states, on putting a question, that the "'Ayes" or the "Noes" (as the case may-be) have it, his opinion may be challenged by Members calling for a division.

  5. Before a division is taken, the Secretary-General shall ring the division bell for a period of sixty seconds. The division shall commence after ten minutes have elapsed and the doors are closed. No Member may then enter or leave the Chamber until after the division.

  6. When successive divisions are taken, and there is no intervening debate after the first division, the bell for the ensuing division shall be rung for sixty seconds, at the end of which the division shall commence.

  7. A Member may not, without the permission of the Speaker, vote in any division upon a question in which he has a direct personal pecuniary interest not held in common with the rest of the citizens of the State. If a Member votes on such a question without the permission of the Speaker, such vote may be disallowed by a motion moved immediately after the division is completed, and the vote of a Member determined to be so interested shall be disallowed:

    Provided that the Speaker may, if he sees fit for special reasons,. permit such motion to be moved on a later day in the same session. A Member whose vote is impugned may make a statement on the motion but shall not vote on the motion.


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