The Opening of a Session of Parliament
Each session of Parliament is hedl at such place and commences at such time as His Excellency the President by proclamation appoints.
"Session" is defined as a period commencing when Parliament first meets after a general election or prorogation and ending when Parliament is next thereafter prorogued or dissolved.
Each session begins with His Excellency the President´s speech. His speech usually outlines the Government´s policies for the year. After delivering his speech His Excellency the President leaves the Chamber and the sitting is suspended for such period, or adjourned until such day, as the Speaker may decide. On the resumption of the meeting, a motion to thank His Excellency is moved and more often than not, a debate on the Government´s policies then ensues.
The formal opening of the Parliament is a colourful ceremony. The President arrives at the ceremonial entrance of the Parliament complex in full dress. The Speaker of the House of Representatives and the President of the Senate greet him. His Excellency the President accompanied by the Speaker and the President of the Senate, then inspects the Guard of Honour mounted by the Fiji Military Forces for the occasion. After inspecting the Guard of Honour, he is escorted into the Chamber by the Speaker and the President, the Secretary General and the Secretaries to the House of Representatives and the Senate and the Mace-Bearer. His Excellency occupies the Speaker´s Chair and delivers his address to both the House of Representatives and the Senate jointly assembled.
His Excellency the President (Ratu Sir Penaia K Ganilau) accompanied by the Speaker of the House of Representatives (Hon. Dr. Apenisa Kurisaqila) and the President of the Senate (Hon. Senator Ratu Tu´uakitau Cokanauto) inspects the Guard of Honour on the occasion of the opening of the new Parliament, 29 June, 1992 after the General Elections of 1992.
His Excellency the President delivering his speech during the Opening Session of Parliament with both Houses assembled, 29th June 1992.
Parliament at Work
The Parliament of Fiji has power to make laws for the peace, order and good government of fiji in accordance with the provisions of the Constitution of Fiji.
Bills:
The main and most important function of any parliament is that of legislation -the making of new laws or the amendment of existing laws. A proposed law is introduces into the Parliament as a Bill. When a Bill has been passed by both Houses and receives the Presidential Assent, it becomes an Act or Statute.
The Constitution provides that bills for approopriating revenue or imposing taxation must originate in the House of Representatives on the recommendation of the Cabinet and signifies by the Minister.
All other Bills may originate in either House but the majority of them are initiated in the House of Representatives.
Private Bills may be initiated in the Senate and if passed by a majorityu of all Members in the Senate, shall be presented to the House of Representatives as a public Bill.
Before any Bill is introduced into Parliament by a Minister it recives consideration by Cabinet. The Bill is prepared by the Parliamentary Counsels and when agreed to by Cabinet, is generally presented firstly, to the House of Representatives by the Minister introducing the Bill.
All Bills are published in the Gazette at least three days prior to the sitting at which they are intended to be read for the first time.
The introduction and first reading of a Bill are formal procedures. The second reading and consideration in Committee are the most important stages. By that time, Members generally have had an opportunity to read and examine the Bill. At the second reading stage the Minister introducing the Bill makes a detailed speech outlining its purposes, how it will operate, and what the Bill is designed to achieve. Members then express their views on the Bill and often foreshadow amendments which they intend to move at the Committee stage.
In Committee the Bill is considered, clause by clause. Members may speak more than once to each question and amendments may be moved.
At the conclusion of Committee proceedings the Bill is reported to the House with or without amendments.
The third reading is normally a formal proceeding after which the Bill is forwarded to the other House for its concurrence.
Either House may amend a Bill introduced int he other House. For example, if the Senate amends a Bill that originated in the house of Representatives, the House of Representatives considers the amendments and, if it agrees with them, informs the Senate of that decision. If however, the House of Representatives rejects the amendments, the Senate may or may not insist upon them. If the Senate does insist and the House of Representatives maintains its rejection there is considered to be a disagreement between the Houses. In the case of severe disagreement between the two Houses, the wish of the House of Representatives will prevail. (Fiji Constitution 75(2).
When a Bill has passed both Houses it is certified by the Secretary-General as having passed the House of Representatives and the Senate and is sent to the President for assent.
Certain Bills do not follow the above procedure strictly. Some Bills may be committed to a select committee usually after the debate on the second reading stage.
Motions:
The sittings of Parliament are not totally confined to legislation. Members may raise matters of public concern and request consideration of urgent problems. The rules of procedure of each House provide opportunities for Members to raise matters ouside the scope of government business. Members acting on behalf of their constituents often assist in redressing grievances or stimulating government action in many matters.
A motion is a proposal that the House do something, order something to be done or express an opinion with regard to some matters. It is phrased in such a way that, if assented to, it will purport to express the judgement or will of the House. Motions are usually expressed in the affirmative even though their purpose and effect are negative. Thus a motion to dissent from the findings of a committee will take the form, "That this House do disagree with the Committee in their report", not that the House "do not agree" therewith.
Motions such as, "That the petition be read", "That the House do now adjourn" or a motion raising a question of privilege do not require prior notice. A "substantive motion" is a self-contained motion made in reference to a subject which the mover may wish to bring forward. Such motions require at least two days´prior notice. Any Member may move such a motion and the seconder´s signature must appear on the notice.
A Member who has signified his intention to move motion is asked by the Presiding Officer to move the motion. The Member then rises in his place and moves the motion stating its terms. After it is seconded, the mover makes such remarks as he may wish and a debate may take place. The mover is entitled to open the debate and he has the right of reply. During the debate, an amendment is not accepted, the question on the substantive motion is then put. If the amendment is agreed to, the substantive motion is so altered.
The Government would then implement what the motion calls for, if it has been agreed to by the House. No Member other then a Minister may move a motion to which he has not subscribed his name; a Minister may move a motion which stands in the name of any other Minister. Members speaking address their observations to the Speaker and are permitted to speak only once but may speak briefly again only on a personal explanation, if necessary.
The principal features of the role of Parliament may be summarised as follows:
The principal of the financial initiative of the Government vests in the Government the right to initiate or move to increase appropriation or tax or to reject proposals.
In addition to the above, Parliament has the following additional roles:
Despite the fact that there are certain limitations placed on the powers of the Senate and that the Members of the Senate are nominated, they have a useful place in our Legislature as a debating forum where constructive debate may take place, away from the hurly-burly of confrontation politics. As a House of review, the Senate acts as a brake for hasty legislation, imposes a period of reflection and, if necessary, makes or suggests amendments to proposed laws.
There is an American legend which neatly describes this universal function of Second Chambers.
Thomas Jefferson (third President of the United States of America) once asked President Washington at breakfast why he had agreed to a Second chamber in Congress. According to the story, Washington asked him, " Why did you pour that tea into your saucer?" "To cool it", replied Jefferson. "Just so" said Washington "we pour House legislation into the senatorial saucer to cool it".
In 1982, the Commonwealth Parliamentary Association organized a Study Group to examine the role of second Chambers. The Report of this Study Group, under the Chairmanship of Lord Shackleton, K.G., O.B.E., states that, " After a close study of the experience of Second Chambers in seven countries of the Commonwealth, including two with federal type Constitution, and with evidence about the functioning of the uni-cameral system in New Zealand and of federal government in the United States and Western Germany, the Study Group was strongly of the opinion that the two-chamber system offers great advantages over any other, and specially in a federation or union of States where the rights and the legitimate demands of the people in regions widely disparate in geography, social make -up, traditions, and sometimes language, can be effectively represented"
Petitions
Any Member may, after giving appropriate notice, present a petition from others outside the House to the House. If it is seconded, the Secretary reads the petition. Any Member then may move that the petition be referred to a select committee. The question is put that the petition be referred to a select committee. If the majority favours that, then the complaint in the petition is investigated by a select committee.
Questions
A Member who is not a Minister may ask the Government a question or questions. The Minister responsible for the matter raised in the question, answers the questions asked. The questioner may ask for oral or written replies. All questions have to be approved by the Speaker. The general purpose of questions is to seek information.
The Budget
Just before the end of each financial year (December 31) the Minister of Finance presents his Budget to the House. The speech which he makes on this occasion is known as his "Budget Speech" when moving that the Appropriation Bill for the ensuing year be read a second time. The Budget Speech includes a review of the public revenue and expenditure and, sometimes, of the economic state of the nation as well. At the conclusion of this speech, the Minister of Finance puts before the House the Government´s proposals for adjusting the country´s revenue to meet its expenditure, the annual rate of income tax and variations in Customs tariffs when necessary.
The Budget debate which follows takes place after the Opposition spokesman on finance has replied to the Minister´s speech and is one of the longest debates of the year. A time limit is usually agreed to for this debate to enable all Members an opportunity to speak.
Supplementary Estimates
From time to time throughout the year, the Minister of Finance comes to Parliament with a request for more money to supplement the provisions voted in the annual Estimates. The details of the request are set out in Supplementary Estimates schedules for Parliament´s approval. These supplementary appropriations are ratified in a Supplementary Appropriation Bill which is again presented to Parliament soon after for passage as an Act. It is once of the cardinal rules of the system of public finance that no money may be spent for any other purpose than that for which it was authorised by Parliament. The allocation of a sum of money for expenditure on any object is called "appropriation" and money is said to be "appropriated" by Parliament for a particular purpose. It follows that any surplus on a vote remaining in the hands of a department must be surrendered to the Treasury at the end of the financial year even thought there may be a deficit in some other vote.
Adjournment
The general purpose of an adjournment debate is to allow Members to air grievances or bring to the attentions of the House matters which may not be brought to the notice of the House otherwise. Twenty-four hours written notice specifying the topics to be raised is required. Motion for the adjournment of the House is moved by a Member of the Business Committee, at the conclusion of business on every Friday. A Member may not revive discussion on a matter which has already been disposed of, or anticipate a matter which is to be discussed in future in respect of which notice has already been given.
Only three Members may speak on the Adjournment each Friday, but there is no limit to Members for the final sitting. Generally it is the Opposition or the back-benchers who speak for a maximum of then minutes during Adjournment. Ministers reply to the points raised.
Any Member may ask for leave to move a motion for the adjournment of the House for a specific and important matter which should have urgent consideration. Notice of such matter is to be given to the Speaker in writing before the commence-ment of that sitting. If the Speaker is satisfied that the matter raised is proper, leave of the house may be given. If leave is not given, at least 15 Members may rise in their places to support the request in which event the Speaker will fix a date and time for the discussion of that motion. The debate on such motion is not to exceed two hours.
Voting
Voting in both Houses is by voices "Aye" or "Nay" to questions put by the Speaker or President of the Senate. However, if any Member calls for a division, the votes are taken by the Secretary who then declares the results and records in the Minutes the vote or abstention of each Member. Neither the Speaker nor the President of the Senate shall have an original vote but shall exercise a casting vote when the votes are equally divided.
