PUBLIC BUSINESS

  1. Whenever there is a vacancy in the office of President, the Senate shall, as soon as a quorum is present, proceed to elect a President.

  2. The procedure for the election of a President shall be as follows:

    1. The Clerk shall act as Chairman of the Senate prior to the election of the President and shall have all the powers of the President under the Standing Orders while so acting.

    2. Any Senator, having first ascertained that the Senator to be proposed is willing to serve if elected, may, addressing himself to the Clerk, propose such Senator as President and move formally "That (naming the Senator) do take the Chair of the Senate as President". The proposal shall require to be seconded formally but no debate shall be allowed.

    3. If only one Senator be so proposed and seconded as President, he shall be declared by the Clerk without question put to have been elected.

    4. If more than one Senator be so proposed and seconded, the Senate shall proceed to elect a President by ballot.

    5. For the purpose of a ballot the Clerk shall give to each Senator present a ballot paper on which he shall write the name of the Senator for whom he wishes to vote. Ballot papers shall be folded so that the name written thereon shall not be seen and shall be signed by the Senator voting.

    6. Ballot papers shall be collected by the Clerk, or by some officer of the Senate deputed by him, and shall be counted by the Clerk, at the Table of the Senate. The result of the ballot shall be declared by the Clerk.

      1. Where more than two Senators have been proposed and at the first ballot no Senator obtains more votes than the aggregate votes obtained by the other Senators, the Senator has obtained the least number of votes shall be excluded from the election and balloting shall proceed, the Senator obtaining the smallest number of votes at each ballot being excluded until one Senator obtains more votes than the remaining candidate or the aggregate votes of the remaining Senators as the case may be.

      2. Where at any ballot among three or more Senators two or more obtain an equal number of votes and one of them has to be excluded from the election under sub-paragraph (a) above, the determination, as between the Senators whose votes are equal, of the Senator to be excluded, shall be by lot which shall be drawn in such manner as the Clerk shall decide.

      3. Where at any ballot between two Senators the votes are equal, another ballot shall be held.

    8. As the ballot papers are counted they shall be placed in a box and, when a Senator has been declared elected as President, the box shall be sealed in the presence of the Senate and kept in the custody of the Clerk for 1 calendar month and then, subject to any direction he may receive from the Senate, the Clerk shall burn the ballot papers and certify to the Senate that this has been done.

    9. Upon his assuming the Chair, the President shall make and subscribe the oath of allegiance if he has not previously done so.

  3. Before proceeding to any business, the President, with such Senators as desire to accompany him, shall present himself to His Excellency the Governor-General as the choice of the Senate.

  4. The procedure for the election of a Vice-President shall as nearly as may be the same as that for the election of a President save that the election shall be conducted by the President.

    1. As soon as he thinks fit after his election, the President may allot a seat to every Senator and may vary such allotment from time to time, as he may think fit.

    2. Seats shall be alloted at the discretion of the President whose decision thereon shall be final.

    1. At least 14 days before the opening of a new Session, the Clerk shall give each Senator formal notice by registered letter or delivered by hand, or notice by telecommunication, directing attention to the Proclamation summoning Parliament. At 1east 14 days before the reassembling of the Senate either under paragraph (1) of Standing Order No.8 or after any adjournment of more than 5 days the Clerk shall give each Senator in like manner as aforesaid notice of the day appointed for the next meeting:

      Provided that in an emergency such notice may be dispensed with, and in that event the longest notice possible as aforesaid shall be given.

    2. The Clerk shall provide each Senator with a copy of the Order of Business for each sitting:

      1. in the case of the first sitting of a meeting, unless in the opinion of the President the circumstances are of an urgent nature, at least 7 days before that sitting; and

      2. in the case of any other sitting, as soon as practicable.

    3. The Clerk shall keep the Minutes of the Proceedings of the Senate, and of Committee of the whole Senate; and shall circulate a copy of such Minutes, to be known as the Votes and Proceedings, on the day following each sitting of the Senate, or as soon thereafter as practicable.

    4. The Votes and Proceedings shall record the names of Senators attending and all decisions of the Senate and, in the case of divisions of the Senate or Committee of the whole Senate, shall include the numbers voting for and against the question, the names of Senators so voting and the numbers and names of the Senators present who abstained from voting. The Votes and Proceedings shall be signed by the President, and errors in the Votes and Proceedings may be corrected by him.

    5. The Clerk shall prepare from day to day and keep on the Table of the Senate and in the office of the Clerk an Order Book showing all business appointed for any future day, and any notices of Questions or Motions which have been set down for a future day, whether for a day named or not. The Order Books shall be open to the inspection of Senators at all reasonable hours.

    6. The Clerk shall be responsible for the custody of the Votes and Proceedings records, Bills and other documents laid before the Senate which, shall be open to inspection by Senators and other persons under such arrangements as may be sanctioned by the President.

    7. The Clerk shall he responsible for providing every Committee with a clerk and a shorthand writer, when so required.

    8. The Clerk shall be responsible for the conduct of all messages and communications between the two Houses.

    9. The Clerk shall perform the further duties laid upon him in these Orders and all other duties in the service of the Senate ordered by the Senate or directed by the President.

    1. The Clerk shall prepare under the directions of the President an official report of all speeches made in the Senate and in Committee of the whole Senate.

    2. The report shall be published within 6 weeks of each meeting, or as soon thereafter as is practicable, in such form as the President may direct and a copy thereof shall be sent to each Senator as soon as practicable after the conclusion of each meeting.

    3. A copy of the record of a Senator's speech shall be sent to him before it is published. 1f the Senator does not return the copy to the Clerk within 7 days from the date upon which it was despatched, the speech shall be published without correction.

    4. If a Senator disputes the correctness of the record of any speech or seeks to make any material change in the record, the President shall rule thereon and shall direct publication of the speech in accordance with his ruling which shall be communicated to the Senator concerned and shall be final.

    1. Meetings of the Senate other than the first meeting of any session shall begin on such day and at such hour as the President may determine after consultation with the Leader of Government Business in the Senate. Written notice of the first such meeting shall be given to Senators by the Clerk, in manner aforesaid, at least 14 clear days before the day of the meeting but in cases of emergency the President may after consultation with the Leader of Government Business in the Senate dispense with such notice and in that event the longest possible notice shall be given.

    2. The President, after consultation with the Leader of Government Business in the Senate, may at any time after he has determined the day and hour when a meeting is to begin, change the day or hour so determined to a later day or hour, or, in cases of emergency, to an earlier day or hour.

    3. During the course of a meeting the Senate shall sit on such days as the President shall determine after consultation with the Leader of Government Business in the Senate or his deputy. Except in cases of emergency, as may be determined by the President, the Senate shall not sit on Saturdays, Sundays or public holidays.

    4. Whenever the Senate is adjourned, it shall stand adjourned to the next sitting day as determined by the President after consultation with the Leader of Government Business in the Senate or his deputy:

      Provided that at the adjournment of the Senate on the date determined for the conclusion of a meeting, the Senate shall stand adjourned sine die.

    1. Every sitting other than the first sitting of a meeting shall be between the hours of 9.30 a.m. and 4.30 p.m. unless the Senate otherwise decides.

    2. At 4.30 p.m., or on the earlier conclusion of ah business on the Order Paper, the President shall, except as otherwise provided by Standing Orders, adjourn the Senate without question put.

    3. Subject to the provisions of the next succeeding paragraph the President may at any time suspend a sitting or adjourn the Senate for a stated time.

    4. At any time when a division is in progress the sitting shall not be suspended nor the Senate adjourned until the result of the division has been declared and any further questions contingent upon the main question have been decided.

    1. The quorum of the Senate and of a Committee of the whole Senate shall consist of 7 Senators, excluding the Chair.

    2. If any Senator draws the attention of the Chair to the fact that a quorum is not present, Senators shall be summoned as if for a division.

    3. When the summons to Senators has been made in the Senate the President shall, after the expiration of 2 minutes, count the Senate. If a quorum is not then present, he shall adjourn the Senate without question put.

    4. If in Committee of the whole Senate the attention of the Chairman is drawn by a Senator to the fact that a quorum is not present he shall act as provided in paragraph (2) of this Standing Order save that if, after 21 minutes, he is satisfied that a quorum is not present the Senate shall resume and the President shall count the Senate. If a quorum is then present the Senate shall again resolve itself into Committee but if a quorum is not present the President shall adjourn the Senate without question put.

    5. If at any sitting of the Senate or of a Committee of the whole Senate it appears from the number of Senators taking part in a division, including those who abstain from voting, that a quorum is not present then-

      1. the division shall be invalid;

      2. the business in question shall stand over until the next sitting of the Senate or of the Committee of the whole Senate; and

      3. the procedure prescribed in paragraphs (3) or (4) of this Standing Order shall be followed.

    1. Unless the Senate otherwise directs, the business of each sitting of the Senate shall be transacted in the following order:

      1. Formal entry of the President;

      2. The Prayer;

      3. Administration of oath or affirmation;

      4. Confirmation of minutes;

      5. Election of Vice-President;

      6. Presentation of papers by laying on the table;

      7. Presentation of reports of committees by laying on the table;

      8. Petitions;

      9. Questions;

      10. Communications from the Chair;

      11. Statements by Ministers, or their Deputies or by the Leader of Government Business;

      12. Applications for leave to move the adjournment of the Senate under Standing Order No. 15.

      13. Personal explanations;

      14. Raising of matters of privilege;

      15. First readings of Bills;

      16. Motions relating to sittings and business moved by the Leader of Government Business in the Senate or his deputy;

      17. Motions, including later stages of Bills, of which notice has been given;

      18. Other public business in the order set out on the Order Paper.

    2. The Senate may, upon a motion to be decided without amendment or debate and which may be made without notice and shall take precedence over all other business, decide to proceed to any particular business out of the regular order.

    1. Public business is that contained in items (o) to (r) of the preceding paragraph and for the purpose of this Standing Order-

      1. "Government business" means proceedings or motions of which notice has been given by, and on Bills in charge of, Ministers or their deputies.

      2. "Private Senators' business" means proceedings on motions, of which notice has been given by, and on Bills in charge of, Senators other than Ministers or their deputies.

    2. Government business shall be set down on the Order Paper in such order as the Leader of Government Business or his deputy may direct and shall have precedence over other public business on every day except Wednesdays.

    3. Private Senators' business shall be set down on the Order Paper in such order as the President shall determine and shall have precedence over other public business on Wednesdays.

    1. Except under the provisions of Standing Order No.14 no motion for the adjournment of the Senate may be moved until 4.30 p.m. or the earlier completion or deferment of all business included in the Order of Business for the sitting, and no such motion may then be moved except under the provisions of this Order and of Standing Order No.14.

    2. At 4.30 p.m. the President shall interrupt any proceedings still in progress or, if the Senate is in committee of the whole Senate, the Chairman shall leave the Chair and report progress to the Senate.

    3. Upon the conclusion of proceedings under the provisions of paragraph (2) hereof, or upon the earlier completion of or deferment of all business included in the Order of Business for the sitting, the President shall either adjourn the Senate or at any sitting at which notice has been given of a motion for the adjournment of the Senate under the provisions of Standing Order No.14 call upon a Senator to move "That the Senate do now adjourn"

    1. Upon a motion "That the Senate do now adjourn" moved under the provisions of paragraph (3) of Standing Order No.13, any Senator (not being a Minister) who has obtained the right to do so may address the Senate on any matter and a Minister or his deputy may reply.

    2. Any Senator who wishes to raise a matter under the provisions of paragraph (1) hereof shall give notice of the matter in writing to the President not less than 2 days before the sitting at which he wishes to do so. Subject to the giving of such notice the President shall allot the right so to raise a matter to not more than 2 Senators on each sitting day, if necessary by ballot, and in' making such al1otment shall give preference to any Senator or Senators who have not previously so raised a matter during the present session.

    3. In any address upon any motion "That the Senate do now adjourn'", the time allowed to each Senator addressing the Senate and to each Minister or his deputy replying shall be 10 minutes, unless the President decides otherwise in any particular case.

    4. Upon the conclusion of such proceedings, the President shall put the question "That the Senate do now adjourn"-

      Provided that, if that question has not been previously decided, at 5.15 p.m. the President shall adjourn the Senate without question put.

    1. Any Senator (not being a Minister) may at the time appointed under Standing Order No.11 rise in' his place and ask leave to move the adjournment of the Senate for the purpose of discussing a definite matter of urgent public importance.

    2. A Senator who wishes so to ask leave to move the adjournment of the Senate shall, before the commencement of the sitting, hand to the President a written notification of the matter which he wishes to discuss. The President shall refuse to allow the claim unless he is satisfied that the matter is definite, urgent and of public importance.

    3. If the President is so satisfied, and either-

      1. leave of the Senate is given, no Senator objecting; or

      2. if it is not so given, at least 6 Senators rise in their places to support the request,

      the motion shall stand over until 2.30 p.m. on the same day, and at that hour any proceeding on which the Senate is engaged shall be postponed until either the motion for the adjournment is disposed of or the moment of interruption is reached, whichever is the earlier. At the moment of interruption the motion for the adjournment, if not previously disposed of, shall lapse and the proceedings which have been postponed shall be resumed and dealt with in accordance with the next succeeding paragraph.

    4. Any proceedings which have been postponed under this Standing Order may be continued after 4.30 p.m. for a period of time equal to the duration of the proceedings on the motion made under this Standing Order; and when all proceedings under that paragraph have been concluded, the Senate shall stand adjourned without question put.

    5. Not more than one motion for the adjournment of the Senate under this Standing Order may be made at one sitting.

      1. Every application to the Senate shall be in the form of a petition, and every petition shall be presented by a Senator, who shall be responsible for the petition being in respectful language.

      2. A petition seeking a grant, charge or expenditure of public money or the release of a debt due to the Government or the remission of duties payable by any person or compensation for loss out of the public revenues or for the revocation, alteration or repeal of any rate, tax or duty shall not be received by the Senate.

      1. If signatures are affixed to more than one sheet, the prayer of the petition shall be repeated at the head of each sheet. A person unable to write may affix his mark in the presence of two witnesses.

      2. No reference shall be made in a petition to any debate in the Senate or in the House of Representatives nor to any intended motion unless a notice of such motion stands in the Order Book.

      3. It shall not be competent for a Senator to present a petition from himself or to which he is a signatory but the petition may be presented by some other Senator.

      4. Every petition shall, before it is presented, be signed at the beginning thereof by the Senator in charge of it and deposited at least 1 year clear day with the Clerk who, after examining the same, shall submit it to the President for approval, and no petition shall be presented until it has been endorsed, "Passed by the President".

      5. Every Senator before presenting a petition shall ascertain and write at the head of it the number of signatures to it, and shall satisfy himself that it does not contain language disrespectful to the Senate or to the House of Representatives.

    3. A Senator presenting a petition to the Senate may state concisely the purpose of the petition.

      1. It shall be competent for any Senator to move that such petition be read. In making such motion he shall state concisely his reasons for wishing to have it read.

      2. No debate shall be permitted on such motion, nor shall any other Senator speak upon in relation to such petition except to second the motion formally.

      3. Such motion being seconded, the question shall be put whether the petition shall be read.
      17.- (1) Papers shall be presented only by the President, the Leader of Government Business in the Senate or his deputy, or a Minister or his deputy or a Chairman of a Committee, and shall be sent to the Clerk. (2) Every paper a copy of which is so received by the Clerk shall be deemed to have been presented to the Senate and ordered to lie upon the Table. (3) The presentation of all papers shall be entered in the Votes and Proceedings of the day on which they are presented or, if the Senate is not then sitting, of the next sitting day following its presentation. (4) A report from a Select Committee shall be laid upon the table by the Chairman of that committee , or, his unavoidable absence, by another member of the committee authorised by him in that behalf. The report to be laid on the table shall be signed by the Senator laying it thereon. It shall remain in the custody of the Clerk who shall make it available for inspection by Senators pursuant to paragraph (6) of Standing Order No.6. (5) On any paper being laid before the Senate, it shall be in order to move - (1) That it be read, and, if necessary, a day appointed for its consideration; (2) That it be printed. 18.-(1) Questions may be put to Ministers relating to- (a) affairs within their official functions; or (b) a Bill, motion or other public matter connected with the business of the Senate for which such Minister is responsible. (2) Questions may also be put to Senators other than Ministers, relating to a Bill, motion or other public matter connected with the business of the House for which such Senators are responsible. 19.-(1) Any Senator desiring to ask a question shall, except in cases of emergency and with the leave of the President, give notice thereof by delivering a copy of it in writing to the Clerk at least 7 clear days, exclusive of Saturdays, Sundays and public holidays, before the day on which he intends to ask the question. (2) If a Senator wishes to ask a question orally he shall mark his notice with the word "Oral" and state the day on which he wants to ask it. (3) If a Senator asks the permission of the President to ask a question for oral answer without notice on the grounds that it is of an urgent character and relates to a matter of public importance or to the arrangements of business, the President may permit the question to be asked without notice if he is satisfied that it is of that nature, and that sufficient private notice that question has been or is to be given by the Senator concerned to the Leader of Government business in the Senate or his deputy to enable the question to be answered. 20. (1) Every question shall conform to the following rules: (a) a question shall not include the names of persons or statements not strictly necessary to render the question intelligible; (b) if a question contains a statement, the member who asks the question must make himself responsible for the accuracy of the statement; (c) a question shall not contain any argument, inference, opinion, imputation, epithet or misleading, ironical or offensive expression; (d) a question shall not refer to debates or answers to questions in the current meeting; (e) a question shall not refer to proceedings in a Committee which have not been reported to the Senate; (f) a question shall not seek information about any matter which is of its nature secret; (g) a question shall not be so drafted as to be likely to prejudice a case under trial, or be asked on any matter which is sub judice; (h) a question shall not be asked for the purpose of obtaining an expression of opinion, the solution of an abstract legal case or the answer to a hypothetical proposition; (i) a question shall not be asked as to whether statements in the press or of private individuals or financial bodies are accurate; (j) a question shall not be asked as to the character or conduct of any person except in his official or public capacity; (k) a question shall not contain any discourteous reference to a friendly foreign country; (l) a question shall not seek information about the internal affairs of a foreign country; (m) a question reflecting on the character or conduct of any person whose conduct can only be challenged on a substantive motion shall not be asked; (n) a question shall not be asked seeking information set forth in accessible documents or ordinary works of reference; (o) a question making or implying a charge of a personal character shall be disallowed; (p) a question fully answered shall not be asked again during the same session. (2) If the President is of opinion that any question of which a Senator has given notice to the Clerk on which a Senator has sought leave to ask without notice, is an abuse of the right of questioning, or is calculated to obstruct or affect prejudicially the procedure of the Senate, or infringes any of the provisions of this Order, he may direct - (a) that it be printed or asked with such alterations as he may direct; or (b) that the Senator concerned be informed that the question is disallowed. (3) Disallowance of a question by the President, with the reason therefor, shall be communicated in writing to the Senator concerned by the Clerk. (4) Notwithstanding anything hereinbefore provided, a Minister to whom a question is addressed may, with the approval of the President, refuse to answer such question on the ground of public interest, and such refusal cannot be debated or questioned. 21. (1) If any oral answer to a question is required and no written answer thereto has been directed by the President, the President, when the question is reached on the Order Paper, shall call upon the Senator in whose name the question stands. The Senator so called shall then rise in his place and ask the question by reference to its number on the Order Paper, and the Minister or his deputy to whom it is addressed shall give his reply. (2) If a Senator asking a question for an oral reply fails to rise and ask his question, then any other Senator may make the question his own and may rise in his place and ask the question in the manner prescribed above; but if no other Senator so rises, the Minister to whom the question is addressed shall send copies of the answer to the Senator who asked it and to the Clerk, who shall cause that answer to be printed in the Official Report: Provided that at any time before the President has called upon the Senator who asked the question standing in his name that Senator may signify his desire to postpone the question to a later sitting or may withdraw it. (3) The President may allow supplementary questions to be put for the purpose of elucidating any matter of fact regarding which an oral answer has been given, but he may refuse any such question which in his opinion introduces matter not related to the original question or which infringes any of the provisions of Standing Order No. 20. (4) A question shall not be made the pretext for a debate. (5) No questions, other than any supplementary questions arising out of a question already asked which the President may permit, shall be taken 1 hour after the beginning of Question Time. (6) If an oral answer to a question is not required, or if a written answer 15 directed under paragraph (3) of Standing Order No. 19, the Minister to whom it is addressed shall send copies of the answer to the Senator who asked it and to the Clerk, who shall cause such answer to be included in the Official Report. 22. With the leave of the President, a Senator may make a personal explanation at the time appointed under Standing Order No. 11 although there is no question before the Senate; but no controversial matter may be brought forward nor may debate arise upon the explanation. The terms of the proposed statement shall be submitted in full to the President when his leave to make it is sought. 23.-(1) A Senator who wishes to raise a matter which he believes to affect the privileges of the Senate or a matter which he believes to affect directly the proceedings of the Senate and which has been raised in the House of Representatives, shall do so as soon as possible after the matter comes to his attention. Such Senator shall inform the President, stating the facts to which he wishes to draw attention, at least 1 hour before the beginning of the sitting at which he proposes to raise the matter. (2) When a Senator is called by the President to raise a matter of privilege he shall state briefly the facts to which he wishes to draw the attention of the Senate. (3) The President shall then state whether, in his opinion, the matter may or may not affect the privileges of the Senate: Provided that if he deems it necessary he may defer his decision until the next sitting of the Senate, or he may refer the matter to the Committee of Privileges. (4) If the opinion of the President is that the matter raised may affect the privileges of the Senate, the Senator who raises the matter, or in his absence any other Senator, may without notice move a motion based on that matter of privilege and the motion shall be debated. (5) If during the sitting of the Senate a matter arises suddenly which, in the opinion of the President, appears to involve the privileges of the Senate and which calls for the immediate attention of the Senate, the proceedings shall be interrupted except during the progress of a division, and the Senate shall proceed forthwith to debate a motion based oil such matter. 24. Every Senator wishing to move a motion shall give notice thereof by delivering a copy of it in writing to the Clerk at least 2 clear days before the day on which he intends to move such motion. 25. No motion shall be moved without notice unless it falls within one of the following cases: (a) a motion by way of amendment to a question already proposed by the President unless its importance renders it desirable in the opinion of the President that notice should be given of it; (b) a motion of the adjournment of the Senate or debate; (c) a motion raising a question of privilege; (d) where notice is dispensed with by the general concurrence of the Senate; (e) where under the Standing Orders no notice is required. 26.- (1) No Senator other than a Minister or his deputy may move a motion to which he has not subscribed his name, but a Minister or his deputy may move a motion which stands in the name of any other Minister or his deputy: Provided that with the leave of the President another Senator, on being requested by the Senator who has given notice, may move the motion of which notice has been given. (2) A Senator called upon by the President to move a motion shall rise in his place and after making such remarks as he may wish shall move the motion stating its terms. (3) Every motion unless otherwise provided for in the Standing Orders, shall require to be seconded. (4) When a motion has been moved, and where necessary seconded, the President shall propose the question thereon to the Senate in the same terms as the motion and a debate may then take place. (5) When a motion has been moved and seconded and the debate thereon concluded, the question shall be put by the President. 27. A motion may be withdrawn with the leave of the Senate before the question has been fully put thereon; but if so withdrawn may be moved again at some other sitting of the Senate after due notice. 28.- (1) A motion the object or effect of which may be to suspend Standing Orders shall not be moved except with the consent of the President. (2) Whenever the President deems it necessary for the proper conduct of the business of the Senate or in any case of urgent necessity, any Standing 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 avoidance of 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.