Rules of Procedure of the Parliament of Oceana (1st Edition)

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    Parliament of Oceana

    Rules of Procedure

    1st Edition

    November 2011

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    Foreword and Authors

    Work on these Rules of Procedure for the Parliament of Oceana began on 30 June 2011 and was

    completed on 7 November 2011. After months of deliberation and conscientious effort from the

    dedicated commitment of a special committee tasked with the creation of these Rules of Procedure.

    Drawing influence from the Standing Orders and Rules of Procedure of a number of contemporary

    states and nations, these Rules are as much a homage to democracy as they are an experimentation

    into the mechanisms of the Parliamentary politics.

    It is the hope of the authors that the long hours of research and debate over the content of these

    Rules will allow the Parliament of Oceana to perform with efficiency and achieve peace and

    prosperity for the people of the Republic of Oceana. These are the Rules that will guide the

    Parliament during its most exuberant eras and its darkest hours. These are the first ever Rules of

    Procedure for the Parliament of Oceana.

    These Rules of Procedure were authored by an independent special committee chaired by Jani

    Helle. The membership of this committee was as follows:

    Jani Helle, Alec Brasier, Ciara McAvoy, Pasi Autio and Andrew FosterWith thanks to Tiia Hurri and Matthew Sweeney

    The Rules of Procedure are henceforth maintained and updated by the Administration Committee of

    the Parliament of Oceana. Please send any comments and feedback about the document to the

    Speaker's Council at [email protected].

    ______________________________________

    Jani Helle

    __________________________________ __________________________________

    Alec Brasier Ciara McAvoy

    ________________________ ________________________

    Pasi Autio Andrew Foster

    The Rules of Procedure of the Parliament of Oceana, formed in accordance withChapter III of the Constitution of the Republic of Oceana, with the aim of layingdown the rules for the organization and functioning of the Parliament and all its

    organs, shall hereby be adopted by the Parliament.

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    Contents

    Chapter 1

    General Provisions1.1 Main Provisions 1

    1.2 Supremacy of the Constitution 1

    1.3 Definitions 1

    Chapter 2Members of Parliament

    2.1 Members of Parliament 2

    2.2 Oath of Office 2

    2.3 Term of Office 2

    2.4 Loss of Status and Disqualification 2

    2.5 Vacancies 32.6 Code of Conduct 3

    2.7 Rights and Responsibilities of Representatives 3

    2.8 Immunities of Representatives 3

    2.9 Withdrawal of Rights and Privileges 3

    Chapter 3Officers of the Parliament

    3.1 Speaker of Parliament 3

    3.2 Clerk of Parliament 4

    3.3 Deputy Speakers 4

    3.4 Resignation of Parliamentary Officers 53.5 Removal of Parliamentary Officers 5

    Chapter 4The Speaker's Council and Management of Business

    4.1 The Speaker's Council 5

    4.2 Members of the Speaker's Council 6

    4.3 Meetings and Procedure of the Speaker's Council 6

    4.4 Parliamentary Calendar 7

    4.5 Parliamentary Agenda 7

    Chapter 5The Prime Minister and the Government5.1 Election of the Prime Minister 7

    5.2 Formation of the Government 8

    5.3 Programme of the Government 8

    5.4 Motions of No Confidence in the Prime Minister 8

    5.5 Motions of Confidence in the Prime Minister 9

    5.6 Immunities of the Prime Minister 9

    Chapter 6Meetings of Parliament

    6.1 Session of Parliament 9

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    6.2 Meetings of Parliament 9

    6.3 First Meeting Following a General Election 9

    6.4 Parliamentary Recess 10

    6.5 Chairing of Meetings 10

    6.6 Quorum 10

    6.7 Agenda 10

    6.8 Announcement of Communications 10

    6.9 Topical Debates 106.10 Witnesses and Documents 10

    6.11 Location 11

    Chapter 7Conduct of Meetings

    7.1 Calling Speakers and Content of Speeches 11

    7.2 Order in the Chamber 11

    7.3 Suspension and Closure of Meetings by the Speaker 11

    7.4 Forms of Address 12

    7.5 Calculating the Length of Debates or the Number of Speakers 12

    7.6 Calling the Roll 12

    Chapter 8Parliamentary Committees

    8.1 Establishment of Committees 12

    8.2 Functions of all Committees 13

    8.3 Membership of Committees 13

    8.4 Committee Substitutes 13

    8.5 Administration Committee 14

    8.6 Finance Committee 14

    8.7 Domestic Affairs Committee 14

    8.8 Foreign Affairs Committee 15

    8.9 Defence Committee 158.10 Duration of Committees 15

    8.11 Joint Consideration by Committees 16

    8.12 Sub-Committees and Investigative Committees 16

    8.13 Committee of the Whole Parliament 16

    Chapter 9Committee Procedures

    9.1 Conveners of Committees 16

    9.2 Procedure in Committee 17

    9.3 Participation by Substitutes 18

    9.4 Committee Meetings 18

    9.5 Witnesses, Documents and Advisers 18

    9.6 Reports and Proposals of Committees 18

    9.7 Annual Reports 18

    Chapter 10Motions and Points of Order

    10.1 Motions 19

    10.2 Notice of Motions 19

    10.3 Motions Taken by the Parliament 19

    10.4 Amendments to Motions and Notice of Amendments 20

    10.5 Amendments Taken by the Parliament 20

    10.6 Amendments to Amendments 20

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    10.7 Application to Committees 20

    10.8 Motions of the Prime Minister 20

    10.9 Motions for Tax-Varying Resolutions 20

    10.10 Motion of Confidence and No Confidence 21

    10.11 Procedural Motions 21

    10.12 Motions for Closure or Extension of a Debate 21

    10.13 Motions for Adjournment of a Debate 21

    10.14 Motions for Adjournment and Closure of Meetings 2110.15 Point of Order 22

    Chapter 11Procedures and the Adoption of Legislation

    11.1 General Rules and Special Rules 22

    11.2 Types of Bills 22

    11.3 Introduction and Form of Bills 22

    11.4 Parliamentary Bills 22

    11.5 Committee Bills 23

    11.6 Government Bills 23

    11.7 Executive Bills 23

    11.8 Budget Bills 2311.9 Emergency Bills 24

    11.10 Stages of Bills 24

    11.11 Stage 1 (Introduction Stage) 25

    11.12 Stage 2 (Committee Stage) 25

    11.13 Stage 3 (Decision Stage) 26

    11.14 Representative in Charge 27

    11.15 Amendments to Bills 27

    11.16 Withdrawal of Bills 28

    11.17 Reconsideration, Referendum and Repeal of Laws 28

    11.18 Publishing of Bills 28

    11.19 Signature of Acts Adopted by Parliament 28

    11.20 Signing into Law and Promulgation 29

    Chapter 12Voting and Decisions of the Parliament

    12.1 Decision of the Parliament 29

    12.2 Right to Vote 29

    12.3 Manner of Voting and Recording of Votes 29

    12.4 Divisions 30

    12.5 Decision Time 30

    12.6 Decisions in Committees 31

    12.7 Simple, Absolute and Super Majority 31

    Chapter 13Statements and Parliamentary Questions

    13.1 Personal Statements 31

    13.2 Ministerial Statements 31

    13.3 Questions to the Government and the Executive 31

    13.4 Emergency Questions 32

    13.5 Question Time 32

    Chapter 14Parliamentary Confirmation

    14.1 General Rules 32

    14.2 Confirmation of Chief Officials 33

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    14.3 Confirmation of Cabinet Ministers 33

    14.4 Confirmation of Justices 33

    Chapter 15Openness and Accessibility

    15.1 Meetings in Public 33

    15.2 Public Access 3315.3 Access to the Chamber 33

    15.4 Petitions 34

    15.5 Admissibility of Petitions 34

    15.6 Action on Petitions 34

    15.7 Closing Petitions 34

    15.8 Notification 34

    Chapter 16Laying and Publication of Documents

    16.1 Laying of Reports and Other Documents 35

    16.2 Publication of Documents 35

    16.3 Classified Documents 35

    16.4 Relations with the Executive 35

    Chapter 17Reporting of Proceedings

    17.1 Minutes of Proceedings 35

    17.2 Recording the Roll 35

    17.3 Recording of Decisions 36

    17.4 Publication of Official Documents 36

    Chapter 18Review and Amending the Rules of Procedure18.1 Amendments to the Rules of Procedure 36

    18.2 Annual Review 36

    18.3 Committee Review 36

    18.4 Procedures for Amending the Constitution of the Republic 36

    Chapter 19Final Provisions

    19.1 Dissolution of the Parliament 37

    19.2 Interpretation and Suspension of the Rules of Procedure 37

    19.3 Ratification of the Rules of Procedure 3719.4 Entry Into Force 37

    Chapter 20Additional Documents

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    Chapter 1

    General Provisions

    Rule 1.1 Main Provisions

    1. The Parliament of Oceana is established by the Constitution of the Republic of Oceana.

    2. These Rules of Procedure establish the organization and functioning of the Parliament of Oceana, the

    Speaker's Council, the Government of Oceana, Parliamentary Committees and other bodies andofficials of the Parliament.

    Rule 1.2 Supremacy of the Constitution

    1. The Constitution of the Republic of Oceana shall always hold precedence over these Rules of

    Procedure of the Parliament.

    Rule 1.3 Definitions

    1. The terms used in these Rules of Procedure shall have the following meanings:

    Absolute Majority: in voting, more than half of the total number of Representatives in Parliament.

    Act: a Bill adopted by the Parliament.

    Amendment: a proposal to substantively change, delete or add a provision to a Bill, the Rules, or

    the Constitution of the Republic.

    Bill: a proposal for a law submitted to the Parliament, through the Clerk of Parliament, for debate

    and approval.

    Budgetary Year: commencing from the 15th of January, the year for which the Budget approved

    by Parliament shall be in effect.

    Competent matters: matters within the remit of a Committee.

    Division: a vote wherein Representatives stand to physically express their vote, and the vote of

    each Representative shall be recorded.

    Executive: the office of the President of the Republic.

    Group Representative: a member of a Parliamentary Group in Parliament who has been chosen

    by their Group to represent them on the Speaker's Council.

    Government: the executive body of Parliament, consisting of the Prime Minister, Deputy Ministerand the Cabinet of Ministers.

    Law: an Act of Parliament deemed binding following signature by the President of the Republic.

    Lead Committee: the Parliamentary Committee within whose remit a particular Bill falls, and is

    tasked with a particular Bill at Stage 2.

    Motion: a written substantive proposal submitted to the Clerk, or a written procedural proposal

    presented to the Parliament for debate and vote in accordance with these Rules.

    Official documents of the Parliament: any questions, motions or Bills circulated to

    Representatives, written answers to questions, recommendations or reports provided by the

    Committees, Minutes as well as other material submitted for debate by the Parliament or any of its

    Committees.

    Oldest qualified Representative: the oldest Representative present at a meeting of the Parliament,who may be called upon to preside over a part of a meeting, in accordance with Rule 6.5.2.

    Representative: a member of the Parliament shall be referred to as a Representative of the People

    of Oceana, and shall be addressed as such during meetings of the Parliament.

    Simple Majority: in voting, more than half of Representatives present at a meeting of Parliament.

    Parliamentary Group: the association of not less than 3 Representatives who have informed the

    Speaker's Council about their intention to act as a separate group within Parliament, for the purpose

    of joining the Speaker's Council.

    Party Representative: a member of a political party in Parliament who has been chosen by their

    party to represent them on the Speaker's Council.

    Resolution: a written motion which expresses through voting the will of the Parliament.

    Sponsor: any Representative who has informed the Clerk of their support for a particular Bill.

    Super Majority: in voting, two-thirds of the total number of Representatives in Parliament.

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    Urgent matter: a matter that is related to a genuine emergency which could not be brought before

    the Parliament within a reasonable time by other means and upon which the Parliament takes a

    decision.

    Chapter 2Members of Parliament

    Rule 2.1 Members of Parliament

    1. The members of the Parliament shall be known as Representatives of the Republic of Oceana, and are

    referred to in these Rules as Representatives or Members.

    2. Representatives are elected to serve as Members of the Parliament in accordance with Chapter VII of

    the Constitution of the Republic of Oceana, and as provided by an Act of Parliament.

    Rule 2.2 Oath of Office

    1. Every person who is elected as a Representative shall take the oath of office before the Clerk of

    Parliament at the first meeting of the Parliament. A Representative shall not take part in any other

    proceedings of the Parliament until that Representative has taken the Oath.2. Should the Clerk not be available, the Oath shall be taken before the Speaker of Parliament or another

    person appointed by the Speaker.

    3. The Representatives shall then sign the text of the Oath and a register kept by the Clerk of Parliament

    for confirmation.

    4. The Oath of Office to be taken by each Representative is:

    I, _____________, elected as a Representative of the people of Oceana, hereby affirm that in myduties as a Member of the Parliament of Oceana, I shall sincerely and conscientiously, to the best ofmy ability, promote the well-being of the people of Oceana and observe, uphold and defend the

    Constitution and the laws of the Republic.

    Rule 2.3 Term of Office

    1. The term of office of a Representative begins on the day which the Representative is elected and ends

    with the dissolution of the Parliament or, if earlier, that Representative's incapacity or resignation.

    2. A Representative may at any time resign from that Representative's seat by giving notice in writing to

    the Speaker of Parliament.

    3. A Representative may also cease to be a member of Parliament in accordance with Rule 2.4 or failure

    to comply with Rule 2.2.

    Rule 2.4 Loss of Status and Disqualification

    1. A Representative shall cease to be a member of Parliament:

    (a) if he or she is convicted of a criminal offence in Oceana and sentenced to serve a prison term for a

    period of six (6) months or more;

    (b) if a Representative throughout a period of four (4) months attends none of the meetings of theParliament or of a Committee of which he or she is a member, and cannot show good cause to the

    satisfaction of the Speaker of Parliament. In such a case, the Speaker shall propose to the

    Parliament that the Representative concerned cease to be a member of Parliament. The Parliament

    shall decide on the matter at its next meeting.

    2. The Speaker shall notify the Parliament where a person is, or is alleged to be, disqualified from being a

    Representative on any grounds.

    3. Any Representative may, within seven (7) days of such notification, by motion propose that the

    Parliament disregard the disqualification. The motion is valid only if it is seconded by another

    Representative.

    4. In the case of Rule 2.4.1(b), the Representative in question may in writing submit to the Parliament any

    arguments or reasons which show good cause for his or her failure to attend the meetings in question,

    and shall also be permitted to address the Parliament briefly if he or she so wishes to.

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    Rule 2.5 Vacancies

    1. In the event of a vacant seat in Parliament, due to the disqualification, incapacity or resignation of a

    Representative, the Speaker of Parliament shall set a date for an election to fill that seat. This date must

    be within two (2) months of the effective date when Parliament is in Session, or at the earliest possible

    date.

    Rule 2.6 Code of Conduct

    1. Representatives shall at all times in their official capacity act and dress respectably and responsibly.2. Representatives shall comply with the Code of Conduct of the Parliament, which shall be laid down by

    the Administration Committee in the Parliamentary Code of Conduct Act, which shall be affixed to

    these Rules in Chapter 20.

    Rule 2.7 Rights and Responsibilities of Representatives

    1. All Representatives have an equal right and responsibility to participate fully in the proceedings of the

    Parliament, acting in accordance with their convictions and conscience. This shall include, but not be

    limited to, the right to initiate Bills according to Chapter 11 and resolutions, to question members of

    the Government and the Executive, to vote on all proposed decisions of the Parliament and to take part

    on an equal basis with other Representatives in all debates of the Parliament.

    2. Representatives shall be compensated for their work in the Parliament, as determined by Parliament, on

    a motion of the Speaker's Council. Details on remuneration shall be detailed in the Parliamentary

    Remuneration Act.

    3. Representatives may be entitled to additional rights, as provided for by these Rules or an Act of

    Parliament.

    Rule 2.8 Immunities of Representatives

    1. Representatives shall be immune from all civil and criminal proceedings with regard to words spoken

    or written or other acts performed in their capacity as Representatives. This immunity does not include

    acts which knowingly and in full conscience and intentionally break any laws in effect in the Republic

    of Oceana.

    2. Representatives shall also be immune from arrest and prosecution with regard to his or her actions

    unless the Parliament takes a decision to waive his or her immunity.3. The request to waive the immunity of a Representative shall be made by the competent body in charge

    of criminal prosecution, while the decision to waive the immunity of a Representative shall be taken by

    the Parliament following the recommendations of the Administration Committee.

    4. A Representative whose immunity has been waived shall be entitled to appeal to the Supreme Court,

    which shall decide on the matter.

    5. With the exception of Rule 2.8.2, detention may be awarded against a Representative, without the prior

    consent of the Parliament, when he or she is caught committing a serious criminal act in flagranti.

    Rule 2.9 Withdrawal of Rights and Privileges

    1. The Parliament may, on a motion of the Speaker's Council, withdraw from a Representative their rights

    and privileges as a Representative to such extent and such period as are specified in the motion.

    Chapter 3

    Officers of the Parliament and Other Officers

    Rule 3.1 The Speaker of Parliament

    1. The Speaker of Parliament shall be elected in accordance with Chapter VII of the Constitution of the

    Republic of Oceana.

    2. Once the Speaker takes office, following an election, they shall take the Oath of Office before the

    President of the Republic, and sign the text of the Oath and a register kept by the Clerk of Parliament

    for confirmation.

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    3. The Oath of Office for the Speaker of Parliament is:4. I, ______________, affirm that in my office as Speaker of Parliament I shall sincerely and

    conscientiously, to the best of my ability, defend the rights of the people of Oceana and of theParliament in accordance with the Constitution of the Republic.

    5. The Speaker of Parliament shall:

    (a) preside over any meeting of the Parliament and exercise a casting vote in the event of a tie;

    (b) convene and chair any meeting of the Speaker's Council;

    (c) determine any question as to the interpretation or application of these Rules and give ruling on any

    such question; and

    (d) represent the Parliament in discussions and exchanges with any parliamentary, governmental,

    administrative or other body, whether within or outwith the Republic of Oceana.

    6. The Speaker shall have such other functions as may be conferred upon the Speaker by an Act of

    Parliament, by these Rules or by the Constitution.

    7. In exercising any functions, the Speaker shall act impartially, taking account of the interests of all

    Representatives equally.

    8. The Speakers functions may be exercised by a Deputy Speaker if the office of Speaker is vacant or if

    the Speaker is for any reason unable to act.

    9. The Speaker may authorise a Deputy Speaker to exercise any of the Speakers functions on the

    Speakers behalf.10. In the event of the disqualification, incapacity or resignation of the President of the Republic, the

    Speaker shall act as interim President until such a time as a new President has been elected. The first

    task of the Speaker, as interim President, is to call for a Presidential Election, to be held within one (1)

    month of the departure of the previous President.

    Rule 3.2 Clerk of Parliament

    1. The Clerk of Parliament is appointed by the Speaker of Parliament at the first meeting of Parliament

    following a general election, with the approval of Parliament, for the entire Parliamentary Session.

    2. The duties of the Clerk are:

    (a) to receive notices of Bills and Motions, to be passed on to the Speaker's Council;

    (b) to administer the Roll Call at the beginning of each meeting of Parliament;

    (c) to keep Minutes of each meeting of Parliament, in accordance with Rule 17.1.(d) to keep Minutes of meetings of the Speaker's Council;

    (e) to maintain the Parliamentary Calendar;

    (f) to record the numerical and individual votes cast in all decisions of the Parliament;

    (g) to ensure that the Speaker and Representatives comply with the Rules of Procedure;

    (h) to sign each Act of Parliament, before it is passed to the Speaker to sign;

    (i) to provide the President of the Republic with the Acts of Parliament following each meeting of

    Parliament;

    (j) to administer the Oath of Office for Representatives at the inaugural meeting of Parliament, and

    keep a register of Representatives who have taken the Oath; and

    (k) to notify Representatives about the Parliamentary Agenda and any changes to it.

    3. The Speaker may appoint, with the approval of the Parliament, a Deputy Clerk to assist the Clerk in

    their duties.4. If the office of Clerk is vacant or the Clerk is prevented from attending to his or her duties, the Deputy

    Clerk shall perform the duties of the Clerk. If also the Deputy Clerk is prevented, the Speaker shall

    invite a qualified person to temporarily perform the duties of the Clerk.

    Rule 3.3 Deputy Speakers

    1. The Parliament shall, at its first meeting following a general election, elect from among its members

    two (2) Deputy Speakers.

    2. The Deputy Speakers are to be elected at the same time, wherever possible.

    3. The Deputy Speakers may not be members of the same political party.

    4. A Representative may at any time following the announcement of the election for Deputy Speakers,

    and before the election, nominate a candidate for appointment as Deputy Speaker by submitting a

    written nomination to the Clerk of Parliament. A nomination shall be valid only if it is seconded by

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    another Representative.

    5. If there are no candidates for Deputy Speaker, another election for Deputy Speakers shall be held at the

    next opportune moment.

    6. The election of Deputy Speakers shall be by secret ballot at a time appointed by the Speaker of

    Parliament. After the time allocated for the vote has passed, the Clerk shall announce the result of the

    vote and the candidate or candidates deemed elected.

    7. In chairing meetings of the Parliament, the Speaker shall be assisted by one of the Deputy Speakers in

    accordance with the principle of rotation determined by the Speaker's Council.8. In exercising any functions, the Deputy Speakers shall act impartially, taking account of the interests of

    all Representatives equally.

    9. If a Deputy Speaker ceases to hold office before the Parliament is dissolved, the Parliament shall elect

    another Deputy Speaker from among its members at its next meeting.

    Rule 3.4 Resignation of Parliamentary Officers

    1. The Speaker of Parliament may resign office by giving notice in writing to the President of the

    Republic and the Clerk of Parliament.

    2. The Clerk of Parliament and the Deputy Clerk may resign by giving notice in writing to the Speaker.

    3. A Deputy Speaker may resign office by giving notice in writing to the Clerk.

    4. The Clerk shall notify the Parliament of any such resignation. In the case of the Clerk resigning, the

    Deputy Clerk or the Speaker shall notify Parliament.

    Rule 3.5 Removal of Parliamentary Officers

    1. The Parliament may by a motion propose that the Speaker of Parliament, Clerk of Parliament, Deputy

    Clerk or a Deputy Speaker be removed from office. The motion is valid only if it is supported by at

    least one-third (1/3) of all Representatives.

    2. The Speaker, Clerk or Deputy Speaker is removed from office if the Parliament so decides by a super

    majority.

    3. The President of the Republic may veto the removal of the Speaker of Parliament. Parliament may

    override this veto with a three-fourths (3/4) majority of all Representatives.

    Chapter 4

    The Speaker's Council and Management of Business

    Rule 4.1 The Speaker's Council

    1. The Parliament shall establish the Speaker's Council on accordance with these Rules.

    2. The main functions of the Speaker's Council shall be to:

    (a) propose the Parliamentary Calendar as mentioned in Rule 4.4;

    (b) propose the Parliamentary Agenda as mentioned in Rule 4.5;

    (c) propose the establishment, remit, membership and duration of any Committee or Sub-Committee;

    (d) determine any question regarding the competence of a Committee to deal with a matter and, if two(2) or more Committees are competent to deal with a matter, to determine which of those

    Committees is to be the Lead Committee responsible for that matter, or create a Joint Committee;

    (e) make proposals and issue instructions on the arrangement of Parliamentary work;

    (f) make proposals on the establishment of Investigative Committees, their membership and remit;

    (g) make proposals on the seating arrangement of Parties and Groups in the Parliament;

    (h) act as a consultative body in matters within the competence of the Speaker.

    3. The Speaker's Council shall have such other functions relating to the business of the Parliament or ofany Committee or Sub-Committee as may be conferred upon it by these Rules or by the Parliament.

    4. The Speaker's Council shall not be regarded as a Committee for the purpose of these Rules.

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    Rule 4.2 Members of the Speakers' Council

    1. The Speaker's Council shall consist of:

    (a) the Speaker of Parliament

    (b) the Deputy Speakers

    (c) a representative of each political party represented by 3 or more Representatives (a Party

    Representative) who is nominated by the leader within the Parliament of that Party;

    (d) a representative of any Group formed under Rule 4.2.2 (a Group Representative) who is

    nominated by that Group; and(e) the Clerk of Parliament and Deputy Clerk.

    2. Representatives who represent a political party with fewer than 3 Representatives in the Parliament and

    Representatives who do not represent a political party may join together to form a Parliamentary Group

    for the purpose of nominating a Group Representative under Rule 4.2.1(d). The number of members in

    any such group shall be at least 3.

    3. The nomination of a Party or Group Representative may be made to the Speaker at any time during a

    Parliamentary Session. The nomination shall be made in writing and, in the case of the nomination of a

    Group Representative, must be signed by each member of the Group.

    4. Following the nomination of a Party or Group Representative, the political party or parliamentary

    group in question shall vote for the nominee or nominees. The Clerk shall certify the vote and report

    the result to the Speaker.

    5. If a Representative wishes to join a Parliamentary Group or no longer wishes to form part of that

    Group, that Representative shall notify the Speaker and the Group that the Group Representative

    represents or, as the case may be, no longer represents that Representative.

    6. If, at any time and for whatever reason, a Party or Group Representative no longer represents three (3)

    or more Representatives (including the Representative in question), that Representative shall cease to

    hold office as a member of the Speaker's Council and the Speaker shall notify the Parliament

    accordingly.

    7. Where a Party or Group Representative ceases to hold office as a member of the Speaker's Council in

    any circumstances other than those mentioned in Rule 4.2.6, the leader of the Party or the Group which

    nominated that Representative shall nominate another Representative to it in place of that

    Representative.

    8. A Party or Group Representative may arrange for another member to take that Representatives place ata meeting of the Speaker's Council if the Speaker has been notified in writing in advance of that

    meeting. Prior notification may not be required in exceptional circumstances. This decision shall be at

    the discretion of the Speaker.

    Rule 4.3 Meetings and Procedure of the Speaker's Council

    1. The Speaker of Parliament shall convene and chair meetings of the Speaker's Council.

    2. The Speaker's Council shall meet at least two (2) days before each meeting of Parliament, to prepare

    the Parliamentary Agenda.

    3. The Speaker's Council shall meet in private.

    4. The Speaker's Council shall not consider any business if the number of members of the Council who

    are present is less than half of the total number of members of the Council.

    5. Matters to be decided by the Speaker's Council shall, in the event of any disagreement, be decided by avote. The vote shall be conducted in such a manner as the Speaker may determine.

    6. The Speaker shall have a casting vote but shall not otherwise vote in the proceedings.

    7. A Party or Group Representative shall carry one vote for each member of the Party or Group which

    that Representative represents (including the Representative). The Representative shall notify the

    Speaker and other members of the Speaker's Council of the number of votes which that Representative

    carries and of any changes to that number.

    8. A Deputy Speaker may participate in the proceedings but may not vote unless that Deputy is chairing

    the meeting in place of the Speaker, when that Deputy shall have a casting vote.

    9. The Clerk of Parliament shall keep Minutes of meetings of the Speaker's Council and shall periodically

    publish these Minutes.

    10. The Clerk and the Deputy Clerk shall not have voting rights in the Speaker's Council.

    11. The Speaker's Council may invite members of the Executive or of the Government to attend a meeting

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    of the Speaker's Council and those persons may participate in the meeting but may not vote.

    12. The Speaker must convene a meeting of the Speaker's Council if one-fifths (1/5) of the Representatives

    so demand.

    Rule 4.4 Parliamentary Calendar

    1. The Speaker's Council shall maintain a calendar of Parliamentary events (referred to as the

    Parliamentary Calendar or the Calendar).

    2. The Calendar shall contain the following:(a) the date, time and location of each Parliamentary Meeting;

    (b) the dates of any significant Parliamentary Recess;

    (c) the date, time and location of each Committee Meeting;

    (d) the timetable for each stage for any introduced Bill.

    3. The Parliamentary Calendar shall be made public.

    Rule 4.5 Parliamentary Agenda

    1. The Speaker's Council shall meet at least two (2) days prior to each Parliamentary Meeting to discuss

    the agenda for the next meeting of Parliament (referred to as the Parliamentary Agenda or the

    Agenda).

    2. The Agenda shall include all the business the Parliament for that meeting and shall also include:

    (a) any communications to the Parliament;

    (b) important business of the Parliament;

    (c) unfinished business from the previous Meeting;

    (d) any written Parliamentary Questions or Reports;

    (e) oral questions selected for answer at Question Time and the names of Representatives selected to

    lodge questions for answer at Question Time;

    (f) any reports from Committees;

    (g) notices of motions and amendments to motions;

    (h) notices of Bills introduced to the Parliament and amendments to Bills;

    (i) any Bills which have reached Stage 3 and are to be debated and voted upon; and

    (j) any other competent business.

    3. The Parliamentary Agenda shall be issued to Representatives by whatever means the Speaker considersappropriate and shall be made public.

    4. The Parliament may, on a motion of the Speaker's Council, make alterations to the Agenda.

    5. If any emergency business arises, the Speaker may allow that business to be taken at an appropriate

    point during a meeting of the Parliament and shall make any necessary alteration to the Agenda.

    Chapter 5

    The Prime Minister and the Government

    Rule 5.1 Election of the Prime Minister1. The Representatives of the respective political party or coalition which holds a majority of seats in

    Parliament shall elect from within their members a candidate for Prime Minister of Oceana.

    2. If no party holds the majority of seats in Parliament, the party with the most seats may attempt to create

    a coalition with other parties before electing a Prime Minister.

    3. Any Representative of the majority party is free to run, insofar that there is no conflict of interest to his

    or her standing professional duties.

    4. Once a candidate is elected, he or she shall declare their candidacy to the President of the Republic.

    The President shall then officially accept that individual as a candidate for Prime Minister, or if the

    President deems the candidate unqualified, reject the candidate. If the candidate is rejected, a 2/3 vote

    by the Parliament may override the Presidents rejection.

    5. The candidate for Prime Minister shall propose his or her general intentions once taking office for their

    prospective administration within nine (9) days of their candidature. The Parliament shall, on a motion

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    of the Speaker's Council, vote to accept the candidate following their statement. Representatives may

    vote for or against the candidate, or abstain.

    6. If the candidate for Prime Minister does not secure a majority of the votes of those Representatives

    present, the President shall reject their candidature and request the majority party or coalition to

    appoint another candidate in accordance with Rule 5.1.1.

    Rule 5.2 Formation of the Government

    1. Following the election of the Prime Minister by the Parliament, they shall be tasked with forming aGovernment, consisting of the Prime Minister, Deputy Prime Minister and the Cabinet of Ministers.

    2. The Prime Minister, together with the President of the Republic, shall from a Cabinet of Ministers. The

    Cabinet may not be larger than one-fifth (1/5) of all members of the Parliament. The Prime Minister

    and Deputy Prime Minister are not included into this calculation.

    3. The Cabinet must include the following mandatory Ministers:

    (a) Minister of Finance;

    (b) Minister of Domestic Affairs;

    (c) Minister of Foreign Affairs; and

    (d) Minister of Defence.

    4. Any Representative may be nominated as a Cabinet Minister.

    5. The Prime Minister may also nominate any other qualified individual as a Cabinet Minister, subject to

    Parliamentary Confirmation, in accordance with Rule 14.3.

    6. Parliament shall, on a motion of the Speaker's Council, vote to appoint the candidates for Deputy Prime

    Minister and Cabinet Ministers. The candidates shall be voted as a whole, unless otherwise requested

    by at least one-fifth (1/5) of all Representatives.

    7. The Government is elected where the candidates obtain a simple majority vote from the

    Representatives. Representatives may for vote, against, or abstain from the vote.

    8. If the proposed Government is not elected, or any individual candidate is not elected, the Prime

    Minister shall within seven (7) days propose new candidates for the posts not confirmed.

    9. Any subsequent vacancies to the Cabinet may be filled by appointment by the Prime Minister, subject

    to Parliamentary Confirmation in accordance with Rule 14.3.

    Rule 5.3 Programme of the Government of Oceana1. Within two (2) weeks of the formation and election of the Government, the Prime Minister shall make

    a statement to a meeting of the Parliament setting out the policy objectives and legislative programme

    of the Government of Oceana for the Parliamentary Session (known as the Government Programme).

    2. The Prime Minister shall give notice of that proposal to the Clerk of Parliament. The Speaker's Council

    shall ensure that sufficient time is allocated in the Agenda for the statement to be made, debated and

    voted upon.

    3. Following the statement the Parliament shall, on a motion of the Speaker's Council, vote on a motion

    of confidence in Government Programme.

    4. If the motion of confidence does not receive a simple majority of the votes cast, the Government shall

    fall, and the President of the Republic shall instruct the majority party or coalition to appoint a new

    candidate for Prime Minister, pursuant to Rule 5.1.

    5. If the Parliament fails to elect a new Prime Minister within two (2) weeks, the President shall appointone or dissolve Parliament, pursuant to Rule 19.1

    Rule 5.4 Motions of No Confidence in the Prime Minister

    1. Parliament may, by motion, express its lack of confidence in the Prime Minister.

    2. Any such motion must be supported by at least one-third (1/3) of all Representatives, and shall be

    lodged in writing to the Clerk of Parliament.

    3. Should the Parliament, by an absolute majority, express no confidence in the Prime Minister, the Prime

    Minister and the Government must resign, and the President of the Republic shall instruct the majority

    party or coalition to appoint a new candidate for Prime Minister, pursuant to Rule 5.1.

    4. If the Parliament fails to elect a new Prime Minister within two (2) weeks, the President shall appoint

    one or dissolve Parliament, pursuant to Rule 19.1

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    Rule 5.5 Motions of Confidence in the Prime Minister

    1. The Prime Minister may initiate a motion of confidence, or attach such a motion to a Government Bill.

    2. A motion of confidence requires a simpler majority of Representatives.

    3. If the motion, or the Bill to which the motion is attached to, falls, the Prime Minister must resign, and

    the President of the Republic shall instruct the majority party or coalition to appoint a new candidate

    for Prime Minister, pursuant to Rule 5.1.

    4. If the Parliament fails to elect a new Prime Minister within two (2) weeks, the President shall appoint

    one or dissolve Parliament, pursuant to Rule 19.1

    Rule 5.6 Immunities of the Prime Minister

    1. The Prime Minister shall be immune from all civil and criminal proceedings with regard to words

    spoken or written or other acts performed in his or her capacity as Prime Minister. This immunity does

    not include acts that openly encourage violence, treason, or anarchy within the Republic of Oceana.

    2. The Prime Minister shall also be immune from arrest and prosecution with regard to his or her actions

    unless the Parliament takes a decision to waive that immunity.

    3. The request to waive the immunity of the Prime Minister shall be made by the competent body in

    charge of the respective prosecution, while the decision to waive the immunity of the Prime Minister

    shall be taken by the Parliament following any pertinent recommendations from Investigative

    Committees or authorities topical to the Prime Ministers action.

    4. The Prime Minister whose immunity has been waived shall be entitled to, personally or via an

    authorized person, appeal to the Supreme Court, which shall decide on the matter.

    Chapter 6

    Meetings of Parliament

    Rule 6.1 Session of Parliament

    1. A Session of Parliament shall be the period from the date of the first meeting of Parliament following a

    general election until the Parliament is dissolved, prior to the next general election.

    2. A Session of Parliament shall always end no later than the first week of the tenth calendar month.

    3. A Session of Parliament may exceptionally end early, if dissolved by the President of the Republic,

    pursuant to Rule 19.1.

    4. A Session of Parliament may exceptionally be extended during a State of Emergency in the Republic,

    in accordance with Chapter XII of the Constitution of the Republic.

    Rule 6.2 Meetings of the Parliament

    1. The Parliament shall meet on the day appointed or determined for its first meeting following a general

    election.

    2. The Speaker's Council shall decide the date and time for any subsequent meeting of the Parliament.

    3. A meeting of the Parliament shall normally begin and end on the same day, and, no more than one

    meeting of the Parliament may take place on the same day.4. A meeting of the Parliament begins when the Speaker of Parliament, or another individual chairing the

    meeting, takes the chair.

    5. The Speaker may convene the Parliament on other dates or at other times in an emergency.

    6. Meetings of the Parliament shall be held in public, unless Parliament by a simple majority decides to

    hold the meeting, or part of the meeting, in private.

    7. Rule 6.2.6 is subject to the agreement of the Speaker, who shall determine whether the matters being

    debated warrant a private meeting.

    Rule 6.3 First Meeting Following a General Election

    1. The first meeting of the Parliament following a general election shall be held on the day and at the time

    determined by the Speaker of Parliament. The Clerk of Parliament shall notify Representatives of the

    date and time of that meeting.

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    2. That meeting shall be chaired by the Speaker. If the Speaker is indisposed, the meeting shall be

    temporarily chaired by the President of the Republic or another individual appointed by the Speaker, if

    that person has taken the Oath of Office for their position.

    3. The Parliament, during its first meeting following a general election, shall:

    (a) take the Oath of Office;

    (b) approve the Speaker's candidate for Clerk of Parliament and Deputy Clerk;

    (c) elect the Deputy Speakers; and

    (d) appoint the Party and Group Representatives.

    Rule 6.4 Parliamentary Recess

    1. The Speaker of Parliament shall decide, on a motion of the Speakers' Council, the dates of any

    Parliamentary recess, which shall be notified by the Clerk of Parliament to Representatives of

    Parliament.

    Rule 6.5 Chairing of Meetings

    1. Meetings of the Parliament shall be chaired by the Speaker of Parliament or by a Deputy Speaker.

    2. Where the offices of Speaker or both Deputy Speakers are vacant, a meeting of the Parliament shall be

    chaired by the oldest qualified Representative but only for the purpose of presiding over the

    proceedings for the election of a temporary Deputy Speaker and setting the date of an election for the

    Speaker.

    3. Where the Speaker and both Deputy Speakers are unable to act, a meeting of the Parliament shall be

    chaired by any qualified Representative present at the meeting, who shall temporarily have similar

    functions to those of the Speaker for the purpose of conducting the meeting.

    Rule 6.6 Quorum

    1. One-third (1/3) of the members of the Parliament shall constitute a quorum.

    2. Meetings of the Parliament shall not be held when the number of Representatives present does not

    meet quorum.

    3. If the number of Representatives at a meeting of Parliament falls below quorum, the Speaker of

    Parliament shall halt all proceedings until quorum is reached. If quorum is not regained within 30

    minutes, the Speaker shall close the meeting.

    Rule 6.7 Agenda

    1. Prior to each meeting, in accordance with Rule 4.5, the Speaker's Council shall compose the

    Parliamentary Agenda for the meeting and notify Representatives of this.

    Rule 6.8 Announcement of Communications

    1. At the start of each Parliamentary Meeting, the Speaker of Parliament may convey to the

    Representatives any communications directed at the Parliament.

    2. The communications may be conveyed by the Speaker, or by anyone else, at the invitation of the

    Speaker.

    Rule 6.9 Topical Debates1. Parliament may hold debates on a specific topic or theme at a meeting of Parliament.

    2. Any Representative may propose a topic or theme for debate. The proposal shall be lodged in writing

    to the Speaker's Council at least two (2) days prior to a meeting of Parliament. The Speaker's Council

    shall only consider such a proposal if it has been sponsored and signed by no less than three (3)

    Representatives.

    3. In accordance with Rule 6.9.2, and if the proposed topic or theme is deemed appropriate, the Speaker's

    Council shall allocate a time for the Topical Debate on the Parliamentary Agenda.

    4. If approved, the Representative who proposed the topic for debate shall introduce it at the assigned

    meeting of Parliament.

    Rule 6.10 Witnesses and Documents

    1. The Parliament may, in connection with any matter, invite any person to:

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    (a) attend its proceedings for the purpose of giving evidence;

    (b) produce documents in that person's custody or under that person's control.

    Rule 6.11 Location

    1. Meetings of the Parliament shall be held in Glaschu.

    2. The Speaker of Parliament may decide, on a motion of the Speakers' Council, that a meeting of the

    Parliament shall be held in another place in Oceana and Representatives shall be notified of that place.

    Chapter 7

    Conduct of Meetings

    Rule 7.1 Calling Speakers and Content of Speeches

    1. No Representative may speak unless called upon to do so by the Speaker of Parliament. In deciding

    who should be called, the Speaker shall have regard to the nature of the business under consideration.

    Normally, Representatives shall speak standing at their places and shall address the Speaker.

    2. The Speaker may allocate speaking time, whether for proceedings in relation to a particular item of

    business or for a particular speaker in any proceedings, and may do so whether or not the proceedingshave started or the particular speaker has started to talk. The Speaker may not allocate speaking time in

    a manner that would disrupt any timetable of business set out in the Parliamentary Agenda.

    3. The Speaker may order a Representative to stop speaking if that Representative continues to speak

    beyond any time allocated to that Representative or to that item of business (whether by the Speaker, in

    the Agenda or under these Rules) or if, in the opinion of the Speaker, the Representative departs from

    the subject or repeats what the Representative has already said.

    4. A speaker may not be interrupted except by the Speaker. The speaker may, however, give way to allow

    another Representative to intervene.

    Rule 7.2 Order in the Chamber

    1. Representatives shall at all times conduct themselves in a courteous and respectful manner and shall

    respect the authority of the Speaker of Parliament. In particular, Representatives shall not speak or

    stand when the Speaker is speaking.

    2. Representatives shall at all times conduct themselves in an orderly manner and, in particular, shall not

    conduct themselves in a manner that would constitute a criminal offence or contempt of court.

    3. Any Representative who is in breach of Rule 7.2.2 may be ordered by the Speaker to leave the chamber

    and may be excluded from the meeting:

    (a) on the order of the Speaker for such period as the Speaker thinks fit; and

    (b) for such further period as the Parliament may decide, on a motion of the Speaker's Council.

    4. A motion under Rule 7.2.3(b) may not be amended. If the motion is debated only the following may

    speak:

    (a) the Representative concerned; and

    (b) one (1) Representative for the motion and one (1) Representative against the motion.

    Rule 7.3 Suspension and Closure of Meetings by the Speaker

    1. The Speaker of Parliament may, if the Speaker considers it appropriate, suspend a meeting of the

    Parliament:

    (a) if an emergency occurs which would place Representatives attending the meeting at risk;

    (b) if a disturbance interferes with the conduct of business; or

    (c) for a meal or other such break.

    2. In the case of a suspension under Rule 7.3.1(b), a meeting is suspended if the Speaker leaves the chair

    after ordering the person or persons causing the disturbance to stop the disturbance.

    3. The Speaker may suspend a meeting of the Parliament to allow Stage 2 of a Bill to be taken by a

    Committee of the Whole Parliament.

    4. The Speaker may reconvene a meeting suspended under Rule 7.3.1 only at a time later in the same day.

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    A suspended meeting that is not reconvened at a time later in the same day is deemed to have been

    closed at the time it was suspended.

    5. The Speaker shall make any necessary alteration to the Parliamentary Agenda as a result of the

    suspension of a meeting. Representatives shall be notified of any such alteration.

    6. The Speaker may, if the Speaker considers it appropriate, at any time close a meeting of the Parliament.

    Rule 7.4 Forms of Address

    1. Each Representative shall be referred to in any proceedings of the Parliament by name and, if theRepresentative wishes, by title, if any, except:

    (a) the Speaker of Parliament, who may, in addition or as an alternative, be referred to by that title;

    (b) the Clerk of Parliament and Deputy Clerk, who may, in addition or as an alternative, be referred to

    by that title;

    (c) a Deputy Speaker, who may, in addition or as an alternative, be referred to by that title; and

    (d) any member of the Government of Oceana, who may, in addition or as an alternative, be referred to

    by such titles as the Prime Minister may notify to the Speaker.

    Rule 7.5 Calculating the Length of Debates or the Number of Speakers

    1. For the purposes limiting the length of a debate or the number of speakers:

    (a) if the Representative moving the motion speaks in support of it, that Representative shall be treated

    as a speaker for that motion and the time for which that Representative speaks shall be considered

    part of the time allocated; and

    (b) any debate on an amendment to a motion shall form part of the debate on the motion.

    2. Time allocated for debate may be extended by motion, at the discretion of the Speaker of Parliament,

    provided it does not severely disrupt the Parliamentary Agenda.

    Rule 7.6 Calling the Roll

    1. At the start of each Parliamentary Meeting, the Clerk of Parliament shall administer a Roll Call by

    calling out the names of each Representative in alphabetical order.

    2. Representatives shall be marked as Present or Absent in the Minutes of the Meeting.

    3. Any Representative arriving within thirty (30) minutes of the Roll Call shall be marked as Present.

    4. Any Representative arriving more than thirty (30) minutes after the Roll Call shall be marked asAbsent for the duration of the Meeting, unless they have notified the Clerk of their late arrival prior

    to the meeting.

    Chapter 8

    Parliamentary Committees

    Rule 8.1 Establishment of Committees

    1. Any Representative may by motion propose the establishment of a Committee.

    2. The Speaker's Council may, whether in response to such a proposal or otherwise, by motion proposethe establishment, membership, remit and duration of a Committee.

    3. The Parliament shall, on a motion of the Speaker's Council, establish the following mandatory

    Committees:

    (a) the Administration Committee;

    (b) the Finance Committee;

    (c) the Domestic Affairs Committee;

    (d) the Foreign Affairs Committee; and

    (e) the Defence Committee.

    4. The Speaker's Council shall by motion propose the establishment of the mandatory Committees

    without delay after it has assembled for the inaugural meeting of Parliament.

    5. Any other Committee established by the Parliament to deal with a particular subject shall be referred to

    as an Investigative Committee, the duration and remit of which shall be decided upon by the Speaker's

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    Council.

    Rule 8.2 Functions of all Committees

    1. A Committee shall examine such matters within its remit (referred to as competent matters) as it may

    determine appropriate or as may be referred to it by these Rules, the Speaker's Council, Parliament or

    another Committee and shall report to the Parliament on any such matter.

    2. A Committee shall without delay deal with the matters referred to it.

    3. In particular, each Committee shall conduct inquiries into such competent matters as it may considerappropriate or as the Parliament or another Committee may require, and may:

    (a) consider any proposals for legislation which relate to or affect any competent matter;

    (b) consider any international conventions or agreements or any Stage 2 Bills which relate to or affect

    any competent matter;

    (c) consider the need for the reform of the law which relates to or affects any competent matter; and

    (d) initiate Bills on any competent matter.

    3. Stage 2 of Bills shall be taken by the relevant Committee, as decided by the Parliament.

    4. Any question on whether a matter is within the remit of a Committee shall be determined by the

    Speaker's Council.

    5. If a matter falls within the remit of more than one Committee the Parliament may, on a motion of the

    Speaker's Council, designate one of the Committees as the Lead Committee responsible for that matter.

    The other Committee or Committees may report its or their opinion to the Lead Committee. This is

    without prejudice to Rule 8.11.

    Rule 8.3 Membership of Committees

    1. The membership of each Committee shall be decided by the Parliament on a motion of the Speaker's

    Council.

    2. Each Committee shall have at least three (3) but no more than ten (10) members.

    3. A Representative may indicate to the Speaker's Council an interest in serving on a particular

    Committee.

    4. In proposing a Representative to be a Committee member, the Speaker's Council shall have regard to

    the balance of political parties in the Parliament and, where that Representative has expressed an

    interest in serving on that Committee, to that Representative's qualification and experience.5. A Representative shall serve as a member of a Committee for the duration of that Committee unless:

    (a) that Representative resigns from that office by intimating resignation to the Speaker of Parliament

    on behalf of the Speaker's Council;

    (b) that Representative is removed from that office by the Parliament on a motion of the Committee; or

    (c) that Representative ceases to be a member of the Parliament other than by virtue of a dissolution.

    Rule 8.4 Committee Substitutes

    1. A political party or Parliamentary Group represented by three (3) or more Representatives may

    nominate a member of that Party or Group to be a substitute (referred to as a Committee substitute)

    for the members of that Party or a Group on a particular Committee.

    2. The nomination of a Committee substitute must be made in writing to the Speaker's Council.

    Representatives so nominated become Committee substitutes if appointed by the Speaker's Council.3. A Committee substitute cannot chair the meetings of that Committee.

    4. A Representative cannot be a Committee substitute for more than one Committee at the same time. A

    Representative cannot be a Committee substitute for a Committee of which that person is a member.

    5. A Representative shall be a Committee substitute for the duration of the relevant Committee unless:

    (a) that Representative resigns from being a Committee substitute by intimating resignation to the

    Speaker on behalf of the Speaker's Council;

    (b) that Representative is removed as a Committee substitute by the Parliament on a motion of the

    Committee;

    (c) that Representative ceases to be a member of the Parliament other than by virtue of a dissolution;

    or

    (d) the relevant political party or Parliamentary Group is no longer represented by three (3) or more

    Representatives.

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    Rule 8.5 Administration Committee

    1. The remit of the Administration Committee is to consider and report on:

    (a) the practice and procedures of the Parliament in relation to its business, and the review of the Rules

    of Procedure of the Parliament;

    (b) any proposed amendment to the Constitution of the Republic and documents attached to it;

    (c) legislation pertaining to elections, citizenship, public institutions, language and symbols, of the

    Republic;

    (d) the adoption, amendment and application of any Code of Conduct for Representatives;(e) the rights, responsibilities, remuneration, immunity and discipline of Representatives;

    (f) issues relating to local governments and administration of such within Oceana, and

    matters relating to public appointments in Oceana;

    (g) legal affairs, the courts, and prisons;

    (h) regional and structural policy;

    (i) state institutions; and

    (j) state personnel policy.

    2. The Committee may refer matters to the Speaker's Council or other Committees where it considers it

    appropriate to do so.

    3. Any dispute concerning the remit of the Administration Committee shall be determined by the

    Speaker's Council.

    Rule 8.6 Finance Committee

    1. The remit of the Finance Committee is to consider and report on:

    (a) State budgets and supplementary budgets, long-term budgetary planning, as well as legislative

    matters concerning taxes and other financial matters;

    (b) any report or other document laid before the Parliament by members of the Government of Oceana

    containing proposals for, or budgets of, public expenditure or proposals for the making of a tax-

    varying resolution, taking into account any report or recommendations concerning such documents

    made to them by any other Committee with power to consider such documents or any part of them;

    (c) any report made by a Committee setting out proposals concerning public expenditure;

    (d) matters relating to trade, industry, the energy economy, business, competition, consumer

    protection, banks and other financial institutions, private insurance, the financial and securitiesmarkets;

    (e) Oversight of the Treasury, and audit of government finances;

    (f) the management of government finances and compliance with the budget, concentrating on the

    general state and management of government finances as well as on issues of which the Parliament

    ought to be informed; and

    (g) any other matter relating to or affecting the expenditure of the Parliament, Executive and

    Government of Oceana, as well as any public institutions.

    2. The Committee may also consider and, where it sees fit, report to the Parliament on the timetable for

    the Stages of Budget Bills and on the handling of financial business.

    3. The Committee may refer matters to the Speaker's Council or other Committees where it considers it

    appropriate to do so.

    4. Any dispute concerning the remit of the Finance Committee shall be determined by the Speaker'sCouncil.

    5. The Treasury Chairman of Oceana is to attend meetings of the Finance Committee, and may participate

    in the proceedings, but may not vote.

    Rule 8.7 Domestic Affairs Committee

    1. The remit of the Domestic Affairs Committee is to consider and report on:

    (a) issues relating to education and health, including but not limited to: social welfare and health care,

    social insurance, financial aid, and pensions;

    (b) issues relating to public infrastructure and transport, including road, rail, air and water traffic;

    (c) emergency and rescue services;

    (d) residential, industrial and commercial zoning and construction, and the development of such;

    (e) parks and recreation;

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    (f) issues relating to communications, including, but not limited to: the postal service,

    telecommunications, radio and television functions, and issues relating to the public broadcasting

    services;

    (g) environmental issues, including, but not limited to: environmental protection and nature

    conservation, waste management and water legislation, agriculture and forestry, water resources

    management, rural livelihoods, food hygiene and inspections, hunting and fishing, animal

    protection, land survey, mapping, and the meteorological services; and

    (h) issues relating to cultural activities, including, but not limited to: science, art, museums, libraries,sports, and youth work.

    2. The Committee may refer matters to the Speaker's Council or other Committees where it considers it

    appropriate to do so.

    3. Any dispute concerning the remit of the Domestic Affairs Committee shall be determined by the

    Speaker's Council.

    Rule 8.8 Foreign Affairs Committee

    1. The remit of the Foreign Affairs Committee is to consider and report on:

    (a) the development and implementation of Oceana's associations with countries and territories outside

    Oceana and international organisations;

    (b) proposals for international legislation and treaties;

    (c) any international issue;

    (d) co-ordination of the international activities of the Republic of Oceana;

    (e) any significant treaties affecting the Republic of Oceana;

    (f) foreign and security policy;

    (g) foreign trade policy;

    (h) development cooperation; and

    (i) confirmation of Presidential appointees to diplomatic missions.

    2. For matters relating to international financial or military organisations the Committee must work with

    the Finance and Defence Committees, respectively.

    3. The Committee may present to Parliament a report on any international treaties under consideration by

    the Parliament, prior to any debate or resolution by the Parliament.

    4. The Committee may refer matters to the Speaker's Council or other Committees where it considers itappropriate to do so.

    5. Any dispute concerning the remit of the Foreign Affairs Committee shall be determined by the

    Speaker's Council.

    Rule 8.9 Defence Committee

    1. The remit of the Defence Committee is to consider and report on:

    (a) the defence forces, including the Navy, Army and Air Force;

    (b) arms trade and acquisition;

    (c) legislation pertaining to possession, use and sale of firearms and explosives, and their regulation;

    (d) legislation concerning exceptional circumstances;

    (e) national security issues;

    (f) co-ordination of the international activities of the Republic of Oceana where defence and nationalsecurity is concerned;

    (g) information security;

    (h) institutions concerning intelligence and information; and

    (i) customs and borders, and immigration affairs.

    2. The Committee may refer matters to the Speaker's Council or other Committees where it considers it

    appropriate to do so.

    3. Any dispute concerning the remit of the Defence Committee shall be determined by the Speaker's

    Council.

    Rule 8.10 Duration of Committees

    1. The mandatory Committees referred to in Rule 8.1.3 shall be established for the whole Session of the

    Parliament.

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    2. The Parliament shall, on a motion of the Speaker's Council, determine the duration of any other

    Committee.

    3. The Parliament may decide, on a motion of the Speaker's Council, that any other Committee be

    disbanded.

    Rule 8.11 Joint Consideration by Committees

    1. Where a matter falls within the remit of more than one Committee, the Committees concerned may,

    with the agreement of the Speaker's Council, consider that matter jointly.2. Where a matter is to be considered jointly under Rule 8.11.1, any meeting to consider that matter shall

    be held jointly by the Committees concerned. The Convener of a Joint Committee shall be decided

    upon by the Speaker's Council. The Convener must be a Convener of one of the Committees

    concerned.

    3. Any report on the joint consideration of a matter shall be produced jointly by those Committees.

    Rule 8.12 Sub-Committees and Investigative Committees

    1. A Parliamentary Committee may establish a Sub-Committee to consider a matter of a Bill.

    2. Any such Sub-Committees may consider the matter jointly with a Sub-Committee of another

    Committee.

    3. The remit and duration of any Sub-Committee shall be such as is approved by the Parliament, on a

    motion of the Speaker's Council, but shall not include any matter outwith the remit of that Committee.

    4. Normally only members of the Committee (other than Committee substitutes) may be members of a

    Sub-Committee of that Committee but, if the Committee so decides, members of other Committees

    may be appointed as members of a Sub-Committee. In considering the membership of a Sub-

    Committee, the Committee shall have regard to the balance of political parties in the Parliament.

    5. A Sub-Committee shall choose a Convener who shall report to the Committee that established it.

    6. The Parliament may, on a motion of the Speaker's Council, establish Investigative Committees for the

    purpose of determining and acquiring the necessary information for a Bill or any other matter of

    interest to the Parliament.

    7. The remit, duration and membership of Investigative Committees shall be determined by the Speaker's

    Council.

    Rules 8.13 Committee of the Whole Parliament

    1. For matters of urgency, or where the Speaker's Council sees it suitable, a Bill or other competent matter

    may be put to the Committee of the Whole Parliament.

    2. In such cases, the Speaker of Parliament shall act as the Convener of the Committee of the Whole

    Parliament.

    3. The Committee of the Whole Parliament may debate and vote on all Stages of a Bill on any competent

    matter of the Parliament in a single meeting, except for Budget Bills.

    4. The legislative procedures for the adoption and debate of Bills by the Committee of the Whole

    Parliament shall be in accordance with Chapter 11 of these Rules of Procedure.

    Chapter 9

    Committee Proceedings

    Rule 9.1 Conveners of Committees

    1. For its term, each Committee shall elect from among its members a Convener, who shall convene and

    chair the meetings of the Committee, a Deputy Convener who shall take the office of Convener in their

    absence, and a Secretary who shall record the Minutes of the Committee Meeting.

    2. The Speaker's Council shall decide, for each Committee:

    (a) the political party or Parliamentary Group whose members shall be eligible to be Convener of the

    Committee; and

    (b) the political party or Parliamentary Group whose members shall be eligible to be Deputy Convener

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    of the Committee;

    3. The Convener and the Deputy Convener may also be a Representative not representing any political

    party or Parliamentary Group.

    4. The Convener and the Deputy Convener may not be from the same political party.

    5. The Convener and Deputy Convener of a Committee shall be a member of that Committee (other than

    a Committee substitute).

    6. The Convener and Deputy Convener of a Committee shall hold office for the duration of the

    Committee unless:(a) they resign from that office by notifying the Clerk of Parliament of their resignation;

    (b) they are removed from that office by a decision taken by an absolute majority of the Committee on

    a motion under Rule 9.1.7; or

    (c) they cease to be a Representative or a member of that Committee other than by virtue of a

    dissolution.

    7. A member of a Committee may by motion propose that the Convener or Deputy Convener of theCommittee be removed from office. Where notice of such a motion has been given and it has received

    the support of at least one other member of the Committee, it shall be placed on the agenda for, and

    taken at, the next meeting of the Committee.

    8. Where the Convener or Deputy Convener of a Committee ceases to hold office, the Committee shall

    choose another member of the Committee (other than a Committee Substitute) to be the Convener orDeputy Convener in accordance with the decision of the Parliament under Rule 9.1.2. If it is not

    possible for the Committee to choose a Convener or Deputy Convener in accordance with that

    decision, the Parliament shall, on a motion of the Speaker's Council, appoint a Convener or Deputy

    Convener to the Committee.

    9. Where the Convener is not available for any meeting of the Committee, or leaves the chair for part of

    any meeting, that meeting, or that part of the meeting, shall be chaired by the Deputy Convener. Where

    at any time other than during a meeting of a Committee a Convener is unable to act as Convener, the

    Deputy Convener shall carry out the functions of the Convener.

    10. Where the office of Convener is vacant, a meeting of the Committee shall be convened by the Deputy

    Convener and that meeting shall be chaired by the Deputy Convener for the purpose of choosing a

    Convener.

    11. When the Deputy Convener chairs a meeting or part of a meeting of a Committee, that person shallhave all the functions of a Convener under these Rules for the purposes of conducting the business of

    that meeting or that part of a meeting.

    12. Where the Committee considers it appropriate, it may by motion recommend that a Committee

    member's rights and privileges be withdrawn to such extent and for such period specified in the motion.

    13. Rule 9.1 is subject to any other Rule making express provision about Conveners of Committees.

    Rule 9.2 Procedure in Committee

    1. A Committee shall not commence consideration of any business or vote if the number of Committee

    members present is less than two-fifths (2/5).

    2. Any Representative may attend any meeting of any Committee held in public, but may participate in

    the proceedings of the Committee only if invited to do so by the Convener and may not vote.

    3. Where a Committee is considering any of the business relating to Stage 2 of a Bill, the followingpersons (if not members of the Committee) shall be entitled to participate in the proceedings of the

    Committee but may not vote, namely:

    (a) in the case of a Parliamentary Bill, the Representative in Charge of the Bill; and

    (b) in the case of a Bill that is not an Executive Bill or in the case of any other business, the member of

    the Government of Oceana who has general responsibility for the subject matter with which the

    business is concerned.

    4. The Speaker of Parliament and the Deputy Speakers have the right to be present in the Committee

    meetings, but may not participate in the proceedings, unless otherwise allowed by the Convener. The

    Speaker and Deputy Speakers may not vote.

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    Rule 9.3 Participation by Substitutes

    1. Where a Committee member:

    (a) is unavailable for a Committee meeting; or

    (b) has ceased to hold that office and a replacement Committee member has yet to be appointed, a

    Committee substitute from the same political party may participate in place of that member.

    2. Where a substitute participates in the work of a Committee, that substitute shall:

    (a) have all the functions of a Committee member, including the right to attend and participate in

    Committee meetings (or parts of meetings) held in private and the right to a vote; and(b) be regarded as a Committee member for the purposes of these Rules.

    3. Where a substitute participates in place of a Committee member who holds the office of Convener or

    Deputy Convener, the substitute shall not have any of the functions of that office.

    Rule 9.4 Committee Meetings

    1. A Committee shall meet,according to their workload, to consider such business on such days and at

    such times as it may from time to time decide, subject to any timetable specified in the Parliamentary

    Calendar.

    2. The Convener shall also convene the Committee to a meeting on the request of the Government.

    3. The Convener shall notify the Clerk of Parliament, and the Clerk shall notify Representatives in the

    Parliamentary Agenda, of the agenda for each meeting.

    4. A Committee meeting may be held on any day. Committee meetings shall not normally be held when

    the Parliament is in recess.

    5. A meeting of a Committee shall not begin when a meeting of the Parliament is in progress, and a

    Committee meeting that has begun shall be closed before, or suspended during, any period when a

    meeting of the Parliament is in progress.

    6. Committee meetings shall be held in public.

    7. All or part of a meeting of a Committee may be held in private if the Committee so decides.

    8. A meeting of a Committee shall not take place if neither the Convener nor the Deputy Convener is

    present.

    9. The Secretary of the Committee shall keep Minutes at Committee meetings, indicating the members

    present and the experts heard as well as the proposals and decisions made, with votes recorded. Such

    Minutes shall be given to the Clerk for publication.

    Rule 9.5 Witnesses, Documents and Advisers

    1. A Committee may, in connection with any competent matter, invite any person:

    (a) to attend its proceedings for the purpose of giving evidence; or

    (b) to produce documents in that persons custody or under that persons control, and may exercise the

    power to require any person to do so.

    2. For the purposes of Rule 9.5.1, the Convener of a Committee may administer an oath to any person

    giving evidence in its proceedings and require that person to take an oath.

    3. A Committee may, with the approval of the Speaker's Council, invite any person to inquire into and

    advise the Committee or any Sub-Committee upon any competent matter.

    Rule 9.6 Reports and Proposals of Committees1. The reports and statements of a Committee shall be concise.

    2. Where a Committee is to report or propose any matter to the Parliament or another Committee, it shall

    do so by lodging the report with the Clerk of Parliament.

    3. Where the report, a proposal for a Bill, or a final proposal for a Bill after Stage 2 is addressed to the

    Parliament, the Clerk shall notify Representatives in the Parliamentary Calendar. Where the report is

    addressed to another Committee, the Clerk shall notify that Committee that the report has been lodged.

    4. Any Committee report or proposal lodged with the Clerk shall be published.

    Rule 9.7 Annual Reports

    1. Each Committee shall, prior to the dissolution of the Parliament, submit a report to the Parliament

    containing details of its activities during that Parliamentary Session, including details of its meetings

    and the number of times the Committee has met, either in public or private.

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    Chapter 10

    Motions and Points of Order

    Rule 10.1 Motions

    1. Any Representative may, except where these Rules provide otherwise, give notice of a motion or move

    a motion about any matter.

    2. A motion may be moved without notice being given only as permitted by these Rules or, exceptionally,as permitted by the Speaker of Parliament.

    3. Where these Rules provide for a motion of a Committee or of the Speaker's Council, notice of the

    motion (if required) may be given, and the motion may be moved, only by a member of that

    Committee or, as the case may be, of the Speaker's Council.

    Rule 10.2 Notice of Motions

    1. Notice of a motion shall be given by being lodged by a Representative with the Clerk of Parliament.

    Notice of a motion shall contain the text of the motion and the name of the Representative giving

    notice of it.

    2. A motion shall:

    (a) be in English;

    (b) not contain offensive language; and(c) not breach any enactment or rule of law or be contrary to the public interest.

    3. A motion is admissible unless it is not permitted under these Rules or is not in accordance with Rule

    10.2.2. The Speaker of Parliament shall determine any dispute as to whether a motion is admissible.

    4. Any Representative may indicate that Representative's support for a motion by notifying the Clerk.

    5. The text of an admissible motion and the name of the Representative who gave notice of it and of any

    Representative supporting it shall be printed in the Parliamentary Agenda.

    6. Where time has been allocated for a debate on a particular subject, the Speaker shall consider all

    motions on that subject of which notice has been given and shall decide which of those motions is to be

    taken by the Parliament. In all other cases, the Speaker's Council shall consider motions of which

    notice has been given and shall by motion propose which of those motions are to be taken by the

    Parliament.

    7. The Clerk shall maintain and publish from time to time a list of all the admissible motions lodged and

    not yet taken by the Parliament. The Speaker's Council may remove from the list any motion that has

    been on the list for more than six (6) weeks without a date for it to be taken by the Parliament being

    allocated in the Agenda.

    8. The Representative who lodged a motion may withdraw it at any time by notifying the Clerk.

    Rule 10.3 Motions Taken by the Parliament

    1. A motion is taken by the Parliament when it is called at a meeting of the Parliament by the Speaker of

    Parliament.

    2. When a motion is taken by the Parliament the motion may be moved by the Representative who gave

    notice of it, or if that Representative does not move the motion, by any other Representative who has

    indicated that Representative's support for it.3. Before the Representative moves the motion, that Representative may speak in support of it.

    4. Immediately after the motion is moved, the Speaker of Parliament may call on any other

    Representative to speak.

    5. All motions may be debated, except as provided in these Rules.

    6. After a motion is moved, it may be withdrawn by the Representative who moved it at any time before

    the question is put unless any Representative objects to it being withdrawn.

    7. After the debate has been closed or, where there is no debate, after the motion has been moved, the

    question on the motion shall be put at the time when it requires to be put, in accordance with Rules

    12.2 to 12.4.

    8. Any motion not taken by the Parliament shall fall at dissolution.

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    Rule 10.4 Amendments to Motions and Notice of Amendments

    1. A motion may be amended except as provided in these Rules. A motion without notice may be

    amended without notice.

    2. Notice of an amendment to a motion shall be given by being lodged by a Representative with the Clerk

    of Parliament at any time after notice of the motion has been given. The notice shall contain the text of

    the amendment and the name of the Representative giving notice of it.

    3. An amendment shall:

    (a) be in English;(b) not contain offensive language; and

    (c) not breach any enactment or rule of law or be contrary to the public interest.

    4. An amendment is admissible unless it is not permitted under these Rules or is not in accordance with

    Rule 10.4.3. The Speaker shall determine any dispute as to whether an amendment is admissible.

    5. Any Representative may indicate that Representative's support for an amendment by notifying the

    Clerk.

    6. The text of an admissible amendment and the name of the Representative who gave notice of it and of

    any Representative supporting it shall be printed in the Parliamentary Agenda.

    7. The Speaker of Parliament shall examine all admissible amendments lodged and decide which are to be

    taken by the Parliament.

    8. The Representative who lodged an amendment may withdraw it at any time by notifying the Clerk.

    Rule 10.5 Amendments Taken by the Parliament

    1. If an amendment to a motion is to be taken by the Parliament, it shall be taken immediately after the

    motion is moved.

    2. When an amendment is taken, it may be moved by the Representative who gave notice of it or by any

    Representative who has indicated that Representative's support for it.

    3. Before the Representative moves the amendment, that Representative may speak in support of it.

    4. An amendment may be debated only if the motion may be debated.

    5. After an amendment is moved, it may be withdrawn by the Representative who moved it any time

    before the question is put to vote unless any Representative objects to it being withdrawn.

    6. If a motion is withdrawn under Rule 10.3.6 an amendment to that motion shall be treated as being

    withdrawn.7. An amendment to a motion on the list referred to in Rule 10.2.7 shall be included on that list; and if a

    motion falls or is removed from that list, the amendment to that motion falls.

    8. The question on an amendment shall be put in accordance with Rules 12.2. to 12.4.

    Rule 10.6 Amendments to Amendments

    1. The provisions of Rules 10.4 and 10.5 shall apply to amendments to amendments as they apply to

    amendments to motions with such modifications as are appropriate.

    Rule 10.7 Application to Committees

    1. The provisions of Rules 10.1 to 10.6 shall apply to proceedings at meetings of Committees and Sub-

    Committees as they apply to proceedings at meetings of the Parliament, with such modifications as are

    appropriate.

    Rule 10.8 Motions of the Prime Minister

    1. The following motions may be moved, and notice of any such motion may be given, only by the Prime

    Minister, namely:

    (a) a motion seeking the agreement of the Parliament that a Representative or other individual be

    appointed a Cabinet Minister.

    Rule 10.9 Motions for Tax-Varying Resolutions

    1. A motion for a tax-varying resolution may be moved, and notice of such a motion may be given, only

    by a member of the Government of Oceana. Such a motion may not be amended.

    2. A motion for a tax-varying resolution may be moved after the beginning of the Budgetary Year to

    which it relates only at Stage 3 of a Budget Bill, or a Bill to amend a Budget Act, relating to that year.

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    Rule 10.10 Motions of Confidence and No Confidence

    1. Any Representative may give notice of a motion that the Government of Oceana or a member of the

    Government no longer enjoys the confidence of the Parliament (a motion of no confidence).

    2. Matters relating to the confidence in the Government or a Minister shall be dealt with as urgent.

    3. If notice of a motion of no confidence is supported by at least one-third (1/3) of all Representatives, it

    shall be included in the Parliamentary Agenda.

    4. Representatives shall normally be given at least two (2) days notice of a motion of no confidence.

    Exceptionally, Representatives may be given a shorter period of notice if in the opinion of theSpeaker's Council a shorter period is appropriate.

    5. The P