PAPER NO.41 OF 1981
THE STANDING ORDERS OF THE NATIONAL
PARLIAMENT
OF
SOLOMON ISLANDS
SUPPLEMENT to the Solomon
Islands Gazette
Friday, 22nd
October 1982
S.I. No. 25
[Legal Notice No. 52]
THE STANDING ORDERS OF THE NATIONAL
PARLIAMENT OF SOLOMON ISLANDS
ARRANGEMENT OF STANDING ORDERS
STANDING ORDER
PART A - INTERPRETATION
1.
Interpretation.
PART B - MEMBERS AND
OFFICERS OF PARLIAMENT
2.
Oath or Affirmation of Allegiance.
3.
Language.
4.
Presiding in Parliament and in Committee of the Whole House.
5.
Election of the Speaker.
6.
Duties of the Clerk.
PART
C - SESSIONS, MEETINGS, SITTINGS AND ADJOURNMENTS
OF PARLIAMENT
7.
Commencement of Sessions and Meetings.
8.
Conclusion of Sessions and Meetings.
9.
Days of Sitting.
10. Hours
of Sitting.
11. Motions
for the Adjournment of Parliament.
12. Quorum.
PART D - ARRANGEMENT OF BUSINESS
13. Order
of Business at Sitting.
14. The
Order Paper.
15. Arrangement
of Motions and Bills.
PART E - PETITIONS AND
PAPERS
16. Presentation
of Petitions.
17. Presentation
of Papers.
18. Debate
upon Papers Presented.
PART F - QUESTIONS TO THE GOVERNMENT
19. Nature
of Questions.
20. Question
Days.
21. Notice
of Questions.
22. Content
of Questions.
23. Asking
and Answering of Questions.
PART G - STATEMENTS AND
RAISING OF MATTERS OF PRIVILEGE
24. Statements
by Ministers.
25. Matters
of Privilege.
PART H - MOTIONS
26. Notice
of Motions and Amendments.
27. Manner
of Giving Notice of Motions and Amendments.
28. Motions
and Amendments Requiring Recommendation.
29. Manner
of Debating Motions.
30. Manner
of Debating Amendments to Motions.
31. Withdrawal
of Motions and Amendments.
PART I - RULES OF DEBATE
32. Time
and Manner of Speaking.
33. Occasions
when a Member may Speak more than once.
34. Interruptions.
35. Adjournment
of Debate or of Proceedings of a Committee.
36. Content
of Speeches.
37. Behaviour
of Members not Speaking.
PART J - RULES OF ORDER
38. Decision
of Speaker Final.
39. Order
in Parliament and Committee.
PART K - VOTING
40. Decision
on Questions.
41. Collection
of Voices.
42. Divisions.
PART L - PROCEDURE ON BILLS
43. Form
of Bills.
44. Notice
of Presentation of Bills.
45. Examination
of Bills by the Speaker.
46. Presentation
and Publication of Bills.
47. First
Reading of Bills.
48. Second
Reading of Bills.
49. Committal
of Bills.
50. Functions
of Committees on Bills.
51. Amendments
to Bills.
52. Procedure
in Committee of the Whole House on a Bill.
53. Procedure on Reporting of Bill from Committee of the Whole House.
54. Proceedings on Recommittal of Bill Reported from Committee of the Whole House.
55. Procedure
in Select Committee on a Bill.
56. Procedure
on Reporting of Bill from Select Committee.
57. Proceedings on Recommittal of Bill Reported from Select Committee.
58. Third
Reading of Bills.
59. Withdrawal
of Bills.
60. Presentation
of Bills for Assent by the Governor-General.
PART M - FINANCIAL PROCEDURE
61. Presentation
and Second Reading of Appropriation Bill.
62. The
Committee of Supply.
63. Allotment
of time in Committee of Supply.
64. Procedure
in Committee of Supply.
65. Amendments
to Heads in Committee of Supply.
66. Third
Reading of Appropriation Bill.
67. Supplementary
Appropriation Bills.
PART N - SELECT AND
SPECIAL COMMITTEES
68. Appointment,
Nomination and Functions of Select Committees.
69. Public
Accounts Committee.
70. Parliamentary
House Committee.
71. Bills
and Legislation Committee.
71A. Constitution Review
Committee.
71B. Foreign Relations
committee.
72. Procedure
on Select Committees.
73. Special
Committees.
74. Premature
Publication of Evidence.
75. Attendance
at Committees.
PART O - MISCELLANEOUS MATTERS
76. Election
of Governor-General.
77. Employment
of Members in Professional Capacity.
78. Declaration
and Disclosure of Personal Interest.
79. Admission
of Press and Public.
80. Withdrawal
of Strangers.
81. Suspension
of Standing Orders.
82. Procedure
in Case of Doubt.
SOLOMON ISLANDS
INDEPENDENCE ORDER 1978
(L.N. NO. 43 OF 1978)
THE STANDING ORDERS OF THE NATIONAL
PARLIAMENT OF SOLOMON
ISLANDS
(Section 62 of the Constitution)
In accordance with Section 62 of the Constitution the National Parliament of
Solomon Islands hereby makes the following Standing Orders -
PART A
INTERPRETATION
1.
INTERPRETATION
(1)
In these Orders, unless the context otherwise requires-
"Clerk" means the Clerk of the
Parliament and includes any assistant to the Clerk acting as such on the authority of the Speaker;
"the Constitution" means
the Constitution of Solomon Islands set out in the Schedule to the Solomon Islands Independence Order 1978;
"Mace" means the mace of Parliament;
"Member" means a Member of Parliament
elected in accordance with section 47 of the Constitution;
"Minister" means a member of the
Cabinet;
"Parliament" means the National Parliament
of Solomon Islands;
"Speaker" means any person presiding
in Parliament in accordance with section 65 of the Constitution;
(2) In these Orders, unless the context otherwise requires, reference to
printing shall include all mechanical, electrical and photographic methods of reproducing words in visible form.
(3) Subject to the provisions of paragraph (1) of this order, expressions
used in these Orders shall, unless the context otherwise requires, have the same meanings as in the Constitution.
PART B
MEMBERS AND
OFFICERS OF PARLIAMENT
2.
OATH OR AFFIRMATION OF ALLEGIANCE
(1) No Member shall be permitted to take part in the proceedings of Parliament
(other than proceedings necessary for the purposes of this order and section 63 of the Constitution) until he has made the
oath or affirmation of allegiance prescribed by that section.
(2) On the first day of the first session of a new Parliament the Clerk shall
administer the oath or affirmation of allegiance to each Member by calling before him in alphabetical order the Members elected
to serve in that Parliament.
(3) The Clerk shall administer the oath or affirmation of allegiance prescribed
by section 63 of the Constitution to any Member who has during the course of a session been elected to serve in Parliament
at the first sitting at which such Member attends.
3.
LANGUAGE
(1) Subject to paragraph (2) of this order, the proceedings and debates of
Parliament shall be in the English language or in pidgin.
(2) Every petition, bill, motion, paper, written question, report, declaration
of interest and notice, and every amendment thereof, shall be in the English language.
4. PRESIDING IN PARLIAMENT AND
IN COMMITTEE OF WHOLE HOUSE
(1) Any question as to who shall preside at sittings of Parliament and sittings
of a Committee of the whole House shall be determined in accordance with section 65 of the Constitution.
(2) The person presiding shall be known and addressed as the Speaker.
(3) Whenever Parliament resolves itself into a Committee of the whole House,
the Speaker shall leave his chair and seat himself at the Clerk's table as chairman of the Committee; and when Parliament
resumes he shall return to his chair.
(4) The person presiding in Parliament or acting as chairman of a Committee
of the whole House shall while so presiding or acting enjoy all the powers conferred by these Orders on the Speaker.
(5) During sittings of Parliament the mace shall be on the Clerk's table
and during sittings of a Committee of the whole House it shall be under the Clerk's table.
5.
ELECTION OF SPEAKER
(1) The Speaker shall be elected at the first sitting of Parliament after
a general election or after the office of Speaker has become vacant, in accordance with the provisions of this order.
(2) Every citizen of Solomon
Islands over the age of twenty-one and who is otherwise qualified for election as a
Member shall be eligible for election as Speaker.
(3) Nomination papers shall be issued to Members by the Clerk not less than
two clear days before the first sitting of the new Parliament and shall be returned to him not later than 4.00 p.m. on the day immediately preceding the date fixed for the first sitting of the
new Parliament. Provided that where the office of Speaker has become vacant during the course of Parliament a date shall be
fixed for the election by the Clerk and this paragraph shall be read accordingly.
(4) A list setting out all the candidates who have been nominated shall be
made available to each Member before the commencement of voting.
(5) The election shall be by secret ballot and each Member shall have only
one vote at the first and each subsequent ballot, if any, and shall be held in accordance with paragraphs (6) to (12) of this order.
(6) If any candidate should at any ballot receive an absolute majority of
votes he shall be declared to be elected as Speaker.
(7) If no candidate should receive an absolute majority of votes at the first
ballot a further ballot shall be held wherein -
(a) the candidate who received fewest votes at the first ballot shall thereby
be eliminated; or
(b) if there is a tie between two or more candidates for the fewest number of votes
received at the first ballot the Clerk shall decide by lot which one of such candidates shall be eliminated.
(8) If in a second ballot no candidate should receive an absolute majority
of the votes of the Members, subject to paragraph (10) of this order, further ballots shall be held until one candidate receives
an absolute majority of votes.
(9) The procedure specified in paragraphs (6) and (7) of this order relating
to the first and second ballots shall apply in relation to subsequent ballots.
(10) If, after one or more ballots, all candidates save two have been eliminated, not
more than three further ballots shall be held to decide the election between these two candidates.
(11) If the three further ballots referred to in the preceding paragraph do not result
in either of the two candidates receiving an absolute majority of votes then the Clerk shall re-commence the procedure de
novo.
(12) Upon the decision of the Members being known in accordance with the voting procedure
the Clerk will forthwith announce the name of the person elected as Speaker.
6.
DUTIES OF THE CLERK
(1) The Clerk shall be responsible for keeping the minutes of proceedings
of Parliament and of committees of the whole House. The minutes of proceedings shall record the Members attending, all decisions
taken and details of every division held.
(2) The Clerk shall submit the minutes of proceedings of each sitting to
the Speaker for his signature and shall then distribute copies to Members before the commencement of the next sitting.
(3) The Clerk shall be responsible for preparing from day to day an Order
Book showing all future business of which notice has been given. The Order Book shall be open to the inspection of Members
at all reasonable hours.
(4)
The Clerk shall be responsible for preparing for each sitting-
(a)
an Order Paper showing the business for that sitting; and
(b) a Notice Paper recording all notices entered in the Order Book on the previous
day if Parliament then sat, or in the case of the first sitting after an adjournment over one or more days, all notices entered
in the Order Book since Parliament last sat.
(5) The Clerk shall be responsible for the custody of the votes, records,
bills and other documents laid before Parliament which shall be open to inspection by Members and other persons under arrangements
approved by the Speaker.
(6) The Clerk, acting under the directions of the Speaker, shall be responsible
for the production of an official report of all speeches made in Parliament and in committees of the whole House.
(7) The Clerk shall be responsible for providing every Select Committee of
Parliament with a clerk.
(8) The Clerk shall perform further duties laid upon him in these Orders
and all other duties in the service of Parliament ordered by Parliament or directed by the Speaker.
PART
C
SESSIONS,
MEETINGS, SITTINGS AND ADJOURNMENTS OF PARLIAMENT
7.
COMMENCEMENT OF SESSIONS AND MEETINGS
(1) Each session of Parliament shall be held at such place and on such days
and shall begin at such time as the Governor-General may appoint in accordance with section 72 of the Constitution.
(2) Written notice of every meeting of Parliament shall be given to Members
by the Clerk at least thirteen clear days before the day of the meeting except in the case of the first meeting following
the constitution or the re-constitution of Parliament or in a case of emergency where the Governor-General, acting on the
advice of the Prime Minister, may dispense with such notice in which event the longest possible notice shall be given.
(3) The Governor-General may, after consultation with the Prime Minister,
at any time after he has determined the day and time upon which a meeting is to begin, change the day or time so determined
to a later day or time, or in cases of emergency to an earlier day or time.
(4) At the first sitting of any meeting the Governor-General, on the invitation
of the Prime Minister, may deliver a speech to Parliament.
(5) Immediately after the Governor-General has delivered such a speech, the
sitting may be suspended for such period or Parliament may be adjourned until such day as the Speaker may determine.
(6) At the resumption of the sitting, or on the day to which Parliament is
adjourned under paragraph (5) of this order, a motion may be moved without notice for an address of thanks to the Governor-General
for his speech.
(7) A motion under paragraph (6) of this order shall be moved in the following
form-
That an address be presented to His Excellency the
Governor-General as follows-
"We, the National Parliament of Solomon
Islands here assembled, beg leave to offer thanks for the speech
which has been addressed by you to Parliament.”
(8) Amendments may be moved to the motion described in paragraph (7) of this
order only by way of adding words at the end of the motion.
8.
CONCLUSION OF SESSIONS AND MEETINGS
(1) A session shall be concluded when Parliament is prorogued by the Governor-General
in accordance with section 73(1) of the Constitution.
(2) A meeting shall be concluded by the adjournment of Parliament for the
conclusion of the meeting.
(3) A motion to determine the day for the conclusion of a session or meeting
shall only be moved by a Minister and in the following terms-
"That at the adjournment of Parliament on
(here the date for conclusion of the meeting shall be entered) the present meeting shall be concluded and Parliament shall
then stand adjourned sine die.”
(4) No amendment to the motion described in the foregoing paragraph shall
be in order save only an amendment to substitute another date for the date mentioned in the motion and any debate on the motion
shall be confined to the substance of the motion.
9.
DAYS OF SITTING
(1) During the course of a meeting, unless it has been previously decided
otherwise on a motion moved by a Minister, Parliament shall sit on Mondays, Tuesdays, Wednesdays, Thursdays and Fridays, other
than public holidays.
(2)
A motion moved under paragraph (1) of this order may provide that-
(a) Parliament shall sit on any Saturday, Sunday or public holiday named
in the motion;
(b)
Parliament shall not sit on any day or days named in the motion.
(3) Whenever Parliament adjourned to the next sitting day as determined by
paragraphs (1) and (2) of this order, unless adjourned under the provisions of order 8 is adjourned, it shall stand.
10. HOURS
OF SITTING
(1) Every sitting other than the first sitting of a meeting shall begin at
9.30 a.m.
(2) At 4.30 p.m.
the proceedings on any business under consideration shall be interrupted, any motion which has been moved in pursuance of
order 35 shall lapse and if Parliament is in committee the Speaker shall return to his chair:
Provided that if the Speaker is of opinion that
the proceedings on which Parliament is engaged could be concluded by a short deferment of the moment of interruption, he may
in his discretion defer interrupting the business.
(3) If a division is in progress at 4.30
p.m. the business shall not be interrupted until after the declaration of the result of the division.
(4) Save as provided in paragraph (4) of order 11, no further business shall
be entered upon after the interruption of business under paragraph (2) of this order.
(5) The Speaker may at any time suspend a sitting or adjourn Parliament and
if he shall adjourn Parliament, Parliament shall stand adjourned in accordance with order 9.
(6) A motion moved with the consent of the Speaker to suspend this order
in accordance with order 81, and passed shall permit the continuation of the business of the House until adjourned by the
Speaker under the foregoing paragraph of this order or, where such motion so states, shall permit the commencement of a specified
sitting before 9.30 a.m.
11. MOTIONS
FOR THE ADJOURNMENT OF PARLIAMENT
(1) When for any sufficient reason it is not desired to formulate a motion
in express terms for the purpose of debating a matter or matters, a motion that Parliament do now adjourn may be moved for
the purpose of such debate.
(2) Such a motion shall not require notice but shall not be moved except
between two items of business and then only by a Minister.
(3) If such a motion shall be agreed to, Parliament shall stand adjourned
in accordance with order 9.
(4) After the interruption of business under paragraph (2) of order 10 or
at the conclusion of all the business on the Order Paper, whichever is the earlier, a Minister may move that Parliament do
now adjourn.
(5) On a motion moved under paragraph (4) of this order a Member who is not
a Minister and who has obtained the right to do so, may raise any public matter for which the Government is responsible with
a view to eliciting a reply from a Minister.
(6) A Member who wishes to raise a matter under the provisions of paragraph
(5) of this order shall give notice of the matter in writing to the Speaker not less than one clear day before the sitting
at which he wishes to do so:
Provided that the Speaker may in his discretion
dispense with such notice.
(7) If at the expiration of twenty minutes from the moving of the motion
under paragraph (4) of this order a Minister has not yet been called upon to reply, the Speaker shall direct the Member then
speaking to resume his seat and shall call upon a Minister to reply.
(8) If at the expiration of thirty minutes from the moving of the motion
under paragraph (4) of this order such motion has not been agreed to, the Speaker shall adjourn Parliament without putting
any question.
12. QUORUM
(1) Any question as to the quorum of Parliament and of a committee of the
whole House shall be determined in accordance with section 67 of the Constitution as supplemented by this order.
(2) For the purpose of section 67 of the Constitution, the interval after
which the Speaker may ascertain the number of Members present shall be fifteen minutes (during which the Speaker may leave
the chair) and if the Speaker adjourns Parliament is pursuance of section 67, he shall do so without the question being put
and Parliament shall then stand adjourned to the next sitting day in accordance with order 9.
(3) If objections are taken under section 67 of the Constitution in committee
of the whole House, paragraph (2) of this order shall apply, save that if the Speaker is satisfied that a quorum is not then
present he shall leave the chair of the committee and Parliament shall be resumed prior to being adjourned in accordance with
paragraph (2) of this order.
PART D
ARRANGEMENT OF BUSINESS
13. ORDER
OF BUSINESS AT SITTING
(1) The business of each sitting other than the first sitting of a meeting
shall be transacted in the following order-
(a)
Prayers
(b)
Administration of oaths or affirmations
(c)
Reading by the Speaker of messages and announcements
(d)
Presentation of petitions
(e) Presentation of papers and of reports of Select Committees by laying
them on the Table
(f)
Asking and answering of questions put to Government
(g)
Statements by Ministers
(h) Statements on business by or on behalf of the Prime Minister or Chairman of
the Business Committee
(i)
Personal explanations
(j)
Obituary and other ceremonial speeches
(k)
Raising of matters of privilege
(l)
Proceedings on motions and bills.
(2) The items of business mentioned in sub-paragraphs (b), (c),
(d), (e), (g), (h), (i), (j) and (k) of paragraph (1) of this order shall
not require notice; but with the exception of sub-paragraphs (b) and (c) they shall not be entered upon save
with the previous leave of the Speaker.
14. THE
ORDER PAPER
(1) All items of business of which notice has been given shall be placed
on the Order Paper in the order required by order 13.
(2) Oral questions to the Government shall be placed on the Order Paper in
accordance with the provisions of paragraph (1) of order 23.
(3) Proceedings on motions and on Bills shall be placed on the Order Paper
in accordance with the provisions of order 15.
15. ARRANGEMENT
OF MOTIONS AND BILLS
(1) Subject to the provisions of these Orders, the motions and Bills to be
considered by Parliament on any day shall be determined as laid down in this order.
(2) The Prime Minister shall determine the motions or Bills to be considered
on any day except Friday or any other day allocated by him and the order in which they shall be set down upon the Order Paper.
(3) On Fridays or any other day allocated under the provisions of paragraph
(2) of this order the Business Committee[i] shall determine the motions proposed to be made by and the Bills in charge of Members who are not Ministers to be considered
and the order in which these shall be set down upon the Order Paper:
Provided that-
(a) the number of motions to be moved on any one day be limited to not more
than twelve;
(b) when the number of motions of which notice has been given exceeds twelve in
number the Business Committee may decide which motions should be deferred to a subsequent day in the same meeting, what priority
should be given to such deferred motions for later debate, or that time should not be allocated for debate on any motion during
a particular meeting in which case the said motion shall lapse unless further notice is given by the Member concerned to the
Clerk that he wishes to move the motion at a subsequent meeting;
(c) if in the opinion of the Business Committee there are insufficient such
motions or Bills to occupy the time of Parliament on any Friday, the Business Committee may direct that there be set down
to follow such motions or Bills upon the Order Paper such other motions or Bills as the Prime Minister may request.
(4) At the beginning of each meeting and on Friday of each week, statements
shall be made by or on behalf of the Prime Minister and the Chairman of the Business Committee informing Parliament, so far
as is practicable, of the motions and Bills arranged to be considered on each day of the following week.
(5) The Prime Minister may on any day make a further statement informing
Parliament of any changes in, or additions to, the arrangement of motions and Bills already announced in accordance with paragraph
(4) of this order.
PART E
PETITIONS AND
PAPERS
16. PRESENTATION
OF PETITIONS
(1) A petition may be presented to Parliament only by a Member.
(2) A Member who wishes to present a petition to Parliament shall inform
the Speaker not later than the day before the sitting at which he wishes to present it. When so informing the Speaker he shall
certify in writing to the Speaker that the petition is respectful and in his opinion deserving of presentation.
(3) Except on the recommendation of the Cabinet the Speaker shall not permit
a petition to be received, if in his opinion the petition requests that provision be made for any of the purposes set out
in section 60 of the Constitution.
(4) The signification of the Cabinet's recommendation shall be recorded in
the minutes of proceedings.
(5) No speech shall be made by a Member when presenting a petition other
than a brief statement of the number and description of the petitioners and the substance of the petition.
(6) If immediately after the petition has been presented a Member rises in
his place and requests that the petition be referred to a Special Select Committee, the Speaker shall call upon those Members
who support the request to rise in their places. If the total number, including the Member who first rose, who have then risen
is not less than half the Members the petition shall stand referred to a Special Select Committee.
17. PRESENTATION
OF PAPERS
(1) In this order "paper" means any account, paper, return, order, statement
or other document which is ordinarily laid upon the Table at the time appointed by order 13.
(2)
A paper may be presented to Parliament by either-
(a)
a Minister;
(b)
any other Member authorised so to do by the House; or
(c)
any other person authorised or required by law so to do.
(3) Whenever a Minister or other Member or person authorised or required
by law so to do wishes to present a paper he shall send a copy of it to the Clerk who shall lay it on the only by cable at
the opening of the next sitting and shall record its presentation in the minutes of proceedings of that sitting.
18. DEBATE
UPON PAPERS PRESENTED
(1) At any time after the recording of the presentation of a paper as mentioned
in sub-paragraphs (a) and (b) of paragraph (2) of order 17 the Minister or other Member who presented the paper
or, in the case of a paper presented as mentioned in subparagraph (c) of that paragraph, any Member may give notice
of a motion that Parliament resolve itself into a committee of the whole House to consider the paper. Debate upon such motion
shall be confined to the general principles set forth in the paper.
(2) If a motion under paragraph (1) of this order be agreed to, Parliament
shall resolve itself into committee. Debate in committee may extend over all the details contained in the paper, which shall
be discussed paragraph by paragraph unless otherwise decided by the Speaker having regard to the convenience of the committee.
No question shall be put on, nor any amendment proposed to, any part of the paper and at the conclusion of the debate no question
shall be put save that the Minister or other Member who moved the motion do report to Parliament that the committee has considered
the paper.
(3) As soon as the Minister or other Member who moved the motion has reported
that the committee has considered the paper, a motion may be made forthwith, or on a later day after notice, that Parliament
agrees to the proposals contained in the paper.
(4) Any Member may, if the Minister or other Member who presented the paper
has not given notice of a motion in accordance with paragraph (1) of this order, ask a question or move a motion relating
thereto in accordance with these Orders.
PART F
QUESTIONS TO THE GOVERNMENT
19. NATURE
OF QUESTIONS
Any Member who is not a Minister may address a question to the Government relating
to a public matter for which the Government is responsible, either seeking information on such matter or asking for official
action with regard to it.
20. QUESTION
DAYS
(1) Questions may be asked on any sitting day other than at the first sitting
of a meeting and on Fridays.
(2) On any question day not more than twelve questions may be asked and so
far as practicable Members shall be afforded equal opportunity of asking questions.
(3) Notwithstanding paragraph (2) of this order a questions which the Speaker
has permitted to be asked in accordance wide paragraph (4) of order 21 may be asked on any sitting day.
21. NOTICE
OF QUESTIONS
(1) A question shall not be asked without notice except as provided in paragraph
(4) of this order.
(2) A Member shall give notice of a question by delivering to the office
of the Clerk a copy thereof signed by him.
(3) A Member may not ask more than two questions of which notice has been
given on any one question day.
(4) If a Member asks the permission of the Speaker to ask a question without
notice on the ground that it is of an urgent character and relates to a matter of public importance or to the arrangement
of business, the Speaker may permit the question to be asked without notice, if he is satisfied that it is of that nature
and that sufficient private notice of the question has been or is to be given by the Member concerned to the Government to
enable the question to be answered.
(5) Notice of a question may specify that the answer thereto may be given
in writing.
22. CONTENT
OF QUESTIONS
(1)
A question shall conform to the following rules-
(a) A question shall not include the names of persons or any statement other
than those necessary to make the question intelligible.
(b) A question shall not contain a statement which the Member who asks the question
is not prepared to substantiate.
(c) A question shall not contain arguments, inferences, expressions of opinion,
imputations, epithets or tendentious, ironical or offensive expressions.
(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 Select Committee before
that Committee has made its report to Parliament.
(f) A question shall not seek information about a matter which is of its
nature secret.
(g) A question shall not reflect on the decision of a court of law or be so framed
as to be likely to prejudice a case pending in a court of law.
(h) A question shall not be asked for the purpose of obtaining an expression of
opinion, the solution of an abstract legal question, or the answer to a hypothetical proposition.
(i) A question shall not be asked whether statements in the press or of private
individuals or private concerns are accurate.
(j) A question shall not be asked about the character or conduct of
any person mentioned in paragraphs (7) and (8) of order 36 and a question shall not be asked about the character or conduct
of any other person except in his official or public capacity.
(k) A question shall not be asked seeking information which can be found in accessible
documents or ordinary works of reference.
(l) A question which has already been set down or has been fully answered
shall not be asked again during the same meeting.
(2) If the Speaker is of the opinion that a question of which a Member has
given notice to the Clerk, or which a Member has sought to ask without notice, infringes any of the provisions of order 19
or of this order he may direct-
(a) that it be placed on the Order Paper with such alterations as he may
direct; or
(b) in the case of a question which a Member has sought to ask without notice,
that it may be so asked with such alterations as he may direct; or
(c) that the Member concerned be informed that the question is out of order.
23. ASKING
AND ANSWERING OF QUESTIONS
(1) Every question in respect of which a Member has given due notice under
the provisions of order 21 and which complies with the provisions of order 19 and order 22 shall be put on the Order Paper
for a question day not being earlier than four clear days during which the House sits after the question has appeared on the
Notice Paper.
(2) The questions to be asked on each question day shall, subject to the
provisions of paragraph (2) of order 20, be placed on the Order Paper by the Clerk in the order in which they appear on the
Notice Paper, and in the order indicated by the Member:
Provided that questions which specify that the answer
may be given in writing shall be placed after questions which do not so specify.
(3) Subject to paragraph (4) of this order when each question is reached
on the Order Paper the Speaker shall call on the Member in whose name the question stands. The Member called shall then rise
in his place and ask the question by reference to its number on the Order Paper and the Minister who is to answer it shall
give his reply.
(4) When any question specifies that the answer may be given in writing it
shall be sufficient reply for the Minister to state that the question has been so answered prior to the commencement of proceedings
on the day of sitting at which the question is reached and thereupon the answer in writing shall be deemed to be read into
the minutes of proceedings.
(5) After the Minister has given an answer to a question any Member may put
supplementary questions to him for the purpose of elucidating his answer but the Speaker shall refuse to allow a supplementary
question to be answered, if in his opinion it introduces matter which is not related to the original question or answer or
which infringes any of the provisions of order 19 or order 22.
(6) A Member shall not address Parliament on a question and a question shall
not be made a pretext for a debate.
(7) If a Member is not present to ask his question when his name is called,
the question shall be postponed until the next question day.
PART G
STATEMENTS AND
RAISING OF MATTERS OF PRIVILEGE
24. STATEMENTS
BY MINISTERS
(1) A Minister who wishes to make a statement on some public matter for which
the Government is responsible shall inform the Speaker of his wish before the beginning of the sitting at which he wishes
to make the statement.
(2) No debate may arise on such statement but the Speaker may in his discretion
allow short questions to be put to the Minister making the statement for the purpose of elucidating it.
25. MATTERS
OF PRIVILEGE
(1) A Member who wishes to raise a matter which he believes affects the privileges
of Parliament may, not later than the day before the sitting at which he wishes to raise the matter, inform the Speaker of
his wish, stating the facts to which he wishes to draw attention.
(2) When a Member is called by the Speaker to raise a matter of privilege
he shall briefly state the facts to which he wishes to draw the attention of Parliament and the grounds on which he believes
that those facts affect the privilege of parliament.
(3) The Speaker shall then state whether in his opinion the matter may or
may not affect the privilege of Parliament.
(4) If the opinion of the Speaker is that the matter raised may affect the
privilege of Parliament a Member may without notice move a motion based on that matter of privilege and the motion shall be
debated forthwith and in priority to any business arranged in accordance with the provisions of order 15.
PART H
MOTIONS
26. NOTICE
OF MOTIONS AND AMENDMENTS
(1) Except as otherwise provided in these Orders or with the prior permission
of the Speaker on grounds of public urgency no Member shall move a motion in Parliament unless such motion has appeared in
the Notice Paper three clear days before the day on which it is to be considered by Parliament or a committee thereof.
(2) Except as otherwise provided in these Orders no amendment shall be moved
to a motion unless either
(a) notice of the amendment has been given not later than one clear day before
the day on which the motion concerned is to be considered by Parliament; or
(b) the Speaker gives leave to dispense with notice of the amendment.
(3) A Member may not, on any day upon which the Business Committee have determined
that motions may be moved under paragraph (3) of order 15, move more than two motions in respect of which he shall have given
notice or have received the prior permission of the Speaker under paragraph (1) of this order.
27. MANNER OF GIVING NOTICE OF MOTIONS AND
AMENDMENTS
(1) Notice of a motion or an amendment shall be given by the delivery of
a copy of the proposed motion or amendment in writing signed by the Member to the Clerk who shall thereupon submit a copy
to the Speaker.
(2) Subject to paragraph (3) of this order the Speaker may direct that the
motion or amendment be printed in the terms in which it was submitted to him or subject to such correction of spelling, punctuation
and grammatical errors as he may specify.
(3)
If the Speaker is of the opinion that the proposed motion or amendment-
(a) is one which infringes, or the debate on which is likely to infringe,
any of the provisions of these Orders; or
(b)
is contrary to the Constitution; or
(c)
is too long; or
(d)
embraces more than one substantive motion or amendment; or
(e) is framed in terms which are inconsistent with the dignity of Parliament;
or
(f) contains or implies allegations which in the Speaker's opinion cannot
be substantiated by the Member; or
(g) contains matter which is inconsistent with paragraphs (2), (3), (4), (5), (7)
or (8) of order 36; or
(h) anticipates a matter already appointed for consideration in Parliament; or
(i) is ambiguous or cannot or may not be understood, he may direct either
that the motion or amendment be returned to the Member as inadmissible or that it be printed with such alterations as may
be agreed with the Member.
28. MOTIONS AND
AMENDMENTS REQUIRING RECOMMENDATION
(1) In the case of a motion or amendment to a motion, the effect of which,
in the opinion of the Speaker, is that provision should be made for any of the purposes set out in section 60 of the Constitution
(that is to say, that such motion if carried, would require the introduction of a bill to make provision for imposing or increasing
any tax, for imposing or increasing any charge on the Consolidated Fund or other funds of Solomon Islands, including aid funds
which have been or might be made available to Solomon Islands or for altering any such charge otherwise than by reducing it,
or for compounding or reducing any debt due to Solomon Islands), the Speaker shall first transmit the motion or amendment
to the Cabinet with a request that a Minister signify whether or not he will give a recommendation for the purposes of section
60 of the Constitution, and unless the Minister so signifies, the motion or amendment shall neither be printed nor included
in any Notice or Order Paper.
(2) Except upon the recommendation of the Cabinet signified by a Minister
and recorded in the minutes of the proceedings, Parliament shall not proceed upon such a motion or amendment as is referred
to in the preceding paragraph.
29.
MANNER OF DEBATING MOTIONS
(1) A Member called upon by the Speaker to move a motion
shall rise in his place and, after making such remarks as he may wish to make, shall move the motion, stating its terms.
(2) When a motion has been moved, the Speaker shall
propose the question thereon to Parliament or the committee in the same terms as the motion; debate may then take place on
that question.
(3) Amendments of which notice has been given or dispensed
with in accordance with paragraphs (2)(a) or (2)(b) of order 26 may be moved to a motion at any time after the
question has been proposed on that motion by the Speaker; and after all the amendments have been disposed of the Speaker shall
again propose the question on the motion or shall propose the question on the motion as amended, as the case may require,
and a further debate may take place.
(4) When no more Members wish to speak, the Speaker shall put the question
on the motion or on the motion as amended to Parliament or to the committee for its decision.
30. MANNER
OF DEBATING AMENDMENTS TO MOTIONS
(1) A Member called upon by the Speaker to move an amendment to a motion shall rise in his
place and after making such remarks as he may wish to make shall move the amendment stating its terms.
(2)
An amendment to a motion shall take one of the following forms -
(a)
leaving out one or more of the words of the motion;
(b) inserting or adding one or more words in the motion or at the end of the motion;
(c) leaving out one or more words of the motion and inserting or adding one or more words instead.
(3) When an amendment has been moved, the Speaker shall thereupon propose
the question on the amendment to Parliament or the committee and a debate may then take place on that question.
(4) (a)
On an amendment to leave out any of the words of a motion the question proposed by the Speaker shall be that the words
proposed to be left out, be left out.
(b) On an amendment to insert words in or to add words at the end of a motion,
the question proposed by the Speaker shall be that those words be inserted or added.
(c) On an amendment to leave out words and insert or add other words instead,
the Speaker shall propose one question only on the amendment.
(d) When two or more amendments are moved to the same motion the Speaker shall
call on the movers in the order in which their amendments relate to the text of the motion, or in case of doubt, in such order
as he may determine.
(e) Once the Speaker has proposed a question to leave out words of a motion,
no amendment to leave out part only of those words may be proposed unless the earlier amendment is first withdrawn.
31. WITHDRAWAL
OF MOTIONS AND AMENDMENTS
(1) A motion or an amendment may be withdrawn at the request of the mover
by leave of Parliament or the committee before the question is fully put thereon if there is no dissenting voice. A motion
or amendment which has been so withdrawn may be proposed again if, in the case of a motion, notice required by these Orders
is given.
(2) A notice of motion or an amendment may be withdrawn from the Notice Paper
at any time before it is moved, if the Member in whose name the motion or amendment stands gives instructions to that effect
to the Clerk.
PART I
RULES OF DEBATE
32. TIME
AND MANNER OF SPEAKING
(1) A Member shall speak standing and shall address his observations to the
Speaker.
(2) When the Speaker rises, during proceedings in Parliament or in committee
of the whole House, every other Member shall be seated.
(3) If two or more Members rise at the same time to speak the Speaker shall
select a Member and call on him to speak.
(4) When a Member has finished speaking he shall resume his seat and any
other Member wishing to speak shall then rise.
(5) A Member shall whenever possible avoid referring to another Member by
name.
33. OCCASIONS
WHEN A MEMBER MAY SPEAK MORE THAN ONCE
(1) Save with the leave of the Speaker a Member may not speak more than once
on a question except -
(a)
in committee; or
(b)
in explanation as provided in paragraph (2) of this order; or.
(c) in the case of the mover of a motion, in reply in accordance with paragraph
(3) of this order.
(2) A Member who has spoken on a question may again be heard if the Speaker
so permits, to explain some material part of his speech which has been misquoted or misunderstood but when speaking he shall
not introduce any new matter.
(3) In Parliament the mover of a motion may reply after all the other Members
present have had an opportunity of speaking and before the question is put.
(4) A Member who has spoken on a question may speak again on an amendment
proposed to that question and on a motion that the debate be now adjourned, moved during the debate on that question.
(5) No Member may speak on a question after it has been fully put by the
Speaker to Parliament or a committee for decision.
34. INTERRUPTIONS
(1)
A Member shall not interrupt another Member except-
(a) by rising to call attention to a point of order whereupon the Member
speaking shall resume his seat and the Member interrupting shall concisely state the point which he wishes to bring to notice
and submit it to the Speaker for decision; or
(b) to elucidate some matter raised by that Member in the course of his speech,
if the Member speaking is willing to give way and resume his seat and the Member wishing to interrupt is called by the Speaker.
(2)
The debate on a question may be interrupted-
(a)
by a matter of privilege suddenly arising;
(b) by the Speaker intervening to restrain words of heat between Members;
(c)
by questions of order;
(d)
by a message from the Governor-General;
(e)
by a Member presenting himself to take the oath of allegiance;
(f)
by a motion that strangers withdraw;
(g) by objection being taken under section 67 of the Constitution that there is
not a quorum present;
(h)
by the making, by leave of the Speaker, of a ministerial statement.
35. ADJOURNMENT OF DEBATE OR OF PROCEEDINGS OF A COMMITTEE
(1) A Member who has risen to speak on a question proposed by the Speaker
may without notice move that the debate on that question be now adjourned. Thereupon the Speaker shall propose the question
on that motion.
(2) When a motion that the debate be now adjourned has been carried the debate
on the question then before Parliament shall stand adjourned and Parliament shall proceed to the next item of business.
(3) When a motion that the debate be now adjourned has been negatived, the
debate on the question then before Parliament shall be continued and no further motion that the debate be now adjourned shall
be moved during that debate except by a Minister.
(4) When Parliament is in committee a Member may without notice move that
further proceedings of the committee be now adjourned. Thereupon the Speaker shall propose the question on that motion. If
the motion is carried the Speaker shall leave the chair of the committee and Parliament shall resume but if the motion is
negatived the committee shall continue its proceedings.
(5) It shall not be in order to move an amendment to a motion under the provisions
of this order.
36. CONTENT
OF SPEECHES
(1) A Member shall restrict his observations to the subject under discussion
and shall not introduce matters irrelevant to that subject and without prejudice to the generality of the fore going shall
not introduce into his speech personal references which have no direct relevance to the subject under discussion.
(2) Reference shall not be made to a case pending in a court of law in such
a way as, in the opinion of the Speaker, might prejudice that case.
(3) It shall be out of order to attempt to reconsider a specific question
on which Parliament has taken a decision during the current or preceding two meetings of that Parliament except on a substantive
motion to rescind that decision moved with the permission of the Speaker.
(4) It shall be out of order to use offensive and insulting language.
(5) A Member shall not impute improper motive to another Member or make unbecoming
references to his private affairs.
(6) The name of Her Majesty or of the Governor-General shall not be used
disrespectfully or to influence Parliament.
(7) The conduct of Her Majesty and members of the Royal Family shall not
be called in question.
(8) The conduct of the Governor-General, Ministers and Members and Judges
or other persons performing judicial functions shall not be raised.
37. BEHAVIOUR
OF MEMBERS NOT SPEAKING
During a sitting-
(a)
all Members shall enter or leave Parliament with decorum;
(b)
no Member shall cross the floor of Parliament unnecessarily;
(c) Members shall not read newspapers, books, letters, or other documents
except such matters therein as may be directly connected with the business of Parliament; and
(d) while a Member is speaking all other Members shall be silent and shall not
make unseemly interruptions.
PART J
RULES OF ORDER
38. DECISION
OF SPEAKER FINAL
The Speaker shall be responsible for the observance of the rules of order in
Parliament and in committee. His decision on a point of order shall be final.
39. ORDER
IN PARLIAMENT AND COMMITTEE
(1) The Speaker, after having called the attention of Parliament or the committee
to the conduct of a Member who persists in irrelevance or tedious repetition of his own or other Member's arguments in the
debate, may direct him to discontinue his speech and if the Member does not immediately comply his conduct shall be deemed
grossly disorderly.
(2) The Speaker, in any case where he considers that a Member has deliberately
made a remark or statement defamatory of another Member or which contains a personal reference to any person which has no
direct relevance to the subject under discussion, may require him to withdraw that remark or statement, and order that such
remark or statement be not included in any record of the meeting. If the Member refuses to withdraw his remark or statement,
his conduct shall be deemed to be grossly disorderly.
(3) Where any Member has conducted himself in a manner which is grossly disorderly
the Speaker may, after giving the Member an opportunity to be heard, either -
(a)
reprimand the Member; or
(b) order that a sum not exceeding one hundred dollars be deducted from any salary
or allowance which may be due or become due to the Member by virtue of his Membership and paid into the Consolidated Fund;
or
(c) suspend the Member for a period not exceeding fourteen sitting days;
or
(d)
impose two or more of the foregoing penalties.
(4) Any Member may raise the matter of the grossly disorderly behaviour of
another Member as though it were a matter of privilege under order 25 and, if it is the opinion of the Speaker that the conduct
complained of is capable of being found to be grossly disorderly the Speaker shall express the opinion for the purposes of
order 25(4) that the matter raised may affect the privilege of Parliament.
(5) On a motion moved under order 25(4) for the purposes of this order it
may be moved that the Member suffer any one or more of the penalties set out in paragraph (2) of this order and if passed
such motion shall take effect immediately.
(6) Where any Member is suspended, he shall withdraw immediately from the
House and shall not return until his period of suspension has expired and the Sergeant-at-Arms shall act on behalf of the
House to ensure compliance with this order.
PART K
VOTING
40. DECISION
ON QUESTIONS
All questions proposed for decision committee shall be determined in accordance
with section 71 of the Constitution.
41. COLLECTION
OF VOICES
(1) When the debate upon a question is concluded the Speaker shall put the question to Parliament
or the committee and, if it shall not have been heard, shall again put it to Parliament or to the committee.
(2) Every Member present in the House when the question is put is required to vote and in case
he shall not have heard the question put, the Speaker shall again put the question.
(3) Having put the question the Speaker shall call upon those Members in favour to say "Aye"
and immediately thereafter call upon those Members who are against the question to say "No".
(4) As soon as the Speaker has collected the voices of the Ayes and of the Noes, the question
being then fully put no other Member may speak on it.
(5) The Speaker may, according to his judgment of the number of voices on either side, then
state that he thinks the Ayes have it or that he thinks the Noes have it, as the case may be; and if no Member challenges
his statement as provided in the next succeeding paragraph he shall declare the question to have been decided.
(6) If a Member challenges the statement of the Speaker that he thinks the Ayes or the Noes
have it by claiming a division, then the Speaker shall order Parliament or the committee, as the case may be, to proceed to
a division and the division shall be held forthwith in the manner prescribed in order 42.
(7) Notwithstanding paragraph (4) of this order the Speaker may if in his opinion the division
is unnecessarily claimed, take the vote of Parliament or the committee by calling upon the Members who support or who challenge
his decision successively to rise in their places and he shall thereupon, as he sees fit, either declare the determination
of Parliament or the committee or order a division.
42. DIVISIONS
(1) When a division has been ordered a bell shall be rung for two minutes
unless all Members be sooner present. On the conclusion of that time the votes shall be taken by the Clerk who shall ask each
Member seated in the House by the time the bell has ceased to ring separately how he wished to vote. A Member shall upon his
name being called give his vote by saying "Aye" or "No" or by expressly stating that he abstains from voting.
(2) As soon as the Clerk has taken the votes the Speaker shall state the
numbers voting for the Ayes and for the Noes respectively and shall also state the number of abstentions and then declare
the result of the division.
(3) No Member shall be entitled to speak while a division is being taken
except to a point of order which, if raised, shall immediately be dealt with by the Speaker without debate.
(4) If a Member states that he voted in error or that his vote has been counted
wrongly, he may claim to have his vote altered if his statement is made before the Speaker has declared the result of the
division.
PART L
PROCEDURE ON BILLS
43. FORM
OF BILLS
(1) A Bill submitted for presentation shall conform with the requirements of this order.
(2) The Bill shall be given a short title corresponding to the title by which it is to be cited
if it becomes law.
(3) The Bill shall be given a long title setting out the purposes of the Bill in general terms:
Provided that a Bill to amend
those provisions of the Provincial Government Act 1981 referred to in section 43(1) of that Act shall in the long title show
that it is intended to amend such provisions.
(4) The clauses of the Bill shall be preceded by the enacting formula prescribed by law.
(5) The Bill shall be divided into clauses numbered consecutively and having a descriptive
note in the margin or at the head of each clause:
Provided that matters of detail
dependent upon the provisions of the Bill may be annexed to the Bill in the form of a schedule or schedules.
(6) An explanatory memorandum stating the contents and objects of the Bill in non-technical
language shall be attached to the Bill.
(7) In the case of a Bill involving the expenditure of public money, the explanatory memorandum
shall set out briefly the financial effect of the Bill and contain estimates, where possible, of the amount of money involved.
(8) In the case of any Bill amending an existing Act by reference to part only of individual
sections of that Act, the Speaker may require that the Bill include as an annexure the whole of those sections of the existing
Act indicating clearly the amendments that are proposed to be made by the Bill.
44. NOTICE
OF PRESENTATION OF BILLS
(1) Subject to paragraph (2) of this order and section 61(4) of the Constitution
a Member may at any time give notice of his intention to present a Bill; such notice shall be accompanied by a copy of the
Bill and memorandum required by order 43 for submission to the Speaker.
(2) A Member who is not a Minister shall, not less than twelve clear days
before the first reading of the Bill, give notice of his intention to present a Bill.
(3) In the case of a Bill having any effect such as is described in paragraph
(1) of order 28, the notice shall be accompanied by a certificate signed by a Minister stating that Cabinet's recommendation
shall be signified to the Bill on second reading.
(4)
In the case of a Bill which includes any provision-
(a) relating to a matter that is within the legislative competence of a Provincial
Assembly; or
(b) affecting the functions of a Provincial Executive the notice shall be accompanied
either by a certificate signed by the Speaker of each Provincial Assembly or a member of each provincial Executive affected
by the Bill stating the date on which a copy of the Bill was received by the Provincial Assembly or Provincial Executive as
the case may be or by such other evidence that a copy of the Bill has been sent to the Provincial Assembly or Provincial Executive
as the Speaker may in his discretion deem satisfactory.
(5) A Member submitting such a Bill for presentation shall be known throughout
the subsequent proceedings on the Bill as the Member in charge of the Bill.
45. EXAMINATION
OF BILLS BY THE SPEAKER
(1) The Speaker shall examine every Bill submitted for presentation and shall
satisfy himself that it complies with the requirements of orders 43 and 44.
(2) If the Speaker is not satisfied that the Bill complies with the requirements
as aforesaid, he shall instruct the Clerk so to inform the Member in charge of the Bill and no further proceedings shall be
taken in respect of the Bill.
46. PRESENTATION
AND PUBLICATION OF BILLS
(1) If the Speaker is satisfied that the Bill complies with the requirements
of orders 43 and 44 he shall endorse the Bill to that effect; the Bill shall then be deemed to have been presented to Parliament.
(2) As soon as may be after presentation of a Bill the Clerk shall cause
the text of the Bill as contained in the copy submitted to the Speaker and the explanatory memorandum required by order 43
to be published in such manner as the Speaker may direct and copies of the text of the Bill and memorandum as so published
shall be sent to every Member.
47. FIRST
READING OF BILLS
(1) The short title of every Bill presented in accordance with order 46 shall
be placed upon the Order Paper for first reading on the next sitting day after it shall have been published.
(2) No debate shall be allowed upon the first reading of a Bill and the Bill
shall be deemed to have been read the first time upon the Clerk reading the short title.
(3) When a Bill has been read the first time Parliament shall be deemed to
have ordered the Bill to be set down for second reading in accordance with the provisions of order 15 and the order of Parliament
shall be so recorded in the minutes of proceedings and notice of motion for second reading shall not be required to be given
by the Member in charge of the Bill.
48. SECOND
READING OF BILLS
(1) In the case of a Bill
having any effect such as is described in paragraph (1) of order 28 the Speaker shall call for the signification of the recommendation
of the Cabinet by a Minister before Parliament enters upon consideration of the second reading of the Bill and the motion
that the Bill be now read a second time shall not be moved unless such recommendation has been signified.
(2) The signification of the Cabinet's recommendation shall be recorded in
the minutes of proceedings.
(3) A Bill to amend those provisions of the Provincial Government Act referred
to in section 43(1) of that Act shall not be read a second time until 28 days have elapsed since the first reading.[ii]
(4) A Bill including the provisions referred to in paragraph (4) of order
44 shall not be read a second time until the Speaker is satisfied that adequate notice of such provisions has been given to
each Provincial Assembly or Provincial Executive concerned.[iii]
(5) Parliament shall proceed to the second reading of a Bill on a motion
that the Bill be now read a second time and on this motion a debate may arise confined to the general merits and principles
of the Bill.
(6) No amendment may be proposed to the question that the Bill is now read
a second time.
(7) When a motion for the second reading of a Bill has been negatived no
further proceedings shall be taken on that Bill.
49. COMMITTAL
OF BILLS
(1) When a Bill has been read a second time it shall stand committed to a
committee of the whole House unless -
(a) Parliament, on a motion which may be moved without notice by any Member
immediately after the Bill has been read a second time, commits the Bill to a Select Committee; or
(b) the Speaker is of the opinion that the Bill would specially benefit or otherwise
specially affect some particular person or association or corporate body, in which case he shall direct that the Bill be committed
to a Select Committee.
(2) Proceedings on a Bill in committee of the whole House shall be begun
upon a day appointed in accordance with the provisions of order 15 and notice of the committal shall not be required to be
given by the Member in charge of the Bill.
(3) Proceedings upon a Bill in Select Committee shall be begun upon a day
appointed in accordance with paragraph (2) of order 72.
50. FUNCTIONS
OF COMMITTEES ON BILLS
(1) Any committee to which a Bill is committed shall not discuss the principles
of the Bill but only its details.
(2) Any such committee shall have power to make such amendments therein as
they shall think fit, provided that the amendments, including new clauses and new schedules, are relevant to the subject-matter
of the Bill and are otherwise in conformity with these Orders; but if any amendment shall not be within the title of the Bill
the committee shall amend the title accordingly and report the same specially to Parliament.
51. AMENDMENTS
TO BILLS
(1) The provisions of this order shall apply to amendments proposed to be
moved to Bills in committee of the whole House in a Select Committee and on re-committal.
(2) Notice of amendments proposed to be moved to a Bill shall be given not
later than one clear day before that on which the Bill is to be considered in committee and except with the leave of the Speaker
no amendment of which notice has not been so given may be moved to a Bill.
(3) The provisions of order 27 shall apply to notices of amendments to Bills.
(4) The following additional provisions shall apply to amendments relating
to Bills -
(a) an amendment must be relevant to the subject-matter of the Bill and to
the subject-matter of the clause to which it relates;
(b) an amendment must not be inconsistent with any clause already agreed to or
with any previous decision of the committee upon the Bill;
(c) an amendment must not be such as to make the clause which it proposes
to amend unintelligible or ungrammatical;
(d) an amendment which is in the opinion of the Speaker or in the case of a Select
Committee the Chairman, frivolous or meaningless may not be moved.
(5) If an amendment refers to, or is not intelligible without a subsequent
amendment or schedule, notice of the subsequent amendment or schedule must be given before the first amendment is moved so
as to make the series of amendments intelligible as a whole.
(6) Except upon the recommendation of the Cabinet signified by a Minister
and recorded in the minutes of proceedings, the committee shall not proceed upon any amendment to which the provisions of
order 28 apply.
(7) The Speaker or in the case of a Select Committee, the Chairman may at
any time during the discussion of a proposed amendment withdraw it from the consideration of the committee if, in his opinion
the discussion shall have shown that the amendment violates the provisions of this order.
52. PROCEDURE
IN COMMITTEE OF THE WHOLE HOUSE ON A BILL
(1) The Speaker in committee of the whole House shall call the number of
each clause in succession. If no amendment is proposed thereto, or when all proposed amendments have been disposed of, he
shall propose the question "That the clause (or the clause as amended) stand part of the Bill" and when all Members who wish
to speak thereon have spoken, he shall put the question to the committee for its decision.
(2) Notwithstanding the provisions of paragraph (1) of this order, the Speaker
may, if no member objects or has given notice of any amendment to any clause affected, call the numbers of more than one clause
or group of clauses, in which case he shall propose the question "That the clauses (or group of clauses) stand part of the
Bill".
(3) In order to save time and repetition or arguments, the Speaker may allow
a single discussion to cover a series of interdependent amendments.
(4) The provisions of order 30 shall apply to the discussion of amendments
to Bills with the substitution of the word "clause" for the word "motion".
(5) Consideration of a clause may be postponed, unless a decision has already
been taken upon an amendment thereto. Postponed clauses shall be called again after the remaining clauses of the Bill have
been considered.
(6) A clause may be replaced or a new clause inserted at the proper and logical
stage during the course of consideration of the clauses of the Bill.
(7) The Speaker shall call on the Member in whose name the clause stands
and upon such Member moving "That clause.... be replaced by the following clause" or "That the following clause be inserted
immediately after clause ........ The Speaker shall propose the question thereon and debate may then take place on that question
and any amendments to the clause may be proposed. Thereafter the final question shall be proposed and if this is agreed to
the Bill shall be amended accordingly without any further question, and any renumbering or other minor consequential amendment
may be carried out by the Clerk.
(8) Schedules shall be disposed of and a schedule may be replaced or a new
schedule inserted in the same way as clauses.
(9) When every clause and schedule and proposed new clause or schedule has
been dealt with, the preamble, if there is one, shall be considered and the question put "That this be the preamble to the
Bill". No amendment to the preamble shall be considered which is not made necessary by a previous amendment to the Bill.
(10) If any amendment to the title of the Bill is made necessary by amendment to the Bill,
it shall be made at the conclusion of the proceedings detailed above but no question shall be put that the title (as amended)
stand part of the Bill; nor shall any question be put upon the enacting formula.
(11) An amendment, proposed new clause or proposed new schedule, upon which a question
has been proposed, may be withdrawn at the request of the mover by leave of the committee before the question has been fully
put on it, if no Member objects.
(12) When all the proceedings upon the Bill have been concluded in committee the Speaker
shall return to his chair and the Member in charge of the Bill shall report the bill to Parliament with or without amendment
as the case may be.
53. PROCEDURE ON REPORTING OF BILL FROM COMMITTEE OF THE WHOLE HOUSE
(1) When a Bill has been reported from a committee of the whole House, Parliament
shall be deemed to have ordered the Bill to be set down for third reading in accordance with the pro visions of order 15 and
the order of Parliament shall be so recorded in the minutes of proceedings and notice of motion for third reading shall not
be required to be given by the Member in charge of the Bill.
(2) If any Member desires to propose further amendments to a Bill as reported
from a committee of the whole House, he shall give notice of such further amendments and may, not later than the day before
that on which the Bill is set down for third reading upon the Order Paper, give notice of a motion that the Bill be recommitted,
either as a whole or in respect only of some specified clause or clauses or schedule or schedules or some proposed new clause
or new schedule. Such a motion shall be placed on the Order Paper immediately before the motion for the third reading of the
Bill.
(3) When a motion for recommittal has been moved no amendments may be proposed
to it except amendments to widen the scope of the proposed recommittal.
(4) When a motion for recommittal is agreed to, the Bill shall stand recommitted
as required by the motion and Parliament shall immediately resolve itself into a committee of the whole House to consider
it.
(5) When a motion for recommittal is negatived Parliament shall forthwith
proceed to the third reading of the Bill.
54. PROCEEDINGS ON RECOMMITTAL
OF BILL REPORTED FROM COMMITTEE OF THE WHOLE HOUSE
(1) When the whole of a Bill has been recommitted the committee shall go
through the Bill as provided in order 52.
(2) When a Bill has been recommitted in respect only of some specified clause
or clauses or schedule or schedules of the Bill, or some proposed new clause or new schedule, the committee shall consider
only the matter or matters in respect of which the Bill has been so recommitted and shall proceed on every such clause or
schedule in the manner provided in order 52 and if necessary may thereafter consider amendment of the long or short title
of the Bill:
Provided that if the Speaker considers it necessary
or desirable he may require the whole Bill to be recommitted as in paragraph (1) of this order.
(3) When all proceedings in committee of the whole House on a recommitted
Bill have been completed the Speaker shall return to his chair and the Member in charge of the Bill shall report the Bill
as amended (or as not amended) on recommittal to Parliament.
(4) When the Bill has been so reported after recommittal Parliament shall
forthwith proceed to the third reading of the Bill unless the Member in charge states that he wishes the third reading to
be postponed and in the latter event the provisions of paragraph (1) of order 53 shall apply but no further motion to recommit
the Bill shall be allowed.
55. PROCEDURE
IN SELECT COMMITTEE ON A BILL
(1) A Select Committee considering a Bill shall conform with the provisions
of order 72 but before reporting the Bill to Parliament it shall go through the Bill in the same manner as a committee of
the whole House as prescribed in order 52.
(2) When a Bill has been amended in a Select Committee, the whole text of
the Bill as amended shall, if practicable, be printed as part of the report of the Select Committee but if this is not practicable
the text of every clause or schedule amended, and of every new clause or new schedule added, shall be so printed.
(3) When all the proceedings upon the Bill have been concluded in a Select
Committee and the committee has agreed to its `report, the Chairman shall, at the next sitting of Parliament, report the Bill,
with or without amendment as the case may be, to Parliament and shall lay a copy of the report of the committee upon the Table.
56. PROCEDURE ON REPORTING OF BILL FROM SELECT COMMITTEE
(1) When a Bill has been reported from a Select Committee Parliament may
consider the Bill as reported on a motion that the report of the Select Committee on the Bill be adopted.
(2) If that motion is carried without amendment Parliament shall be deemed
to have ordered the Bill to be set down for third reading in accordance with the provisions of order 15 and the order of Parliament
shall be so recorded in the minutes of proceedings, and notice of third reading shall not be required to be given by the Member
in charge of the Bill.
(3) On a motion to adopt the report of a Select Committee on a Bill moved
under paragraph (1) of this order, a Member may propose an amendment to add at the end of the motion the words "subject to
the recommittal of the Bill (either wholly or in respect only of some particular part or parts of the Bill or of some proposed
new clause or new schedule) to a committee of the whole House".
(4) If the motion is carried as amended in accordance with paragraph (3)
of this order, the Bill shall stand recommitted as required by the motion and Parliament shall immediately resolve itself
into a committee of the whole House to consider it.
57. PROCEEDINGS ON RECOMMITTAL OF BILL REPORTED FROM SELECT COMMITTEE
(1) When a Bill reported from a Select Committee has been recommitted, the
proceedings on recommittal shall be subject to the provisions of order 54.
58. THIRD
READING OF BILLS
(1) Parliament shall proceed to the third reading of a Bill on a motion that
the Bill be read the third time and do pass. Debate on that motion shall be confined to the contents of the Bill and no amendment
may be moved to the motion.
(2) Amendments for the correction of errors or oversights may, with the Speaker's
permission, be made to the Bill before the question for the third reading of the Bill is put by the Speaker, but no amendments
of a material character shall be proposed.
(3) When a motion for the third reading of a Bill has been carried the Clerk
shall read the short title of the Bill and shall write at the end of the Bill the words "Passed by the National Parliament
of Solomon Islands this day" giving the date.
(4) When a motion for the third reading of a Bill has been negatived no further
proceedings shall be taken on that Bill.
59. WITHDRAWAL
OF BILLS
The Member in charge of a Bill may, at the beginning of the proceedings on a
Bill at a sitting, announce that he withdraws the Bill. And such Bill shall thereupon stand withdrawn and no further proceedings
shall be taken on it.
60. PRESENTATION OF BILLS FOR ASSENT BY THE GOVERNOR-GENERAL
A copy of every Bill passed by Parliament, certified as a true copy by the Clerk,
shall be submitted by the Clerk to the Governor-General for his assent.
PART M
FINANCIAL PROCEDURE
61. PRESENTATION AND SECOND READING OF APPROPRIATION BILL
(1) Any Appropriation Bill for the purposes of section 102 of the Constitution
presented to Parliament shall be accompanied by the estimates of revenue and expenditure referred to in subsection (1) of
that section.
(2) After the motion for the second reading of an Appropriation Bill has
been proposed the debate thereon shall be adjourned and shall be resumed not earlier than the day following, after which three
further days shall be allotted for the second reading of the Bill. The debate upon second reading when resumed, shall be confined
to the financial and economic state of Solomon Islands and the general principles of Government policy and administration
as indicated by the Bill and estimates. Unless the debate is concluded earlier, the Speaker shall at 4.30 p.m. on the last
day allocated for the second reading put any question necessary to bring the proceedings thereon to a conclusion.
(3) For the purposes of this order and order 63 an allotted day shall be
any day on which the consideration of the Appropriation Bill whether by Parliament or in the Committee of Supply, stands as
the only motion or Bill set down by the Prime Minister upon the Order Paper in accordance with the provisions of order 15.
62. THE
COMMITTEE OF SUPPLY
(1) There shall be a Committee of the whole House to be called the Committee
of Supply. Subject to the provisions of order 79 the deliberations of the Committee of Supply shall be in public.
(2) The estimates shall upon presentation to Parliament stand referred to
the Committee of Supply and the Appropriation Bill upon being read a second time shall stand committed to that committee.
63. ALLOTMENT
OF TIME IN COMMITTEE OF SUPPLY
(1) A maximum of four days shall be allotted for discussion of the Appropriation
Bill in Committee of Supply.
(2) This period may be extended if the question on the second reading of
the Bill was carried on a day earlier than the last day allotted for the debate on second reading as the day or days thus
saved may be added to the days allotted under this paragraph.
(3) The Speaker may name the hour upon any day allotted under paragraph (1)
of this order as being the time at which proceedings upon any head in the schedules to the Bill, on any schedule of, or on
the clauses of the Bill shall be concluded. If in the case of any head or schedule or of the clauses the hour so named is
reached before the business concerned is disposed of the Speaker shall thereupon put any question necessary to dispose of
that business.
(4) If in the case of any head or schedule the proceedings thereon are concluded
before the hour named in accordance with paragraph (3) of this order, the Committee of Supply may forthwith proceed to the
next business.
64. PROCEDURE
IN COMMITTEE OF SUPPLY
(1) On the consideration of the Appropriation Bill in Committee of Supply
the clauses of the Bill shall stand postponed until after consideration of the schedule or schedules.
(2) On consideration of the schedules each head shall be considered with
the appropriate estimate and any reference in these Orders to a subhead or an item means a subhead or an item in the estimates
for the head then under discussion.
(3) On the consideration of a schedule, the Speaker shall call the title
of each head in turn and shall propose the question "That the sum of $........... for head …….. stand part of
the schedule" and unless an amendment is proposed under the provisions of the next succeeding order, a debate may take place
on that question. Any such debate shall be confined to the policy of the service for which the money is to be provided and
shall not deal with the details of any item or subhead but may refer to the details of revenue or funds for which that service
is responsible.
(4) When all the heads in a schedule have been disposed of the Speaker shall
put forthwith, without amendment or debate, the question "That the schedule (as amended) stand part of the Bill".
(5) When every schedule has been disposed of the Speaker shall call successively
each clause of the Bill and shall forthwith propose the question "That the clause stand part of the Bill" and, unless a consequential
amendment is moved, that question shall be disposed of without amendment or debate.
(6) No amendment may be moved to any clause except any amendment consequential
on an alteration in the total sum appropriated by any schedule. Any such consequential amendment shall be moved by a Minister
only and may be moved without notice and the question thereon shall be put forthwith without amendment or debate. When the
question on the last of any such amendments to a clause has been decided the Speaker shall forthwith put the question "That
the clause as amended stand part of the Bill" and that question shall then be decided without amendment or debate.
(7) When the question upon every clause of the Bill has been decided, the
Speaker shall return to his chair and the Member in charge of the Bill shall report the Bill to Parliament with or without
amendment as the case may be.
65. AMENDMENTS
TO HEADS IN COMMITTEE OF SUPPLY
(1) Notwithstanding the provisions of paragraph (2) of order 51 no amendment
shall be moved in the Committee of Supply under this order until one clear day after that on which it was published in the
Notice Paper.
(2) Except upon the recommendation of the Cabinet to be signified by a Minister
and recorded in the minutes of proceedings, the committee shall not proceed upon any amendment which in the opinion of the
Speaker increases the sum allotted to any head whether in respect of any item or subhead or of the head itself; every such
amendment shall take the form of a motion "That head …….. be increased by $.......... (in respect of subhead ………………….item
…………………………….)".
(3) An amendment to increase a head whether in respect of any item or subhead
or of the head itself shall take precedence over an amendment to reduce the head in the same respect and if it is carried
no amendment to reduce the head in that respect shall be called.
(4) Except upon the recommendation of the Cabinet to be signified by a Minister
and recorded in the minutes of proceedings, the committee shall not proceed upon any amendment which in the opinion of the
Speaker has any effect such as is mentioned in paragraph (1) of order 28.
(5) Subject to the provisions of paragraph (4) of this order, an amendment
to any head to reduce the sum allotted thereto in respect of any item therein may be moved by any Member, and shall take the
form of a motion "That head ….. be reduced by $........ in respect of (or by omitting) subhead ……………item
………..'.
(6) An amendment to reduce a head in respect of any subhead or by omitting
a subhead shall only be in order if the subhead is not itemised.
(7) An amendment to reduce a head without reference to a subhead therein
shall only be in order if the head is not divided in subheads.
(8) An amendment to omit a head shall not be in order and shall not be placed
on the Order Paper.
(9) In the case of each head, amendments in respect of items or subheads
in that head shall be placed upon the Order Paper and considered in the order in which the items or subheads to which they
refer stand in the head in the estimates.
(10) When notice has been given of two or more amendments to reduce the same item, subhead
or head, they shall be placed upon the Order Paper and considered in the order of the magnitude of the reductions proposed,
the amendment proposing the largest reduction being placed first in each case.
(11) Debate on every amendment shall be confined to the item, subhead or head to which
the amendment refers and after an amendment to an item or subhead has been disposed of, no amendment or debate on a previous
item or subhead of that head shall be permitted.
(12) When all amendments standing on the Order Paper in respect of any particular head
have been disposed of the Speaker shall again propose the question "That the sum of $.......... for head…….. stand
part of the schedule", or shall propose the amended question "That the (increased) (reduced) sum of $....... for head……..
stand part of the schedule", as the case may require. The debate on any such question shall be subject to the same limitations
as apply to a debate arising under paragraph (3) of order 62.
66. THIRD
READING OF APPROPRIATION BILL
The motion for third reading of the Appropriation Bill shall be decided without
amendment or debate.
67. SUPPLEMENTARY
APPROPRIATION BILLS
If from time to time, whether in the course of a particular financial year or
after its close, a Supplementary Appropriation Bill for the purposes of section 102 of the Constitution is presented, the
Bill, after the motion for the second reading has been proposed, shall stand committed to the Committee of Supply and the
provisions of orders 64, 65 and 66 shall apply in the same manner as to an Appropriation Bill.
PART N
SELECT AND SPECIAL COMMITTEES
68. APPOINTMENT, NOMINATION AND FUNCTIONS OF SELECT COMMITTEES
(1) Parliament may appoint, under Standing Orders or by an Order specially made,
one or more Select Committees to consider matters or Bills which Parliament may refer to the committee.
(2) A Select Committee appointed under Standing Orders shall be termed a "Standing
Select Committee".
(3) A Select Committee appointed under an Order specially made shall be termed
a "Special Select Committee".
(4) The Speaker shall decide the size of every Select Committee and shall nominate
the chairman and members thereof.
(5) A Standing Select Committee may from time to time report to Parliament concerning
the matters referred to it and shall not be dissolved save in accordance with paragraph (7) of this order.
(6) A Special Select Committee shall, as soon as it has completed considering
the matter or Bill referred to it, report to Parliament thereon and the committee shall thereupon be dissolved. If the committee
is of the opinion that it will not be able to complete consideration of the matter or Bill before the day appointed for the
dissolution of Parliament in accordance with section 73 of the Constitution it shall so report to Parliament.
(7) Upon the dissolution of Parliament every Select and Special Committee of
Parliament shall be dissolved.
69. PUBLIC
ACCOUNTS COMMITTEE
LN 23/1995
(1) There shall be a Standing Select Committee designated the Public Accounts
Committee whose functions shall be -
(a) to examine the accounts prescribed by section 38 of the Public Finance
and Audit Act, together with the report of the Auditor-General thereon, and to report the results of such examination to Parliament;
(b) to establish the causes of any excesses over authorised expenditure and to
make recommendations to Parliament on any appropriate measures to cater for such excesses of expenditure;
(c) to examine such other accounts laid before Parliament as the Committee
may think fit, together with any auditor's report thereon and to report the results of such examination to Parliament;
(d) to summon any public officer to give information on any explanation, or to
produce any records or documents which the Committee may require in the performance of its duties;
(e) to consider in detail the Draft Estimates prepared by the Government
in support of the Annual Appropriation Bill;
(f) to summon and examine the Accounting Officers and Technical staff of
Ministries and Departments and require the production of background information and explanation in relation to draft estimates;
(g) to report to Parliament in such a way that the report may inform Members prior
to the Parliamentary debate thereon of the background to the Draft Estimates and draw attention to those matters which the
Committee feels should be the subject for such Parliamentary debate; and
(h) to make such recommendations as the Committee sees fit and subsequently receive
comments and reports on such recommendations from the Government.
(2) The Auditor-General or his nominee shall be the Secretary to the Committee
and shall make available to the Committee the services of his staff and other facilities of his office.
70. PARLIAMENTARY
HOUSE COMMITTEE
LN 23/1995
(1) There shall be a Standing Select Committee designated the Parliamentary
House Committee whose functions shall be -
(a) to consider and advise appropriate authorities on such matters that are
connected with Members' terms and conditions of service;
(b) to oversee and supervise matters connected with the management and administration
of the facilities and property of Parliament which are not provided for in any other specific rules or regulations;
(c) to consider, decide on and advise Parliament on all matters that are
connected with Parliamentary business for its meetings and sittings;
(d) to examine and make recommendations on any matters which are connected with
the provisions of sections 62 and 69 of the Constitution;
(e) to make rules and guidelines governing the Members' use of Parliament
facilities;
(f) to report regularly to Parliament of any action taken pursuant to these
Orders.
71. BILLS
AND LEGISLATION COMMITTEE
LN 23/1995
There shall be a Standing Select Committee designated the Bills and Legislation
Committee whose functions, in addition to the provisions of orders 50 and 55, shall be to -
(a) examine such matters as may be referred to it by Parliament or the Government;
(b) review all draft legislation prepared for introduction into Parliament;
(c) examine all subsidiary legislation made under any Act so as to ensure
compliance with the Acts under which they are made;
(d) monitor all motions adopted by Parliament which require legislative action;
(e) review current or proposed legislative measures to the extent it deems
necessary;
(f) examine such other matters in relation to legislation that, in the opinion
of the Committee, require examination; and
(g) make a written report to each meeting of Parliament containing the observations
and recommendations arising from the Committee's deliberations.
71A. CONSTITUTION REVIEW
COMMITTEE
LN 23/1995
There shall be a Standing Select Committee designated the Constitution Review
Committee whose functions shall be -
(a) to review the Constitution regularly and advise the Government on any
changes as the Committee may deem necessary;
(b) to examine any proposed changes to the Constitution and request submissions
of views thereon from individuals or groups;
(c) to deal with and advise on any matters relating to the use, abuse or
misuse of constitutional powers, rights or responsibilities;
(d) to report to Parliament in accordance with order 72(11).
71B. FOREIGN RELATIONS
COMMITTEE
LN 23/1995
There shall be a Standing Select Committee designated the Foreign Relations Committee
whose functions shall be to examine and make its observations and recommendations on -
(a) the establishment of new diplomatic and consular relations and the severing
of existing ties;
(b) the accession to and signing and ratification of international treaties and
conventions;
(c) the appointment of Ambassadors and High Commissioners or other principal
representatives of Solomon Islands in any other country or accredited to any international organisations;
(d) the application of the Geneva Convention relating to diplomatic immunities
and privileges;
(e) the receiving of foreign assistance and the administration and management
thereof;
(f) the regulations, terms and conditions of service of employees of regional
bodies of which Solomon Islands is a member;
(g) the Government's conduct of its foreign policy.
72. PROCEDURE
OF SELECT COMMITTEES
(1) The deliberations of a Select Committee shall be confined to the matter
or matters referred or assigned to it by Parliament or by or under these Orders and in the case of a Select Committee on a
Bill its deliberations shall be confined to the Bill committed to it and relevant amendments.
(2) A Select Committee shall sit at the times determined by the Chairman
and may continue to sit although Parliament may be adjourned. The sittings of all Select Committees shall be held in private
unless the Committee otherwise orders.
(3) The quorum of a Select Committee shall be one-third of the members excluding
the Chairman, a fraction of the whole number being discarded.
(4) If the Chairman is unable to be present at a sitting the Committee shall
elect a member of the Committee to act as Chairman in his place for the period during which he is absent.
(5) The clerk to the Committee appointed under paragraph (7) of Order 6 shall
attend meetings of the Committee and shall keep the minutes of proceedings of the Committee.
(6) Divisions in a Select Committee shall be taken by the clerk to the Committee
who shall ask each member of the Committee separately how he wishes to vote and record the votes accordingly.
(7) Neither the Chairman nor any other member acting in his place shall vote,
unless the votes of other members are equally divided in which case he shall give a casting vote.
(8)(a) A member of a Select Committee
may bring a report for its consideration. When all the reports have been brought up the Chairman shall propose the reports
in order until one is accepted as a basis for discussion, beginning with his own report and proceeding with the remainder
in the order in which they were brought up. The question to be proposed by the Chairman on a report shall be "That the
Chairman's (or Mr….'s) report be read a second time paragraph by paragraph". When this question has been agreed
to, it shall not be proposed on further reports but portions thereof may be offered as amendments to the report under consideration,
if they are relevant to it.
(b) The Committee shall then go through the report paragraph by paragraph and the
provisions of order 52 shall apply as if the report were a Bill and the paragraphs were the clauses of the Bill.
(c) When consideration of the report paragraph by paragraph is concluded
and when all proposed new paragraphs have been considered the Chairman shall put the question that this report be the report
of the Committee to Parliament.
(9) A Select Committee may make a special report relating to the powers,
functions and proceedings of the Committee on matters which it thinks fit to bring to the notice of Parliament.
(10) The minutes of proceedings of the Committee shall record all proceedings on consideration
of a report or Bill in the Committee and on every amendment proposed to the report or Bill, with a note of divisions, if divisions
were taken in the Committee, showing the names of members voting in the divisions or declining to vote.
(11) A report or special report, with the minutes of proceedings of a Select Committee
and the minutes of evidence, if evidence was taken, shall be laid on the Table by the chairman of the committee in accordance
with order 17 -
Provided that, if a committee
has concluded its report at a time when Parliament is not meeting, that report shall be deemed for all purposes to have been
laid upon the Table if it is delivered to the office of the Clerk by the Chairman of the Committee; and the Clerk shall record
in the minutes of proceedings of the day on which Parliament next sits the date upon which the report was so delivered.
73. SPECIAL
COMMITTEES
(1) Parliament may, on the motion of any Member, appoint under this order
or by an order specially made, a Special Committee to consider a matter of public importance upon which Parliament wishes
the Government to initiate a Bill or take other legislative or administrative action.
(2) Such Special Committee shall comprise both members and persons who are
not Members but who have special knowledge of, or expertise related to, the matter to be considered by the committee.
(3) The members to serve on the committee shall be appointed by the Speaker;
those persons to serve on the committee who are not Members shall be appointed by the Speaker upon the nomination of the Minister
to whom the committee is required to report.
(4) The motion moving the appointment of a Special Committee shall specify
a Minister to whom the committee shall deliver its report. The Minister shall appoint a secretary to the committee.
(5) A Special Committee, before proceeding to any other business shall elect
a Chairman who shall be one of the Members appointed to the committee and who shall hold office during the life of the committee.
In the absence of the Chairman the committee shall elect any one of its members to temporarily act as Chairman.
(6) When a Special Committee has considered its proceedings it shall present
a report to the Minister specified in accordance with paragraph (4) of this order. As soon as Parliament meets after receiving
the report of the committee, the Minister shall lay the same on the Table together with his proposals as to the action which
he proposes to take thereon.
(7) Subject to the provisions of this order, proceedings of a Special Committee
shall be in accordance with order 72.
74. PREMATURE
PUBLICATION OF EVIDENCE
The evidence taken before any Select or Special Committee and documents presented
to or a report prepared by such committee shall not be published by a member thereof or by any other person before such time
as the committee shall have presented its report to Parliament or the Minister has tabled the report as the case may be.
75. ATTENDANCE
AT COMMITTEES
(1) Members of Parliament nominated in accordance with order 68(4) to serve
on a Select Committee or Special Committee shall be entitled to remuneration or allowances for so attending only in accordance
with the provisions of the Parliamentary Financial Rules from time to time in force.
(2) The Speaker, who for this purpose may consult with the Chairman of the
Committee concerned, may, if any member fails without good reason to attend the meetings of any committee to which he has
been appointed, reprimand that member in respect of his failure to attend.
(3) If, after receiving two such reprimands, the member again fails without
good reason to attend the meetings of the committee, the Speaker may, after giving the member an opportunity to be heard,
order the Clerk to deduct from any salary or allowances of the member which may be due to the member by virtue of his membership
a sum of money, not exceeding ten dollars in respect of each meeting which the member has failed to attend and to pay such
moneys into the Consolidated Fund.
PART O
MISCELLANEOUS MATTERS
76. ELECTION
OF GOVERNOR-GENERAL
If Parliament shall consider that it be necessary to hold an election before
making an address to the Head of State in accordance with section 27 of the Constitution, such election shall be carried out
in the manner prescribed by order 5, save only that nomination papers shall be issued to Members not less than three clear
days before the date fixed for the election.
77. EMPLOYMENT
OF MEMBERS IN PROFESSIONAL CAPACITY
No Member shall appear before Parliament or a committee thereof as a legal practitioner
acting for or on behalf of any person or otherwise in a capacity for which he is to receive a fee or award.
78. DECLARATION
AND DISCLOSURE OF PERSONAL INTEREST
(1) Every Member shall, not later than the day before he makes his oath of
allegiance pursuant to section 63 of the Constitution, submit to the Speaker a written declaration of all shares and interests
he may have in any company or business undertaking that has any contract with the Government and of any office of director
or manager he may hold in any company or business undertaking (whether or not it has a contract with the Government) and thereafter,
upon his acquisition of any such share or interest or appointment to such office, he shall make such a declaration before
the next sitting of Parliament he attends following upon the acquisition of that share or interest or appointment to that
office.
(2) The Speaker shall maintain a record of all declarations made under paragraph
(1) of this order and shall not disclose any of the contents of the same except upon a motion to that effect passed by Parliament,
a request made pursuant to any Act of Parliament, or where he considers it fit and proper to do so.
(3) A Member shall not move any motion or amendment relating to a matter
in which he has a direct personal pecuniary interest or speak or vote on any such matter, whether in Parliament or in any
committee, without disclosing the nature of that interest.
(4) A motion to disallow a Member's vote on the ground of non-disclosure
of his personal pecuniary interest may be moved without notice by any Member immediately upon the statement of the numbers
voting in a division by the Speaker, but not otherwise.
(5) The Speaker shall have discretion whether or not to propose the question
upon such a motion; and in exercising such discretion he shall have regard to the nature of the question upon which the vote
was taken and to the consideration whether the interest therein of the Member whose vote is challenged is direct and pecuniary
and not an interest in common with the rest of the inhabitants of Solomon Islands or whether his vote was given on a matter
of state policy.
(6) If the question for the disallowance of a Member's vote is proposed,
the Member concerned may be heard in his place but he shall then withdraw from Parliament or committee for the duration of
the debate and any vote on the question.
(7) If a motion for the disallowance of a Member's vote is carried the Speaker
shall direct the Clerk to alter the numbers voting in the original division accordingly.
79. ADMISSION
OF PRESS AND PUBLIC
Subject to such Rules as may be made from time to time by the Speaker, members
of the public and of the press shall be admitted as spectators of sittings of Parliament. The Sergeant-at-Arms shall ensure
that any such Rules are complied with.
80. WITHDRAWAL
OF STRANGERS
(1) A Member may without notice at any time during a sitting of Parliament
or a committee rise and move that strangers do withdraw, specifying whether the withdrawal is to be for the remainder of that
day's sitting or during the consideration of certain business. The Speaker shall forthwith put the question on such motion
and Parliament or the committee shall dispose of it before proceeding further with the business which was before it when the
motion was moved.
(2) The Speaker may at any time order strangers to withdraw and the doors
of the House to be closed.
(3) When an order has been made by Parliament or committee, or by the Speaker
for the withdrawal of strangers, members of the public and of the press shall forthwith withdraw from the House and the Clerk
and the Sergeant-at-Arms shall ensure that the order is complied with.
81. SUSPENSION
OF STANDING ORDERS
A motion which has the object or effect of suspending a Standing Order shall
not be moved except after notice or with the consent of the Speaker.
82. PROCEDURE
IN CASE OF DOUBT
Where any matter arises which is not provided for in these Orders or the resolution
of any other matter causes doubt, the usage and practice of the Commons House of Parliament of Great Britain and Northern
Ireland shall be followed as far as it is not inconsistent with the Orders or with the practice of Parliament but no restriction
which the House of Commons has introduced by standing order shall extend to Parliament or its Members until Parliament has
provided by standing order for a similar restriction.
________________________________________________________
Passed by the Resolution of Parliament on
9th August 1982.
Dated at Honiara this fifteenth day of October,
1982.
SPEAKER