![]() |
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Bermuda Consolidated Legislation |
[Database Search] [Name Search] [Noteup] [Help]
BERMUDA STATUTORY
INSTRUMENT
RULES OF THE HOUSE
OF ASSEMBLY
[made under section 45 of the Constitution]
ARRANGEMENT OF
RULES
1 Oath of Allegiance
2 Election of speaker
3 Election of Deputy Speaker
4 Presiding in the House and in Committee
5 Sittings of the House
6 Language
7 Quorum
8 Order of business
9 Petitions
10 Papers
11 Questions
12 Personal explanations by Members
13 Adjournment of the House
14 Motions
15 Dispensing with notice
16 Manner of giving notices
17 Relevancy of amendments
18 Seconders of motions and amendments to Bills
19 Amendments
20 Withdrawal of motions and amendments
21 Time and manner of speaking and contents of
speeches
22 Right of reply
23 Interruptions
24 Behaviour of Members not speaking
25 Scope of debate
26 Dilatory motions
27 Closure of debate
28 Anticipation
29 Responsibility of order
30 Order in the House
31 Voting
32 Introducing and first reading of Bill
33 Printing and circulation of Bills
34 Second reading of Bills
35 Committal of Bills
36 Instructions to Committees
37 Committee reporting progress
38 Functions of Committees on Bills
39 Procedure in Committee of the whole House on
Bills
40 Recommittal of Bills reported from Committee
of the whole House
41 Reports of Committee of the whole House
42 Third reading of Bills originating in the
House
43 Bills received from the Senate
44 Further proceedings upon Bills
45 Temporary laws
46 Withdrawal of Bills
47 Bills containing substantially the same
provisions
48 Private Bills
49 Private Bills Committee
50 Public Accounts Committee
50A Committee on the Office of the Auditor
50B Committee on a Register of Members' Interests
51 Sessional Select Committees
52 Other Select Committees
53 Joint Select Committees
54 Procedure of Select Com mittees
55 Estimates of Expenditure
56 Committee of Supply
57 Amendment to Heads of Estimates in Committee
of Supply
58 Appropriation Bill
59 Supplementary Estimates
60 Supplementary Appropriation Bills
61 Method of circulation
62 Delivery of communica tions
63 Rules in cases not provided for
64 Recall of House by Speaker
65 Suspension of Rules
66 Procedural irregularities
67 Privilege
68 Strangers
69 Press
1 OATH OF ALLEGIANCE
1 Except for the purpose of electing a
Speaker after a General Election, no Member of the House shall be permitted to
take part in
the proceedings of the House until he has made and subscribed the
oath or affirmation of allegiance in the form set out in the Schedule
to the
Con stitution of Bermuda.
2 ELECTION OF SPEAKER
2 (1) At
the first meeting of the House immediately after a Gen eral Election and before
the House proceeds to despatch any other busi
ness, or whenever it is necessary
for the House to elect a Speaker by rea son of a vacancy occurring otherwise,
the Clerk shall
call upon the House to elect a Speaker,
(2) A Member, having first ascertained that the
Member to be proposed is willing to serve if elected, may, rising in his place
and ad
dressing the Clerk, propose that any other member (not being a Minister
or a Parliamentary Secretary) do take the Chair of the House
as Speaker. The
proposal shall require to be seconded, and, except as provided in paragraph (4)
of this rule, no debate shall be
allowed thereon.
(3) If only one Member is so proposed, he shall
be declared by the Clerk to have been elected.
(4) If more than one Member is so proposed, the
Clerk shall, after nominations have closed, conduct the debate (if any) on the
ques
tion that the first Member proposed do take the Chair of the House as
Speaker. After conducting and debate which may then arise,
the Clerk shall put
the question to the House.
(5) If a majority of the Members present is not
in favour of the Member first proposed, the Clerk shall successively put the
question
in respect of the other Members proposed in the order in which they
were proposed until one of them shall receive the affirmative
vote of a
majority of the Members present.
3 ELECTION OF DEPUTY SPEAKER
3 The election of the Deputy Speaker
shall be conducted in a sim ilar manner to the election of the Speaker save
that the Speaker
shall preside.
4 PRESIDING IN THE
HOUSE AND IN COMMITTEE
4 (1) The
Speaker or, in his absence, the Deputy Speaker or. if they are both absent, a
Member (not being a Minister or a Parliamentary
Secretary) elected by the House
for the sitting shall preside at each sit ting of the House and shall either
act as Chairman of
Committees of the whole House or ask some other Member
present (not being a Minister or a Parliamentary Secretary) to take the Chair
without formal communica tion to the House.
(2) The Speaker or, in his absence, the Deputy
Speaker or, in the absence of them both the Member who is elected to preside or
the Member
selected to take the Chair pursuant to the last preceding para graph
may at any time ask any other Member present (not being a Min
ister or a
Parliamentary Secretary) to take the Chair of the House or the House in
Committee of the whole House (as the case may
be) temporarily without formal
communication to the House.
(3) Save as otherwise provided in these Rules, the
Deputy Speaker or other Member presiding shall have all the authority of the
Speaker
when presiding or otherwise performing the function of the Speaker or
taking the Chair in Committee of the whole House and any references
to the
Speaker in the subsequent provisions of these Rules shall, unless the context
otherwise requires, be deemed to include a
ref erence to the Deputy Speaker or
other Member presiding in accordance with this rule.
(4) The Speaker in the House and the Chairman in
Committee shall have power to regulate the conduct of business in all matters
not provided
for in these Rules.
5 SITTINGS OF THE HOUSE
5 (1) The
first sitting of every Session shall be on such day and at such hour as the
Governor shall appoint.
(2) The ordinary sitting day of the House when
the Legislature is in session shall be every Friday during the year, but the
House may
adjourn over any Friday or any number of consecutive Fridays or sit
on any other day.
(3) The ordinary time for the meeting of the
House shall be at 10 o'clock a.m. and at that hour the Speaker shall make his
formal entry
and the House shall proceed to business.
(4) On motion that the House, or the House in
Committee, do now adjourn for lunch, the Speaker or the Chairman, as the case
may be,
shall forthwith put the question without permitting any debate or
amendment.
(5) Where the House adjourns for lunch the
Speaker or, if the House is in Committee, the Chairman shall order a time on
the same day
for the resumption of business, which shall not be earlier than
one hour and fifteen minutes after the time of adjournment, and
at such time
the Speaker or the Chairman, as the case may be, shall take the Chair and
business shall resume without further formality.
(6) When the House adjourns on any day it shall,
unless oth erwise ordered, stand adjourned to the next ordinary siting day:
Provided that this
paragraph shall not apply where the House adjourns for lunch.
6 LANGUAGE
6 The proceedings and debates of the
House shall be in the En glish language.
7 QUORUM
7 (1) A
quorum shall consist of the Speaker, or in Committee, the Chairman, and
fourteen other Members.
(2) If at any time any Member draws the
attention of the Speaker or, in Committee the Chairman, to the absence of a
quorum, the Speaker
or the Chairman, as the case may be, shall cause the bell
to be rung and business shall thereupon be suspended until such time as
a
quorum is present, and in the event that a quorum is not present within five
minutes after the ringing of the bell, the Speaker
shall proceed as follows:
(a) if the Speaker be in the Chair, he shall
adjourn the House without question put until the next sitting day;
(b) if the House be in committee of the whole
House, the Chairman shall leave the Chair and report the absence of a quorum to
the Speaker
who shall thereupon adjourn the House without question put until
the next sitting day.
(3) If attention is down to the absence of a
quorum before con sideration of the orders of the day, the Speaker shall before
taking
the action prescribed in paragraph (2) suspend the sitting for fifteen
min utes.
8 ORDER OF BUSINESS
8 (1) Unless
the House otherwise directs, the business of each sitting day shall be
transacted in the following order:
(a) Formal entry of the Speaker, or in his absence,
the Deputy Speaker.
(b) in the absence of both the Speaker and the
Deputy Speaker, election of a Member to preside.
(c) Prayers.
(d) Oath or affirmation of new Member.
(e) Confirmation of Minutes.
(f) Announcements by the Speaker or Member
presiding.
(g) Messages from the Governor.
(h) Messages from the Senate.
(i) Papers and other communications to the House.
(j) Petitions.
(k) Statements by Ministers and Parliamentary
Secretaries.
(l) Reports of Committees.
(m) Congratulatory and/or obituary speeches.
(n) Personal explanations.
(o) Oral replies to questions.
(p) Matters of privilege.
(q) Notice of motions for the adjournment of the
House on matters of urgent public importance.
(r) Introduction of Bills.
(i) Government Bills.
(ii) Opposition Bills.
(iii) Private Members' Bills.
(s) Notices of Motions.
(t) Orders
of the Day :
(a) Orders other than Private Bills and
Petitions
(i) Government
Business (Bills and Mo tions);
(ii) Opposition
Business (Bills and Motions);
(iii) Private
Members' Business (Bills and Motions);
(b) Private Bills and Petitions.
(2) An Order Paper shall be prepared by the
Clerk for each sit ting day showing the business to be placed before the House
in the order
in which it is to be taken.
(3) Government business shall be set down on the
Order Paper in such order as the Government shall in writing direct the Clerk.
(4) Opposition business shall be set down on the
Order Paper in such order as the Opposition leader shall in writing direct the
Clerk.
(5) A Government Bill or motion is a Public Bill
or motion in troduced or moved by or on behalf of a Minister.
(6) An Opposition Bill or motion is a Public
Bill or motion in troduced or moved by or on behalf of the Opposition Leader.
(7) A Private Member's Bill is a Public Bill or
motion not intro duced or moved by or on behalf of a Minister or the Opposition
Leader.
(8) Notwithstanding the provisions of paragraph
(1) of this Rule
(a) Whenever any message shall be received from the
Gov ernor or the Senate, such message shall be read from the Chair as soon as
the
business or order (if any) under consideration at the time of the receipt
of such message shall be disposed of;
(b) A motion that the House at its rising do
adjourn to some future time or day other than the next regular ordinary sitting
time and
day may be made by a Minister at any time when the House is not
actually engaged on any other business.
(9) Prayers, (with responses by Members) in a
form approved by the Speaker, shall be read by the Speaker or by the Clerk as
the Speaker
may direct.
(10) No Member shall speak for more than three
minutes in making a congratulatory or obituary speech.
9 PETITIONS
9 (1) A
Petition may only be presented to the House by a Mem ber.
(2) A Member presenting a Petition shall confine
himself to a brief statement of the parties from whom it comes, the number of
signa
tures attached to it and a summary of the material allegations contained
in it, and to reading the prayer of the Petition.
(3) In the case of a Petition complaining of
some personal grievance for which there may be an urgent necessity for
providing an immediate
remedy, the matter contained in the Petition may be
brought into discussion on a motion following the presentation thereof.
(4) All other Petitions shall subject to rule
48(5) be ordered, without question put, to lie upon the Table.
(5) No Member may present to the House a
Petition of which he is a signatory.
(6) No Petition shall be presented to the House
unless it shall have been endorsed by the Clerk as being in accordance with the
follow
ing rules:
(a) every Petition shall be properly addressed to
the House, shall be respectful, decorous and temperate in its lan guage, and
shall
conclude with a prayer setting forth the general object of the Petition;
(b) every Petition shall be written, typewritten,
printed or lithographed and signed on the last sheet;
(c) every Petition shall be in the English
language, or be ac companied by an English translation certified to be cor rect
to the best
of his knowledge and belief by the Mem ber presenting it.
(7) (a) A
signatory of a Petition shall not be taken into account unless
1 If a natural person, he writes his personal sig nature or
makes his mark (such mark being authenticated), and such signature or mark
is
followed by his name (in block capitals) and his address; or
2 if a corporation, its common seal is affixed and duly
authenticated.
(b) No signature or mark which is pasted or
otherwise at tached to the Petition shall be taken into account.
(8) No Petition shall be received which requests
that provision be made for imposing or increasing any tax, for imposing or
increasing
any charge on the revenue or other funds of the Colony, or for com pounding
or remitting any debt due to the Colony:
Provided that Petitions
may be presented for legislation for any such purposes.
10 PAPERS
10 (1) Every
paper shall be presented by a Minister or by a Par liamentary Secretary and its
presentation shall be entered upon the Minutes.
(2) A Minister or a Parliamentary Secretary
presenting a paper may make a short
explanatory statement of its contents.
(3) All papers shall be ordered to lie upon the
Table without question put, and shall be printed, unless the House on motion
(the question
on which shall be put without amendment or debate) decides
otherwise.
11 QUESTIONS
11 (1) Questions
may be put to Ministers relating to public affairs for which they are
responsible.
(2) Questions addressed to a Minister may be
answered by an other Minister or by a Parliamentary Secretary.
(3) Notice of a question (which shall not be given
viva voce) shall be in writing and signed by a Member and shall be received by
the
Clerk by 12 noon not less than nine clear days before the day, (which shall
be specified in the notice) on which the answer is required.
(4) A Member who desires an oral answer to his
question shall mark it with an asterisk. if a Member does not so mark his
question with
an asterisk, or if he is not present in the House to ask it, or
has not re quested another Member to ask it, the Minister to whom
it is
addressed shall cause a written answer to be supplied to the Clerk who shall
cause it to be incorporated in the Minutes.
(5) Every question shall conform to the
following rules:
(a) a question shall not include the names of
persons or statements not strictly necessary to render the question
intelligible;
(b) a question shall not contain statements which
the Mem ber who asks the question is not prepared to substanti ate;
(c) a question shall not contain arguments,
inferences, opinions, imputations, epithets, or tendentious, ironical or
offensive expressions;
(d) a question shall not refer to debates or
answers to ques tions in the current Session;
(e) a question shall not refer to proceedings in a
Committee which have not been reported to the House;
(f) a question shall not seek information about
any matter which is of its nature secret;
(g) a question shall not reflect on the decision of
a court of law or be so drafted as to be likely to prejudice a matter which is sub judice;
(h) a question shall not be asked for the purpose of
obtain ing an expression of opinion, the solution of an abstract legal case or
the answer to a hypothetical proposition;
(i) a question shall not be asked as to whether
statements in the press or of private individuals or unofficial bodies are
accurate;
(j) a question shall not be asked as to the
character or con duct of any person except in his official or public capac ity;
(k) a question shall not be asked seeking for
information set forth in accessible documents or ordinary works of refer ence;
(l) a question shall not be asked
(a) which raises an issue already decided in
the House, or which has been answered fully during the current session, to
which an answer
has been refused, or
(b) which deals with matters referred to a
Commis sion of inquiry or within the jurisdiction of the Chairman of a Select
Committee.
(6) A question shall not be made the pretext for
a debate.
(7) If the Speaker is of opinion that any
question of which a Member has sought to ask infringes any of the paragraphs of
this rule
he may direct
(a) that it be printed or asked with such
alterations as he may direct; or
(b) that the Member concerned be informed that the
ques tion is out of order.
(8) The number of questions for oral answer on
any one sitting day which may be asked by any Member shall be limited to three.
(9) Supplementary questions may be put by any
Member for the purpose of elucidating an oral answer, but the Speaker may
refuse any such
question.
(10) Questions which have not received an oral
answer within one hour after the House shall have commenced sitting shall be an swered
in writing and a copy of such written answer shall be supplied to the Clerk who
shall cause it to be incorporated in the Minutes.
12 PERSONAL EXPLANATIONS BY MEMBERS
12 With prior leave of the Speaker, any
Member may make a per sonal explanation although there is no question before
the House. Such
explanation may not be debated and no controversial matter may
be in cluded in an explanation.
13 ADJOURNMENT OF THE HOUSE
13 (1) The
House shall not be adjourned except in pursuance of a resolution or by the
Speaker in pursuance of rule 7(2) or rule 30(8):
Provided that when a
substantive motion for the adjournment of the House has been made by a Minister
no Member shall be entitled
to speak thereon for more than twenty minutes.
(2) A Minister may move "That the House do
now adjourn" at any time after the conclusion of Questions at any sitting,
but
any other Member may only move such a motion under the provisions of
paragraph (3) of this rule.
(3) Any Member other than a Minister may at the
time ap pointed under rule 8 rise in his place and ask for leave to move the ad journment
of the House for the purpose of discussing a definite matter of public
importance.
(4) Before commencement of the sitting the
matter for discus sion under a motion intended to be made pursuant to paragraph
(3) of this
rule shall be reduced into writing and handed to the Speaker. The
Speaker shall refuse to permit the Member to ask for leave to
move the motion
unless he is satisfied that the matter is of definite and urgent public
importance requiring urgent debate.
(5) If the Speaker is so satisfied the motion
shall stand over until 11.30 a.m. or until the Orders of the Day have been
disposed of
(whichever shall be sooner) on the same day, or until such earlier
time as the Speaker may order and at that time any proceedings
on which the
House is engaged shall be postponed until the motion has been disposed of.
(6) Not more than one motion for the adjournment
of the House under paragraph (3) of this rule shall be allowed in any one
sitting day.
(7) The debate on any motion for the adjournment
of the House under paragraph (3) of this rule shall be confined to the matter
raised
by the Member making the motion.
14 MOTIONS
14 (1) Unless
these Rules otherwise direct, notice shall be given of any motion which it is
proposed to move with the exception of the
fol lowing:
(a) a motion that the House resolve itself into
committee;
(b) a motion for the adjournment of the House or of
any de bate;
(c) a motion for leave to introduce and read for
the first time a Bill by its title;
(d) a motion made in Committee of the whole House;
(e) a motion allocating time for the consideration
of any or der of the day;
(f) a motion for the withdrawal of strangers;
(g) a motion for the suspension of a Member;
(h) a motion for the withdrawal of a Bill;
(i) a motion relating to a matter of privilege;
(j) a motion in respect of which notice has been
dispensed with under rule 15;
(k) a motion for the suspension of a rule put with
leave of the Speaker;
(l) a motion for the amendment of a motion made in
the House.
(2) Any motion made for the House to resolve
itself into a Committee of the whole House shall not be debated but shall be
voted upon
forthwith on the question being put by the Chair.
15 DISPENSING WITH NOTICE
15 Notice shall not be dispensed with in
the case of a motion or in respect of any other proceeding for which notice is
required except
with the leave of the House.
16 MANNER OF GIVING NOTICES
16 (1) Every
Member in giving notice of a motion shall do so by handing a written or typed
copy of such motion signed by himself to the
Clerk during a sitting of the
House or, when the House is not sitting, during office hours, or shall forward
the same to the Clerk
by prepaid registered post.
(2) Unless otherwise provided in these Rules, no
motion shall be moved on the day on which notice thereof is received by the
Clerk ex
cept by leave of the House.
(3) A Member may amend a notice of motion
standing in his name if such amendment does not, in the opinion of the Speaker
materi ally
alter any principle embodied in the motion, and any such amend ment
shall be deemed to have been made at the time the original notice
of motion was
given.
(4) Motions or amendments to Bills sent to the
Clerk shall be printed and circulated by him.
17 RELEVANCY OF AMENDMENTS
17 (1) When
any motion or Bill is under consideration in the House or a Committee thereof,
an amendment may be proposed to such motion
or Bill without notice if it is
relevant to the question or matter then under discussion:
Provided that no
amendment may be made in the first part of a question, after the latter part
has been amended, or has been proposed
to be amended, if a question has been
proposed from the Chair upon such amendment.
(2) An amendment may be proposed to any
amendment if it is relevant thereto,
18 SECONDERS OF MOTIONS AND
AMENDMENTS TO BILLS
18 Save as provided in rules 2 and 3 no
motion or amendment shall require to be seconded before the question thereon is
proposed from
the Chair.
19 AMENDMENTS
19 When an amendment has been moved, the
question put thereon shall be, "that the amendment be made," except
that, when the
question is that a Bill be now read the second time or the third
time and an amendment has been moved to leave out the word "now",
the
question put shall be, "that the word "now" stand part of the
question."
20 WITHDRAWAL OF MOTIONS AND
AMENDMENTS
20 (1) A
motion or amendment to a Bill may be withdrawn, at the request of the mover, by
leave of the House or Committee before the question
is fully put thereon,
provided that there is no dissentient voice. A motion or an amendment to a Bill
so withdrawn may be proposed
again provided that, in the case of a motion,
notice as required by these Rules is given.
(2) If the question has been proposed on an
amendment to a motion or to an amendment to a Bill, the original motion or
amendment to
a Bill may not be withdrawn until the amendment thereto has been
disposed of.
(3) If an interval of three calendar months has
elapsed after notice of a motion has been given without further action having
been taken
on the motion, the notice shall be deemed to have been withdrawn
unless the House otherwise orders.
21 TIME AND MANNER OF SPEAKING AND
CONTENTS OF SPEECHES
21 (1) A
Member desiring to speak shall rise in his place and if called upon shall
address the Chair.
(2) If two or more Members rise at the same
time, the Chair shall call upon the Member who first catches his eye.
(3) Except for the statement in support of the
Estimates of Rev enue and Expenditure, the Statement in reply thereto and any
statement
under rule 8(1)(k), a Member shall not read his speech, but he may,
with consent of the Speaker or, in Committee, the Chairman,
read extracts from
books, papers, including newspapers, in support of his argument or may refresh
his memory from notes.
(4) A Member shall confine his observations to
the subject un der discussion, and may not introduce matter irrelevant thereto.
(5) Reference shall not be made to any matter
which is sub ju dice.
(6) It shall be out of order to reflect on any
vote of the House or attempt to reconsider any specific question upon which the
House
has come to a conclusion during the current Session except upon a substan tive
motion for rescission.
(7) It shall be out of order to use offensive
and insulting lan guage about Members of the House or to use language which is
in bad
taste or which tends to bring the House into disrepute.
(8) No Member shall refer to any other Member by
name only.
(9) No Member shall impute improper motives to
another Mem ber.
(10) Her Majesty's or the Governor's name shall not
be used to influence the House.
(11) The conduct of Her Majesty, Members of the
Royal Family, the Governor, Members of either House of the Legislature, Judges,
and the
performance of judicial functions by other persons shall not be re ferred
to except upon a substantive motion.
(12) No Member shall allude to any debate of the
Senate.
(13) No Member shall allude to any debate of the same
Session upon a question or Bill not being then under discussion, except by in dulgence
of the House, for personal explanation.
(14) No Member shall speak more than once to any
question ex cept
(a) in Committee;
(b) in explanation as provided in paragraph (15) of
this rule;
(c) to a point of order;
(d) in the case of the mover of a substantive
motion of the House, in reply; or
(e) under rule 22 (2).
(15) A Member who has spoken to a question may
again be heard to offer explanation of some material part of his speech which
has been
misunderstood; but he shall not introduce new matter.
22 RIGHT OF REPLY
22 (1) The
mover of a substantive motion in the House (other than the mover of an amending
motion) may reply after all the other Members
present have had an opportunity
of addressing the House and before the question is put, and after such reply no
other Member may
speak except as provided in paragraph (2) of this rule.
(2) A Minister, with the consent of the Speaker,
may conclude a debate on any motion which is critical of the Government, or
reflects
ad versely on, or is calculated to bring discredit upon, the
Government or a public officer.
23 INTERRUPTIONS
23 (1) No
Member shall interrupt another Member except
(a) by rising to a point of order, whereupon the
Member speaking shall resume his seat and the Member inter rupting shall simply
direct
attention to the point which he desires to bring to notice and submit it
to the Speaker or Chairman for decision; or
(b) to elucidate some matter raised by that Member
in the course of his speech, provided that the Member speaking is willing to
give
way and resumes his seat and that the Member wishing to interrupt is
called by the Chair.
(2) A
point of order shall at the request of any Member be put in writing by the
Member raising it.
24 BEHAVIOUR OF MEMBERS
NOT SPEAKING
24 During a sitting
(a) all Members shall enter or leave the House with
deco rum;
(b) no Member shall pass between the Chair and any
Mem ber who is speaking;
(c) Members shall not read newspapers, books,
letters or other documents, except such matters therein as may be directly
connected with
the business under debate;
(d) while a Member is speaking, all other Members
shall be silent or shall confer only in undertones, and shall not make unseemly
interruptions.
25 SCOPE OF DEBATE
25 (1) Debate
upon any motion, Bill or amendment thereto shall be relevant to such motion,
Bill or amendment, except in the case of a motion
for the adjournment of the
House.
(2) When an amendment is proposed to leave out
words and to add or insert other words instead of them, debate upon the first
question
proposed on the amendment may be relevant both to the words proposed
to be left out and to those proposed to be added or inserted.
(3) On an amendment proposing only to leave out
words or to add or insert words, debate shall be confined to the omission,
addition
or insertion of such words respectively.
26 DILATORY MOTIONS
26 (1) A
dilatory motion is a motion made for the adjournment of a debate or of the
House during any debate or, in Committee, that the
Chairman do now report
progress and ask leave to sit again or do leave the Chair.
(2) The debate upon such a motion shall be
confined to the matter of the motion; and a Member who has made such a motion
shall not be
entitled to move any similar motion during the same debate.
27 CLOSURE OF DEBATE
27 (1) After
a question has been proposed, a Member rising in his place may claim to move
"That the question be now put"; and
unless it appears to the Chair
that such motion is an abuse of the Rules of the House, or an infringement of
the right of a minority,
the question "That the question be now put"
shall be put forthwith, and decided without amendment or debate notwithstanding
that the mover has had no op portunity to make his reply.
(2) When the motion "That the question be
now put" has been carried, and the question consequent thereon has been
decided,
any further motion may be made (if the assent of the Chair has not
been withheld) which may be requisite to bring to a decision
any question al ready
proposed from the Chair.
(3) Such questions shall be put forthwith, and
decided without amendment or debate.
28 ANTICIPATION
28 (1) It
shall be out of order to anticipate an order of the day by a discussion on a
motion or amendment dealing with the subject matter
of a Bill or other order of
the day prior to the consideration of that order.
(2) It shall be out of order to anticipate an
order of the day or a notice of motion or a reply to a question by discussion
upon (a)
an amendment or (b) a motion for the adjournment of the House.
(3) In determining whether a discussion is out
of order on the grounds of anticipation, regard shall be had by the Chair to
the proba
bility of the matter anticipated being brought before the House within
a reasonable time.
29 RESPONSIBILITY OF ORDER
29 (1) The
Speaker in the House and the Chairman in Committee shall be responsible for the
observance of the rules of order in the House
and Committee respectively, and
their decision upon any point of order shall not be open to appeal and shall
not be reviewed by
the House ex cept upon a substantive motion made after
notice.
(2) When the Speaker or Chairman rises during a
debate any Member then speaking or wishing to speak shall immediately resume
his seat,
and the House, or the Committee, shall be silent.
30 ORDER IN THE HOUSE
30 (1) The
Speaker or Chairman, after having called the attention of the House or of the
Committee to the conduct of a Member who per-
sists in irrelevance or tedious repetition either of his own arguments or of
the arguments used by any other Member or Members
in debate, may di rect him to
discontinue his speech.
(2) The Speaker or Chairman shall order Members
whose con duct is grossly disorderly to withdraw immediately from the House dur ing
the remainder of the day's sitting, and the Serjeant-at-Arms shall act on such
orders as he may receive from the Chair in pursuance
of this rule. But if, on
any occasion, the Speaker or Chairman deems that his powers under the previous
provisions of this rule
are inadequate, he may name such Member or Members, in
which event the procedure to be fol lowed is as prescribed in paragraphs
(3)
(4) (5) and (6) of this rule.
(3) Whenever a Member shall have been named by
the Speaker or Chairman, immediately after the commission of the offence of
disre garding
the authority of the Chair, or of persistently and wilfully ob structing
the business of the House by abusing the rules of the House,
or otherwise, such
naming shall be deemed to put the question that the of fending Member be
suspended from the service of the House.
If the offence has been
committed by such Member in the House the Speaker shall forthwith put the
question, no amendment, adjourn
ment or debate being allowed, "That [blank]
be suspended from the ser vice of the House".
If the offence has been
committed in Committee of the whole House the Chairman shall forthwith suspend
the proceedings of the Committee
and report the circumstances to the House,
whereupon the Speaker shall deal with the matter as if the offence had been
committed
in the House.
(4) Not more than one Member shall be named at
the same time, unless two or more Members, present together, have jointly disre garded
the authority of the Chair.
(5) If a Member is suspended under the
provisions of this rule, he shall be directed by the Speaker to withdraw. His
suspension shall
last for three sitting days on the first occasion, for six
sitting days on the second occasion, and on any subsequent occasion until
the
House shall resolve that the suspension of such Member do terminate.
(6) If a Member, or two or more Members acting
jointly, who have been suspended under this rule from the service of the House,
shall
refuse to obey the direction of the Speaker to withdraw, when severally
summoned under the Speaker's orders by the Serjeant-at-Arms
to obey such
direction, the Speaker shall call the attention of the House to the fact that
recourse to force is necessary in order
to compel obedience to his direction.
When the Member or Members named by him as having refused to obey his direction
have been
removed from the House, they shall thereupon without any further
question put be suspended from the service of the House during
the remainder of
the Session.
(7) Members who are ordered to withdraw under
paragraph (2) of this rule or who are suspended from the service of the House
under paragraphs
(3) to (6) of this rule, shall forthwith withdraw from the
precincts of the House and shall be excluded therefrom for the remainder
of the
sitting or for the period of their suspension as the case may be.
(8) In the case of grave disorder arising in the
House, the Speaker may, if he thinks necessary to do so, adjourn the House
without
question put or suspend the sitting for a time to be fixed by him. In
the case of grave disorder arising when the House is in Committee
of the whole
House the Chairman shall forthwith suspend the proceedings of the Committee and
report the circumstances to the House,
whereupon the Speaker shall proceed as
if the disorder had arisen in the House.
(9) Nothing in this rule shall be taken to
deprive the House of the power of proceedings against any Member according to
any Resolu
tion of the House.
31 VOTING
31 (1) All
questions proposed for decision in the House or in Committee shall be
determined by a majority of votes of the Members present
and voting but a
Member may abstain from voting by so declar ing to the Speaker or, when the
House is in Committee, to the Chairman.
(2) The Speaker or in Committee, the Chairman
shall not vote unless on any question the votes are equally divided, in which
case he
shall have and exercise a casting vote.
(3) No Member may speak to any question after
the same has been fully put from the Chair, A question is fully put when the
Chair has
taken the voices collectively both of the "Ayes" and the
"Noes".
(4) When the question is put from the Chair at
the conclusion of a debate, the voices shall be taken collectively
"Aye" or
"No".
(5) The
result shall be declared by the Speaker or the Chair man stating, "I think
the Ayes have it" or "I think the
Noes have it", as the case may
be, but any three Members may challenge the opinion of the Chair by standing in
their places
and claiming a division.
(6) No Member shall vote on any question in
which he has a di rect or pecuniary interest, peculiar to such Member as
distinguished from
the public at large, and if the right of any such Member to
vote shall be challenged by any other Member on this ground such Member
shall
not be entitled to vote if the Speaker shall determine that the Mem ber whose
right to vote is in question is disqualified
by this rule from voting. After a
vote on any question has been taken no Member may challenge, whether by
substantive motion or
otherwise the right of any other Member to vote on that
question.
(7) Where a division is claimed under paragraph
(5) of this rule the Speaker, or if the House is in Committee, the Chairman,
shall cause
a waning bell to be sounded and the division shall not take place
until two minutes thereafter. A division shall take place by Members
desiring
to vote in the affirmative passing to the right of the Speaker's chair and by
those desiring to vote in the negative passing
to the left of the Speaker's
chair, and every Member shall retain his position until the re sult of the
division is announced by
the Speaker or the Chairman.
(8) On any division the names of Members
respectively voting for and against the motion shall at the request of any
three Members be
entered in the Minutes.
(9) Names shall be taken by the Clerk asking
each Member separately how he desires to vote and recording the votes
accordingly.
(10) When a Member's name is called by the Clerk at
a taking of names, the Member shall answer either by voting for the
"Ayes"
or for the "Noes" or shall declare that he abstains
from voting.
(11) As soon as the Clerk has collected the votes,
the Chair shall state the numbers voting for the "Ayes" and for the
"Noes"
respectively and shall then declare the result of the division
or give his casting vote as the case may be.
(12) 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,
pro
vided that such request is made as soon as the Chair has announced the
number, and before the Chair has declared the result of the
division.
32 INTRODUCING AND FIRST READING OF
BILL
32 (1) Except
as provided in paragraph (5) of this rule and subject to the provisions of rule
48 in the case of a Private Bill, any Member
may move for leave to introduce
and read a Bill for the first time by its title, which motion shall be put
forthwith and decided
without amendment or debate.
(2) Every bill shall be read the first time
immediately after leave has been given,
(3) An interval of not less than four days shall
elapse between the first and second reading of a Bill, unless the House on
motion made
and question put agree to proceed with the Bill at any earlier
date, or forthwith,
(4) No motion for the second reading of a Bill
shall be made less than 48 hours after printed copies of such Bill have been
circulated
to Members.
(5) Except on the recommendation of the
Governor, signified by a Minister, the House and any Committee of the whole
House shall not
(a) proceed upon any Bill (including any amendment
to a Bill) that in the opinion of the Speaker or the Chairman, make provision
for
any of the following purposes:
(i) for the imposition of taxation or the
alteration of taxation otherwise than by reduction;
(ii) for the imposition of any charge upon
the Con solidated Fund or any other public fund of Bermuda or the alteration of
any such charge
otherwise than by reduction;
(iii) for the payment, issue or withdrawal from
the Consolidated Fund or any other public fund of Bermuda of any moneys not
charged thereon
or any increase in the amount of such payment is sue or
withdrawal; or
(iv) for the composition or remission of any
debt due to the Government; or
(b) proceed upon any motion (including any
amendment to a motion) the effect of which, in the opinion of the Speaker or
the Chairman,
would be to make provision for any of those purposes.
33 PRINTING AND CIRCULATING OF BILLS
33 (1) The
Clerk shall be responsible for the printing of Bills (other than Private Bills)
from the draft received from or on behalf of
the Minis ter or Member in charge.
(2) As soon as possible after the printing of a
Bill the Clerk
shall circulate a copy to every Member. Every Bill (other than a Private Bill)
shall be accompanied by a short explanatory statement
of its ob jects, and if
it involves expenditure, a financial memorandum indicating the estimated annual
recurrent cost and any
capital cost.
34 SECOND READING OF BILLS
34 (1) On
the order for the second reading of a Bill being called. a motion may be made
"That the Bill be now read the second time",
and a debate may arise
covering the principle and general merits of the Bill.
(2) On the second reading of a Bill, an
amendment may be pro posed to the question "That the Bill be now read the
second time",
to leave out the word "now" and to add at the end
of the question the words "upon this day six months", or an
amendment
may be moved to leave out all the words after the word "That" in
order to add words stating the ob ject and
motive on which the opposition to
the Bill is based, but such words must be strictly relevant to the principle of
the Bill and
not deal with its details.
(3) If on an amendment to a question that a Bill
be now read the second time or the third time it is decided that the word
"now"
stand part of the question, the Speaker shall forthwith declare
the Bill to be read the second or the third time as the case may
be.
35 COMMITTAL OF BILLS
35 When a Bill has been read the second
time it shall stand com mitted to a Committee of the whole House, unless the
House on motion
commits it to a Select Committee or unless these Rules
otherwise pro vide. A motion for committal to a Select Committee shall not
require no tice, must be made immediately after the Bill has been read the
second time, and may be proposed by any Member.
36 INSTRUCTIONS TO COMMITTEES
36 (1) Instructions
to Committees of the whole House may be in cluded in the motion for committal,
but shall not be moved by way of amendment.
(2) No instruction shall be moved to order a
Committee to make a provision, if it already has power to make such provision.
37 COMMITTEE REPORTING PROGRESS
37 If any Member before the conclusion of
proceedings on a Bill moves to report progress and such motion is carried, or
if the proceed
ings in a Committee of the whole House have not been finished at
the conclusion of a sitting, the Chairman shall leave the Chair
and report
progress to the House and shall ask leave to sit again.
38 FUNCTIONS OF COMMITTEES ON BILLS
38 (1) Any
Committee of the whole House to which a Bill is com mitted shall not discuss the
principle of the Bill, but only its details.
(2) Any such Committee shall have power to make
such amendments therein as it shall think fit, provided that the amendments
(including
new clauses and new schedules) are relevant to the subject matter of
the Bill; but if any such amendments are not within the title
of the Bill, the
Committee shall amend the title accordingly and shall report the same to the
House.
39 PROCEDURE IN COMMITTEE OF THE
WHOLE HOUSE ON BILLS
39 (1) In
Committee of the whole House the Member in charge shall move each clause in
succession, provided that he may, at his dis cretion,
move groups of
consecutive clauses unless any Member objects thereto. If no amendment is
proposed thereto, or when all proposed
amendments have been disposed of and
debate thereon has concluded the Chairman shall proceed to put the question.
(2) Any proposed amendments of which notice has
not been given shall be handed to the Chairman in writing.
(3) No amendment shall be moved which is
inconsistent with any clause already agreed upon or any decision already come
to by the Committee,
and the Chairman may, at any time during the discussion of
a proposed amendment, withdraw it from the consideration of the Com mittee
if
in his opinion the discussion has shown that the amendment contravenes the
provisions of this rule.
(4) Consideration of a clause may be postponed,
and postponed clauses shall be considered at such point as the Chairman may
decide.
(5) Any proposed new clause may be considered
either after the clauses of the Bill have been disposed of and before the
consideration
of any schedule to the Bill or at the appropriate place in the
Bill, as the Chairman may determine. Upon a motion being made for
the inclusion
of a proposed new clause in a Bill under consideration such clause shall be
deemed to have been read the first and
second time.
(6) A motion to include a new clause shall be
the subject of de-
bate, and when all amendments, if any, proposed thereto have been dis posed of
and debate thereon has concluded, the Chairman shall
proceed to put the
question.
(7) Schedules shall be disposed of in the same
way as clauses.
(8) When every clause and schedule and every
proposed new clause or new schedule has been dealt with, the Preamble, if there
is one,
shall be considered and the question "That this Preamble (or this
Preamble as amended) 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.
(9) If any amendment to the title of the Bill is
made necessary by an 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
(or the title as amended) stand part of the Bill.
(10) At the conclusion of the proceedings, the
Chairman shall forthwith put the question "That I do now report the Bill
(or the
Bill with amendments) to the House", which shall be decided
without amendment or debate.
40 RECOMMITTAL OF BILLS REPORTED FROM
COMMITTEE OF THE WHOLE HOUSE
40 (1) If
any Member desires to delete or amend any provision contained in a Bill as
reported from a Committee of the whole House or to
introduce any new provision
therein, he may at any time before a Member rises to move the third reading of
the Bill move that the
Bill be recommitted either wholly or in respect only of
some particular part or parts of the Bill or some proposed new clause or
new
schedule, no notice of such motion being required, and if the motion is agreed
to the Bill shall stand so recommitted. The
House may then upon motion made, re solve
itself into Committee to consider the business so recommitted ei ther forthwith
or upon
a later day.
(2) When the whole Bill has been recommitted,
the Committee shall go through the Bill as provided in rule 39.
(3) When the Bill has been recommitted in
respect only of some particular part or parts or of some proposed new clause or
new schedule,
the Committee shall consider only the matter so recommitted and
any amendment which may be moved thereto.
(4) At the conclusion of the proceedings in
committee on a Bill recommitted under the provisions of this rule, the Chairman
shall put
the question "That the Bill (or the Bill as amended on
recommittal) be re ported to the House" which question shall be
decided
without amend ment or debate.
41 REPORTS OF COMMITTEE OF THE WHOLE
HOUSE
41 When the Speaker puts the question that
the report of the Com mittee of the whole House be adopted no amendment or
debate thereon
shall be permitted.
42 THIRD READING OF BILLS ORIGINATING IN
THE HOUSE
42 (1) When
a Bill has been reported from any committee of the whole House it shall on
motion be ordered to be read the third time by its
title.
(2) On the third reading of a Bill amendments
may be proposed to the question "That the Bill be now read the third time
by its
title" sim ilar to those which may be proposed on second reading.
(3) Amendments for the correction of errors or
oversights may, with the Speaker's permission, be made before the question of
the third
reading of the Bill is put from the Chair, and, after the passage of
the Bill, by the Speaker or under his authority, but no amendments
of a
material character shall be made.
(4) After the third reading and further
proceedings thereon, a question is put "That this Bill do now pass"
after which the
title of the Bill is agreed to or amended and agreed to.
(5) A Bill read the third time and passed shall
be signed by the Speaker and shall be delivered by the Clerk for the purpose of
obtaining
the concurrence of the Senate.
43 BILLS RECEIVED FROM THE SENATE
43 (1) The
proceedings on Bills received from the Senate shall be as provided in rules 32
to 42.
(2) If such a Bill has been agreed to by this
House without amendment, a Message to that effect shall be carried to the
Senate by the
Clerk and the Bill shall be signed by the Speaker.
(3) If
such a Bill has been passed by the House with amend ments, the Bill shall be
signed by the Speaker and returned to the Sen ate
by the Clerk with a list of
the amendments, and a Message desiring the concurrence of the Senate in those
amendments.
44 FURTHER PROCEEDINGS
UPON BILLS
44 (1) When
a Bill has been returned from the Senate with a list of the Senate's
amendments, the Member in charge of the Bill may without
notice move for the
consideration of the said amendments forthwith or on a future date, and such a
motion shall be decided with
out amendment or debate.
(2) Upon consideration of the amendments, the
House may agree, disagree or make amendments thereto, or may propose amend ments
in lieu
thereof or consequent thereto.
(3) Unless all of the Senate's amendments are
agreed to, the Bill shall be returned to the Senate by the Clerk with a list of
further
amendments if any, and, if any amendments have been dis agreed with a
list of reasons for such disagreement, and a Message de siring
the concurrence
of the Senate.
(4) When a Bill, originating in the Senate, to
which amendments have been made by the House, is again received from the Senate
with
a list of amendments to or in lieu of the amendments made by the House,
the proceedings upon the Senate's amend ments shall be as
provided in
paragraphs (1) to (3) of this rule.
(5) If the Senate has assigned reasons for
disagreeing to any of the House's amendments, the reasons shall be considered
forthwith or
upon a future date as the Member in charge of the Bill shall
appoint, and upon their consideration the question shall be proposed
in respect
of each amendment disagreed to by the Senate that the House insists or does not
insist upon its amendments.
(6) Upon the conclusion of proceedings under
paragraphs (4) and (5) of this rule, if the Bill has been agreed to by the
Senate and the
House, as amended by one or both Chambers, or if the Bill has
been passed by both without amendment, the Speaker shall sign the
Bill
45 TEMPORARY LAWS
45 The precise duration of every temporary
law or enactment shall be expressed in a distinct clause or subsection at the
end of the
Bill or enactment.
46 WITHDRAWAL OF BILLS
46 On the order of the day for any stage a
Bill being called, the Member in charge of a Bill may move that the order be
discharged
and that the Bill be withdrawn.
47 BILLS CONTAINING SUBSTANTIALLY THE
SAME PROVISIONS
47 When once the second reading of any
Public Bill has been agreed to or negatived, no question shall be proposed
during the same session
for the second reading of any other Public Bill
containing substantially the same provisions. On an order of the day relating
to
such a Bill being called, the Speaker shall direct that the Bill be
withdrawn.
48 PRIVATE BILLS
48 (1) No
Private Bill shall be brought in except upon leave given on a Petition from the
promoters.
(2) Every Petition for the passing of a Private
Bill shall be ac companied by seventy-five printed copies of the Bill which the
promoters
desire to have passed.
(3) Printed copies of every Private Bill shall
be circulated to Members as soon as practicable after the presentation of the
Petition
therefor.
(4) Every Private Bill shall contain a clause
saving the rights of Her Majesty the Queen, her heirs and successors, all
bodies politic
and corporate, and all others except such as are mentioned in
the Bill, and those claiming by, from or under them.
(5) Whenever a Petition for the passing of a
Private Bill for
(a) the incorporation of a company or other body
corporate, or;
(b) the amendment of any Private Act under which a
com pany or other body corporate has been or may be incor porated,
has been
presented, the Speaker shall, without motion or question put, refer such
Petition to the Joint Select Committee on Private
Bills for con sideration and
report.
(6) A Private Bill shall not be read for the
first time until
(a) the Clerk shall have certified in writing to
the Speaker that notice of the general nature and objects of the Bill and of
the intention
to introduce the same has been published in some local newspaper
which newspaper is published not less frequently than weekly; and
(b) not less than ten days have elapsed after such
publica-
tion.
(7) The subsequent procedure with regard to Private
Bills shall be the same as that with regard to other Bills except that
(a) after a Private Bill for the incorporation of a
Company or other body corporate or the amendment of any Private Act under which
a company or other body corporate has been or may be incorporated has been
introduced the Member in charge may without notice move
that the re maining
stages be taken forthwith;
(b) a Private Bill such as is described in
paragraph (a) hereof shall, unless the House otherwise orders, be dealt with at
the second
reading without being committed, but shall be deemed not to have
passed the second reading until all the clauses of the Bill, in
their original
or amended form, shall have been agreed;
(c) at any time during the proceedings on the
second read ing of a Private Bill such as is described in paragraph (a) hereof
any Member
may (notwithstanding that he may have spoken) interrupt the
proceedings and move with out notice that the Bill be committed to the
House in
Committee of the whole House for consideration, which motion shall be put
without amendment or debate;
(d) if a motion for committal of a Private Bill
made pursuant to paragraph (c) hereof be adopted, all proceedings in the House
with
respect to such Bill subsequent to the adop tion of the motion for second
reading thereof and prior to the adoption of the motion
for committal shall be
void and the Bill shall stand committed.
(8) Unless the House otherwise orders, no
Petition for the passing of a Private Bill shall be considered during the
period, in any year,
beginning on the first day of June and ending on the day
on which Parliament is prorogued for the Summer Recess.
49 PRIVATE BILLS COMMITTEE
49 (1) There
shall be a Joint Select Committee to be known as "The Joint Select
Committee on Private Bills". This Committee shall
be a Standing Committee
appointed for the duration of the life of Parliament.
(2) The Speaker shall, for the purposes of this
Committee, ap point not more than five Members to sit with members of the
Senate, but
any Member may be discharged from serving as a member of the
Committee and be replaced.
(3) The Joint Select Committee on Private Bills
shall have the duty of examining, considering and reporting on
(a) an Petitions and Private Bills referred to it
pursuant to rule 48 (5) ; and
(b) all other Petitions and matters referred to it
by either House of the Legislature.
50 PUBLIC ACCOUNTS COMMITTEE
50 (1) There
shall be a Select Committee to be known as the "Public Accounts
Committee". This Committee shall be a Standing Com
mittee appointed for
the duration of the life of Parliament.
(2) The Public Accounts Committee shall consist
of five Mem bers, inclusive of the Chairman thereof, appointed by the Speaker,
who may
discharge and replace any Member serving on the Committee.
(3) The Public Accounts Committee shall have the
duty of ex amining, considering and reporting on
(a) the accounts showing the appropriation of the
sums granted by the Legislature to meet the public expendi ture of Bermuda;
(b) such accounts as may be referred to the
Committee by the House; and
(c) the report of the Auditor for any such
accounts.
50 (A)
COMMITTEE ON THE OFFICE OF THE AUDITOR
50 (A) (1) There
shall be a Select Committee to be known as the "Committee on the Office of
the Auditor". This Committee shall
be a Standing Committee appointed for the duration of the life of Parliament.
(2) The Committee shall consist of five members,
inclusive of the Chairman thereof, appointed by the Speaker, who may discharge
and
replace any member serving on the Committee.
(3) The Committe on the Office of the Auditor
shall have the duty-
(a) of reviewing annual and any supplementary
estimates requested by the Auditor and of making recommendations thereon to the
Minister
of Finance.
(b) of reviewing the establishment, including both numbers
and tradings of posts comprising the Office of the Auditor and any changes proposed by the Auditor and of making recommendations thereon to the Minister responsible for Management Services.
(c) of reporting to the House of Assembly the
potential effects on the Auditor's ability to carry out his functions in a
timely manner
of any changes to either estimates, including supplementary
estimates, or establishment of the Office of the Auditor from those
recommended
by the Committee.
(d) of reviewing General Orders, Financial
Instructions or other directions so far as they may impinge on the independence
of the Auditor
and his ability to carry out his functions and of recommending
how those directions might be amended in their application to the
Auditor.
(e) of recommending to the Minister of Finance the
basis and circumstances in which the Auditor should levy fees as income to the
Consolidated
Fund.
(f) where the Auditor is requested to carry out
duties in addition to the functions set out in the Audit Act, 1990 [title 14 item 4] then of recommending to
the Minister of Finance the additional resources required to undertake those
duties.
(g) of establishing the dates by which the Auditor
must present his reports to the Speaker of the House of Assembly if, in the
opinion
of the Committee, the submission times set by the Act cannot be met for
good reason.
(h) of recommending to the Minister of Finance the
auditor who will audit the revenues and expenses of the Office of the Auditor.
(i) of receiving and considering in consultation
with the Auditor the reports of any practice reviews performed on the Office of
the
Auditor, such reports to remain confidential to the Auditor and Members of
the Committee.
[Rule 50 (A)
added by the Report of the Rules and Privileges Committee No. 122 effective 29
June 1990]
50
(B) (LIFE) COMMITTEE ON A REGISTER OF
MEMBERS' INTEREST
50 (B) (1) There
shall be a Register of Members' Interests.
The purpose of such Register is to provide information of any pecuniary interest
or other material benefit which a Member of Parliament
or the Senate may
receive which may be thought to affect his/her conduct as a M.P./Senator or
influence his/her actions, speeches
or vote in Parliament/Senate.
(2) There shall be a Joint Select Committee to
be known as "Joint Select Committee on Members' Interest". This Committee shall be a Standing Committee
appointed for the duration of the life of Parliament.
(3) The Joint Select Committee on Members'
Interest shall consist of a total of seven Members inclusive of the Chairman
thereof, five
of which are to be appointed by the Speaker who may discharge and
replace any member serving on the Committee from the House while
the remaining
two Members are to be appointed from the Senate by the President thereof.
(4) The Joint Select Committee on Members'
Interest shall have the duty of examining the arrangements made for the
compilation, maintenance
and accessibility of the Register of Members'
Interests; to consider any proposals made by Members or others as to the rules,
form
and content of the Register; to consider any specific complaints or
disputes made in relation to the Registering or declaring of
interests and to
report on these and any other matters relating to Members' interests.
The Committee
shall exercise a general oversight of the procedures for the registering and
declaring of interests and make recommendations
for changes therein and from
time to time report to the House/Senate its interpretation of the scope of the
various classes of
pecuniary interests.
(5) The Clerk of the House (Legislature) shall
act as the Registrar of the Joint Select Committee on Members' Interests.
[Rule 50 (B)
added by the Report of the Rules and Privileges Committee effective 23 May
1997]
51 SESSIONAL SELECT COMMITTEES
51 (1) There
shall be the following Sessional select committees
(a) The Rules and Privileges Committee;
(b) The Regulations Committee;
(c) The House and Grounds Committee.
(2) Members
of the House appointed to the Sessional Select Committees shall be chosen by
the Speaker as soon as may be after the beginning
of each Session.
[this page intentionally left blank]
(3) The Rules and Privileges Committee shall
consist of the Speaker (who shall be the Chairman thereof) and five other
Members.
(4) The Rules and Privileges Committee shall
have the duty of considering and reporting on
(a) such matter relating to the Rules of the House
as may be referred to it by the House,
and
(b) such matters which appear to affect the powers
and privileges of the House as may be referred to it by the House;
(c) such matters relating to the Rules or appearing
to affect the powers and privileges of the House as the Committee may deem to
require
consideration.
(5) The Regulations Committee shall consist of
five Members inclusive of the Chairman thereof.
(6) The Regulations Committee shall have the
duty of consid ering all such statutory instruments (as defined by the
Interpretation Act
for the time being in force) as under the authority of any
Act are laid be fore the House, and to bring to the special attention
of the
House any regulations
(a) which involves the expenditure of public moneys
or im poses or fixes fees for licences or for services;
(b) the making of which appears to constitute an
unusual or unexpected use of the powers conferred by the Act under which it was
made;
(c) which purports to have retroactive effect;
(d) the publication or laying before the House of
which ap pears to have been unduly delayed; or
(e) the purport or form of which appears to require
elucida tion:
Provided that the
Regulations Committee shall not consider or report on the merits or policy of
any regulations.
(7) The House and Grounds Committee shall
consist of the Deputy Speaker (who shall be the Chairman thereof) and four
other Members.
(8) The House and Grounds Committee shall have
the duty of considering and advising the Speaker on all matters connected with
the
comfort and convenience of Members, and from time to time reporting to the
House its Minutes of Proceedings.
52 OTHER SELECT COMMITTEES
52 Other Select Committees may be
appointed on motion made after notice given, and question put, and shall
consist of such Members
as may be chosen by the Speaker.
53 JOINT SELECT COMMITTEES
53 (1) The
Speaker may appoint not more than six Members to sit with Members of the Senate
as a Joint Select Committee.
(2) The Quorum of a Joint Select Committee shall
be such as the Committee may decide.
(3) A Joint Select Committee shall elect its own
Chairman,
(4) A Joint Select Committee may be appointed at
the request of either House with the approval of the other House.
54 PROCEDURE OF SELECT COMMITTEES
54 (1) Except
as otherwise provided in these Rules, a Select Com mittee shall have power to
elect its own Chairman.
(2) If the Chairman of any Select Committee
shall be absent from any meeting, the Committee shall elect from among their
number another
Chairman whose tenure of office shall be for the day of the elec tion
only.
(3) The Speaker may discharge any member of a
select Com mittee and appoint another Member to fill the resulting vacancy.
(4) Unless the House otherwise orders, the
majority in number of the member of a Select Committee shall be a quorum for
the transac
tion of business.
(5) Notice of the first meeting of a Select
Committee shall be given by the Clerk on the direction of the Speaker.
(6) The proceedings or report of any Select
Committee, or a summary of such proceedings or report, shall not be published
until the
report of the Committee has been presented to the House.
55 ESTIMATES OF EXPENDITURE
55 (1) The
Minister of Finance shall cause to be prepared and laid
before the House as soon as practicable before the commencement of each
financial year Estimates of revenue and expenditure for
that year:
Provided that, if the
Legislature is dissolved less than three cal endar months before the
commencement of any financial year, the
Esti mates for that year may be laid
before the House as soon as practicable after the commencement of that year.
(2) At the sitting at which the Estimates are
laid before the House or at any subsequent sitting, the Minister of Finance or
in his
ab sence, some other Minister may, without notice, move a motion for the
approval of the Estimates of expenditure.
(3) Such motion shall be the occasion for the
Minister making it to make the annual financial statement or budget speech.
After the
Member in charge has spoken, no other Member shall then speak on the
motion. The debate shall be resumed on a day to be named by
the Mem ber in
charge, being a day not earlier than five clear days after the day on which the
motion was moved.
(4) The debate when resumed shall be confined to
the financial and economic state of Bermuda and the general principles of
Govern ment
policy and administration as indicated in the budget speech and the
Estimates.
(5) After Members have spoken and the Member in
charge has replied the debate in the House shall be concluded, but the question
on the
motion shall not be put at this stage.
(6) The House shall resolve itself into
Committee of Supply, without question put, to consider the Estimates.
(7) At the conclusion of consideration of the
Estimates in Com mittee of Supply, the House shall resume without question put
and the
Chairman shall report to the House.
56 COMMITTEE OF SUPPLY
56 (1) There
shall be a Committee of the whole House to be called "the Committee of
Supply".
(2) It shall be the duty of the Committee of
Supply to consider the Estimates of revenue and expenditure and any
Supplementary Esti
mates.
(3) Unless the House otherwise decides, a
maximum of thirty-five hours shall be allowed for the consideration of
Estimates in the Committee
of Supply.
(4) Any reference in these Rules to a programme
means a pro gramme within any head of expenditure then under consideration.
(5) The Opposition shall have the right to
determine the order in which the heads of expenditure shall be considered by
notifying the
Speaker and the Government in writing thereof not less than two
clear days before the day named by the Member in charge under rule
55(3) for
resumption of debate on the motion for the approval of the Estimates of
expenditure:
Provided that in the
event of failure of the Opposition to exercise the right conferred under this
paragraph the Government shall
have the right to determine such order.
(6) On consideration of the Estimates or
Supplementary Esti mates each head of expenditure shall be considered. The
Member in charge
shall move each head of expenditure in the order determined un der
paragraph (5). A debate may take place on that motion or on any
motion in
respect of any amendment moved under the provisions of rule 57. The debate must
be relevant to the head or programme
under con sideration or to any amendment
proposed thereto.
57 AMENDMENT TO HEADS OF ESTIMATES IN
COMMITTEE OF SUPPLY
57 (1) Any
proposed amendment to the Estimates shall be in writing.
(2) Any amendment to any head of expenditure to
increase the sum allotted thereto in respect of any programme may only be moved
by a
Minister who shall signify the consent of the Governor to the increase in
accordance with rule 32(5), Every such amendment shall
take the form of a
motion "that Head [blank] be
increased by [blank] in respect of
programme [blank]".
(3) Any amendment to increase a head of
expenditure in re spect of any programme shall take the 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) Any amendment to a head of expenditure to
reduce the sum allotted thereto in respect of any programme may be moved by any
Member,
and shall take the form of a "that Head [blank] be reduced by [blank] in respect of (or by leaving out)
programme [blank]".
(5) Any amendment to leave out a head shall not
be in order.
58 APPROPRIATION BILL
58 (1) An
Appropriation Bill shall be introduced in the House by a
Minister after the Estimates of expenditure have been approved.
(2) The Appropriation Bill shall provide for the
issue from the Consolidated Fund of the sums necessary to meet the
appropriation of
those sums for the purposes therein specified.
(3) After the Appropriation Bill has been
introduced the Mem ber in charge may without notice move that the remaining
stages be taken
forthwith.
(4) No debate shall take place on the motions for
the second reading and the third reading of the Appropriation Bill, and the
Bill shall
not be committed.
(5) The question for the second reading and the
third reading shall be put without amendment or debate.
59 SUPPLEMENTARY ESTIMATES
59 (1) If
in respect of any financial year it is found
(a) that the amount appropriated by the
Appropriation Act to any purpose is insufficient or that a need has arisen for
expenditure for
a purpose to which no amount has been appropriated by law; or
(b) that any moneys have been expended for any
purpose in excess of the amount appropriated for that purpose by an
Appropriation Act
or for a purpose to which no amount has been appropriated by
such an Act,
the Minister of
Finance shall cause to be prepared and laid before the House Supplementary
Estimates, showing the sum or sums required
or spent.
(2) Subject to paragraph (3) of this rule, the
Minister presenting the Supplementary Estimates may name the day for
consideration of
such Estimates.
(3) The motions for the approval of the
Supplementary Esti mates shall not be considered at any sitting earlier than
the day follow
ing the presentation thereof.
(4) On consideration of the Supplementary
Estimates the Min ister in charge shall after signifying the consent of the
Governor move
the motion for the approval of the Estimates. No other Member may
then speak on the motion.
(5) The House shall, without question put
resolve itself into Committee of Supply to consider the Supplementary
Estimates.
(6) The procedure for consideration of the
Supplementary Es timates in Committee of Supply shall with the exception of
that provided
for in rule 56(3) be the same as the procedure for the
consideration of the Estimates in Committee of Supply.
(7) The procedure for moving and considering
amendments to the Supplementary Estimates shall be the same as the procedure
for moving
and considering amendments to the Estimates in Committee of Supply.
(8) On conclusion of the consideration of the
Supplementary Estimates, the House shall resume without question put and the
Chair man
shall report to the House.
(9) The motion for the approval of the
Supplementary Esti mates shall be amended, if necessary, and put, without
further debate as moved,
or as amended, as the case may be.
60 SUPPLEMENTARY APPROPRIATION BILLS
60 If at any time a Supplementary
Appropriation Bill is presented to the House to provide for the appropriation
of amounts contained
in any Supplementary Estimates already approved by the
House, then the pro cedure for the consideration of any such Bill shall be
the
same as the procedure for the consideration of an Appropriation Bill.
61 METHOD OF CIRCULATION
61 Whenever in these Rules any Bill or
other document is required to be circulated to Members the same shall be
circulated by placing
a copy thereof on each Member's desk.
62 DELIVERY OF COMMUNICATIONS
62 (1) All
communications to the House may be delivered to the Clerk.
(2) Unless the House otherwise orders, all
communications from this House shall be delivered by the Clerk.
(3) The House may on motion without notice,
which shall be decided without amendment and without debate, order that any
message to the
Governor shall be delivered to him personally by two Members to
be nominated by the Speaker.
(4) All communications to the Governor, other
than those deliv ered pursuant to an order made under paragraph (3) of this
rule, shall
be delivered to the Deputy Governor for the Governor.
63 RULES IN CASES NOT PROVIDED FOR
63 (1) In
any matter not in these Rules provided for, resort shall be had to the usage
and practice of the House of Commons of the Par
liament of Great Britain and
Northern Ireland, which shall be followed as far as the same may be applicable
to this House, and
not inconsistent with these Rules nor with the practice of
this House.
(2) In case of doubt the Rules of this House
shall be interpreted in the light of the relevant usage and practice of the
said House
of Com mons, but no restrictions which the said House of Commons has
intro duced by Standing Order shall be deemed to extend to
this House or its
Members until this House has by rule provided for such restriction.
64 RECALL OF HOUSE BY SPEAKER
64 (1) If,
during an adjournment of the House, it is represented to the Speaker by a
Minister or the Speaker is of opinion that the public
interest requires that
the House should meet on an earlier day than that to which the House is
adjourned, he may give notice accordingly,
and the House shall meet at any time
stated in such notice. The business set down for that day shall be appointed by
the Government
or the Speaker and notice thereof shall be circulated not later
than the time of the meeting.
(2) References in this rule to the Speaker
shall, if the office of Speaker is vacant or the holder thereof is absent from
Bermuda or
oth erwise unable to perform the functions conferred by paragraph
(1), be construed as references to the Deputy Speaker.
65 SUSPENSION OF RULES
65 Any one or more of these Rules may
after notice, or with the leave of the Speaker be suspended on a motion made by
a Member at any
sitting.
66 PROCEDURAL IRREGULARITIES
66 A decision, order, or resolution of the
House shall not be ren dered invalid be reason only of the subsequent discovery
of any irregu
larity or failure to comply with the provisions of these Rules in
making such decision, order or resolution.
67 PRIVILEGE
67 (1) A
motion directly concerning the privileges of the House shall take precedence of
all other public business.
(2) If during the sitting of the House a matter
suddenly arises which appears to involve the privileges of the House and which
calls
for the immediate intervention of the House, the proceedings may be inter rupted,
save during the progress of a division, by a motion
based on such matter.
68 STRANGERS
68 (1) No
stranger shall be entitled to enter or remain within the Chamber of the House
or the precincts thereof without the authority
of the Speaker.
(2) If any Member takes notice that strangers
are present, the Speaker or in Committee the Chairman, shall put forthwith the
question
"That strangers do withdraw", without permitting any debate
or amend ment.
(3) The Speaker may, whenever he thinks fit,
order the with drawal of strangers from the precincts of the House or any part
thereof.
69 PRESS
69 The Speaker, may, under such rules as
he may make from time to time, grant permission to the management of any local
newspaper or
television station to have its accredited representative attend
sittings of the House and occupy a place in the press gallery of
the House for
the purpose of reporting the proceedings of the House.
If such rules are
contravened or if any report of the proceedings is published which the Speaker
considers unfair he may revoke
the per mission granted under this rule.
[Amended by
The Report of the Rules and Privileges Committee effective 29 June 1990
The Report of the Rules and Privileges Committee effective 23 May 1997]
CommonLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.commonlii.org/bm/legis/consol_act/rothoa289