Rules of the Senate

(b) If disorder shall arise during any meeting the President shall have power to adjourn the Senate without the question being put.

QUORUM

Quorum

7 A quorum shall consist of six Members and if within fifteen min utes after the appointed hour of meeting there shall not be a quorum present the Senate shall stand adjourned to the next regular day of meeting.

Whenever after the Senate has begun the consideration of the Orders of the Day a quorum shall not be present the Senate shall stand adjourned to the next regular day of meeting.

ORDER AND CONDUCT OF BUSINESS

Order and conduct of business

8 (a) Business remaining over from the previous meeting shall be put down first on the Orders of the Day.

(b) With the permission of the Senate, messages from His Excellency the Governor or from the House of Assembly may be read at any time during the meeting.

Business before the Senate; order in which transacted

9 Business before the Senate shall be transacted in the following order�

(1) Prayers.

(2) Confirmation of Minutes.

(3) Reading of Messages.

(4) Reports of Committees.

(5) Announcements.

(6) Notices of Motion.

(7) Petitions.

(8) Statements by Ministers and Parliamentary Secretaries.

(9) Introduction of Bills.

(10) First Reading of Public Bills received from the House of As sembly.

(11) First Reading of Private Bills received from the House of As sembly.

(12) Questions.

(13) Orders of the Day.

(14) Any Motion made under Rule 16.

(15) Speeches of Congratulations or Condolence.

Minutes

10 The Minutes of each meeting, with the Orders of the Day shall be printed and circulated at least twenty-four hours in advance of the next regular day of meeting. At every meeting the Minutes shall, unless agreed otherwise, be read, amended if required, and confirmed by the Senate and signed by the President.

Consideration of motion submitted

11 During the consideration of any Bill, or question which may be before the Senate any Member may submit a motion without a seconder.

Motions read from the Chair

12 Every motion shall be in writing and read from the Chair before being debated and every motion shall be entered in the Minutes unless the Senate shall otherwise order; but this rule shall not be construed to preclude a Member from speaking on a motion made, or about to be made, by him before the motion is read from the Chair.

Relevancy of amendment

13 If an amendment to any Bill or question be offered, and the President shall rule that such amendment is irrelevant to the subject then he shall decline to put the question.

Objection to motion

14 The President, on putting a question shall inquire whether there is any objection to the motion. If no Member objects the motion shall be
recorded in the Minutes as "Agreed to". If one Member only objects the motion shall be recorded as "Agreed to, Senator . . . objecting". If more than one Member objects a division shall be taken, whereupon, each Member in turn, beginning with the Opposition Members and followed by the Government and then by the Independent Members, shall declare "aye" or "no" and the Clerk shall make a note of each declaration as made.

The result of the vote on the motion shall be declared as "affirmed" or "lost" or "a tie" as the case may be. The names of Members and how they voted shall be recorded in the Minutes.

Equality of votes

15 On an equality of votes on any motion the motion shall be deemed to have been lost.

Notice of motion

16 A motion to set down an Order of the Day may be made, or a no tice of motion may be given at the conclusion of the business of the day before the motion for adjournment.

Manner of speaking

17 (1) Except when the Senate is in Committee, no Member shall speak more than once on the same question except in explanation of a material part of his speech in which his words have been misconstrued, and in such case he must adhere strictly to such explanation. The mover of the substantive motion under consideration shall have the right of re ply.

(2) The mover of a motion may reply after all the other Mem bers present have had an opportunity of addressing the Senate and be fore the question is put, and after such reply no other Member may speak except as provided in paragraph (3) of this rule.

(3) A Minister or Parliamentary Secretary may conclude a de bate on any motion which the President determines is critical of the Gov ernment, or reflects adversely on or is calculated to bring discredit upon the Government.

INTERRUPTIONS

Interruptions

18 (1) No Member shall interrupt another Member except�

(a) by raising a point of order, when the Member interrupt ing shall simply direct attention to the point which he desires to bring to the notice of the Senate and submit it to the President for decision; or

(b) to elucidate some matter raised by that Member in the course of his speech.

(2) A Member raising a point of order shall state concisely the ground of his objection and the point of order shall, at the request of any Member, be put in writing by the Member raising it.

Direct pecuniary interest

19 (1) No Member shall vote on any question in which he has di rect pecuniary interest, peculiar to such Member as distinguished from the subject at large.

(2) If the right of any Member to vote shall be challenged by any other Member on this ground, such Member shall not be entitled to vote if the President shall determine that the Member whose right to vote is in question is disqualified by this rule from voting.

(3) A Member disqualified from voting under this rule or rule 20 shall so declare to the President, or when the Senate is in Committee, to the Chairman.

Other pecuniary interest

20 No Member shall bring forward, promote or advocate in the Sen ate or vote for any Bill, Petition or other matter in respect of which he had acted in consideration of any pecuniary fee or reward; provided that this rule shall not apply to any Bill, Petition or other matter, which shall have been prepared by any Member under the instructions of any Com mittee of the Senate, or of the House of Assembly, or any Joint Com mittee of the two Houses appointed with leave to employ counsel.

Motion relating to disposal of any Bill

21 No motion relating to the disposal of any Bill may be made un less such Bill is actually under consideration of the Senate at the time such motion is made.

Presentation of messages, Bills and papers

22 When messages, Bills or other papers are at any time ordered by the House of Assembly to be presented to the Senate, the delivery of such documents to the Clerk of the Senate shall be deemed to be for all pur poses the presentation of them to the Senate.

PROCEDURE ON PUBLIC BILLS

Leave to introduce Public Bills

23 No Bill originating in the Senate may be introduced unless leave to do so has been granted.

Bill read by title only

24 A Bill may by leave of the Senate be read by its title only.

Bill read a second time

25 A Bill may by leave of the Senate be read a second time on the same day as it is read a first time.

Debating the principle of a Bill

26 On a motion for the second reading of a Bill only the principle of the Bill may be debated and after such motion has been adopted the Bill shall be referred to a Committee of the whole Senate, or to a Select Committee.

Appointment of Chairman of a Committee

27 Whenever the Senate is about to go into Committee of the whole House, the President or Member Presiding shall before leaving the Chair appoint a Chairman of such Committee who shall have the authority in the Chair of the Committee as the President or Member Presiding has in the Chair of the Senate.

Rules observed in Committee

28 The Rules of the Senate shall, so far as they are applicable, be observed in Committees of the whole House except that portion of rule 17 which provides that no Member shall speak more than once on the same question,

Bills read by title or marginal note

29 When in Committee of the whole Senate, the Chairman of the Committee may, by leave of the Committee, read a Bill by its title only or may read the clauses of the Bill by the number or the marginal note of each clause in succession, but in the latter cases any Member may re quire a clause to be read at length.

Non-discussion in committee of the principles of a Bill

30 The principle of a Bill shall not be discussed in Committee.

Amendments to clause

31 Any amendments may be made to a clause, or clauses may be deleted, or new clauses may be added, provided they be relevant to the subject matter of the Bill and be otherwise in conformity with the Rules.

No amendment to be put which is inconsistent

32 No amendment may be put which is inconsistent with any deci sion come to upon any previous part of a Bill.

Recommittal of a Bill

33 A Bill having passed through the Committee of the whole Senate may be recommitted for further amendment on notice having been given stating the amendments to be proposed, or for general purposes.

Recording of proceedings of a Committee

34 The proceedings of a Committee of the whole Senate shall be recorded in the Minutes of the Senate.

PROCEDURE ON THIRD READING

Procedure on third reading

35 A Bill having passed through the Committee of the whole Senate may forthwith be read a third time and passed unless at least three Members object to the motion for the third reading, in which case the third reading shall stand over to the next day of meeting.

Question

36 (1) Amendments for the correction of errors or oversights may, with the President's permission, be made before the question of the third reading of the Bill is put from the Chair, but no amendments of a mate rial character shall be proposed,

(2) After the third reading and further proceedings thereon a question is put "That this Bill do now pass".

Forwarding of Bills

37 (1) (a) A Bill received from the House of Assembly and passed by the Senate shall be signed by the President and for warded to His Ex cellency the Governor for His Excel lency's assent.

(b) A Bill originating in the Senate when passed shall be signed by the President and forwarded to the House of
Assembly.

Return of Bills

38 When a Bill initiated by the Senate is returned to the Senate by the House of Assembly with amendments, the Bill shall be recommitted for the consideration only of the amendments proposed. The Bill shall be returned to the House of Assembly with the amendments made therein, should the Senate approve them, or with an intimation that the Senate has not concurred in such amendments or some of them.

Lapse of three months

39 If an interval of three calendar months shall elapse after any reading of a Bill without further action being taken on such Bill, the same shall be ordered to be withdrawn, unless the Senate otherwise or ders.

PROCEDURE ON PRIVATE BILLS

Procedure on Private Bills

40 No Private Bill shall be allowed to be brought in except upon Pe tition from the promoters, which shall set forth the nature and objects of the Bill and any reasons which the promoters think fit to submit in its support.

Lodging of Private Bill Petition

41 Every Private Bill Petition shall be presented by being lodged with the Clerk of the Senate, and shall be communicated to the Senate by the Member offering the same at the first ordinary meeting after it is so lodged.

Copies of Bill

42 Every Petition for the passing of a Private Bill shall be accompa nied by fifteen copies of the Bill which the Petitioners desire to have passed.

Joint Select Committee

43 (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 President shall, for the purpose of this Committee ap point not more than three Members to sit with the Members of the House of Assembly, 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) all Petitions and Private Bills referred to it; and

(b) all other Petitions and matters referred to it by either House of the Legislature.

Summer period

44 Unless the Senate otherwise orders, no Petition for the passing of a Private Bill shall be presented during the period in any year, beginning on the 1st day of June and ending on the day on which the Legislature is prorogued for the summer recess.

Gazette advertisement

45 No Private Bill shall be read a first time until it has been re ported on by the Select Committee on Private Bills provided for in Rule 43 and unless the Senate upon motion made and question put, decides that adequate notice shall have been given to all parties concerned of the general nature and objects of such Bill, by advertisement in the Gazette, to be published fifteen days before the first reading of such Bill, and that such advertisement shall have been inserted at least three times in the Gazette before such reading.

Subsequent procedure

46 The subsequent procedure in regard to all Private Bills shall be the same as that laid down in the rules for other Bills before the Senate.

QUESTION OF ORDER

Question of order

47 A Member called to order by the President shall immediately cease speaking, and the point of order shall be decided by the President without debate before the other business is dealt with; provided that when the Senate is in Committee of the whole an appeal shall lie from any decision of the Chairman on a question of order to the President in the chair of the Senate, on a motion to that effect carried in committee; and provided also that the Chairman may if he thinks fit decline to de cide any point of order. In either of such cases the question shall be re ferred to the President in the Chair of the Senate, and the sitting of the
Committee shall, without any motion to that effect, be temporarily sus pended until the point of order has been decided, after which the consid eration of the matter in question shall be resume in Committee without any motion to that effect.

Rules of debate

48 In speaking to any motion under consideration of the Senate, the following Rules shall be observed�

(a) a Member while speaking to a question may not use of fensive or insulting words against the character or pro ceedings of either House or against particular parties or Members of either House;

(b) every Member shall address his observations to the Chair;

(c) the Member who first commences to speak shall be heard first, and if two commence together the President shall determine who shall be heard first. No Member shall be interrupted while speaking except when called to order;

(d) every Member shall confine his observations to the sub ject under consideration;

(e) no Member shall impute improper motives to any other Member;

(f) all personalities are to be avoided;

(g) no Member may speak to any question after the same has been fully put by the Chair. A question is fully put when the voices of both of the Ayes and Nays have been given thereon. On any question put either in the Senate or in Committee, every Member present shall record his vote either for the Ayes or Nays, unless excused by the Chair or disqualified from voting under rules 19 and 20;

(h) when a question has been proposed, debated and dis posed of, it shall not be competent for any Member, without special leave of the Senate, again to propose such question during the same Session;

(i) a Member shall not read his speech but may read ex tracts from written or printed papers in support of his argument;

(j) a Member shall not speak against or reflect upon any decision or procedure of the Senate, except on a motion that such decision or procedure be rescinded.

JOINT SELECT COMMITTEES

Joint Select committees

49 (1) The President may for the purposes of a Joint Select Com mittee appoint not more than three Members of the Senate to sit with Members from the House of Assembly.

(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.

SELECT COMMITTEES

Select Committee

50 A Select Committee shall consist of such Members not exceeding three, except with the leave of the Senate, as the President shall appoint. On appointing a Select Committee the President may then or at any fu ture time, nominate a Member or Members to fill permanently any va cancy or vacancies that may occur in such Select Committee by reason of the death, resignation, illness or absence from Bermuda of any ap pointed Member or Members.

Duration

51 A Select Committee may continue its investigations and duties although the Legislature may not be in Session and shall not be dis solved until the presentation to the Senate of its Report, or by order of the Senate.

Dissent

52 Any Member or Members of a Select Committee dissenting from the opinion of a majority of such Committee may make a written state ment of his or their reasons for such dissent, as a minority report, which shall be appended to the Report of the Committee.

Report

53 The Report of a Select Committee shall be brought up by the Chairman of such Committee and presented to the Senate, and on the motion of any Member present it may be referred to a Committee of the whole Senate.

Motion to refer

54 A motion to refer a Bill to a Select Committee shall not be made until the motion for the second reading of such Bill has been affirmed.

Services of Clerk

55 Select Committees shall have a right to the services of the Clerk to the Senate.

PETITIONS

Petitions

56 All applications to the Senate shall be in the form of a Petition presented by a Member who shall be responsible for its presentation.

Explanation of Petition

57 Unless otherwise ordered by the Senate a Petition on presenta tion shall not be read but the Member offering the same shall explain concisely the nature of the Petition confining himself to a statement of the person or persons from whom it comes, of the number of signatures attached to it, and to the reading of the Prayer of the Petition.

Consideration of Petition

58 Every petition shall be considered by the Senate and, if it relates to a Bill before the House, it shall be considered on the motion for the second reading of such Bill and also in Committee if the Bill reaches that stage.

QUESTIONS

Questions

59 (1) Questions may be put to a Minister or a Parliamentary Sec retary relating to public affairs or Departments.

(2) Questions addressed to a Minister or Parliamentary Secre tary may be answered by another Minister or by a Parliamentary Secre tary.

(3) Notice of a question shall be in writing and signed by a Member and shall be received by the Clerk by 12 noon not less than six clear days before the day on which the answer is required.

(4) 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 Sitting;

(e) a question shall not refer to proceedings in a Committee which have not been reported to the Senate;

(f) a question shall not seek the 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 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 public capacity;

(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 �

(i) which raises an issue already decided in the
Senate or which has been answered fully during the current Session, or to which an answer has been refused; or

(ii) which deals with matter referred to a Commis sion of Inquiry or within the jurisdiction of the Chairman of a Select Committee.

(5) A question shall not be made the pretext for a debate.

(6) If the President is of opinion that any question which a Member has sought to ask infringes any of the paragraphs of this rule he shall so inform that Member not later than the next day of meeting and may direct �

(a) that the question be printed or asked with such alter ations as he may direct; or

(b) that the Member concerned be informed that the ques tion is out of order.

(7) The number of questions which may be asked by any Mem ber on any one sitting day shall be limited to three.

(8) (a) Supplementary questions may be put for the purpose of elucidating an oral answer;

(b) the number of such questions which may be asked by any Member shall be limited to two;

PERSONAL EXPLANATIONS

Personal explanations

60 With prior leave of the President, any Member may make a per sonal explanation although there is no question before the Senate. Such explanation may not be debated and no controversial matter may be in cluded in an explanation.

CLOSURE OF DEBATE

Closure of debate

61 (1) After a question has been proposed, a Member 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 Senate, or infringement of the rights 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 opportunity to make his re ply,

(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.

PAPERS

Papers

62 (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 Senate on motion (the question on which shall be put without amendment or debate) decides otherwise.

MOTIONS

Motions

63 Unless these Rules otherwise direct, notice shall be given of any motion which it is proposed to move with the exception of the follow ing�

(a) a motion that the Senate resolve into Committee;

(b) a motion for the adjournment of the Senate or of any de bate;

(d) a motion made in Committee of the whole Senate;

(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 privileges;

(j) a motion in respect of which notice has been dispensed by leave of the Senate;

(k) a motion of the suspension of a rule put with leave of the President.

MANNER OF GIVING NOTICES OF MOTIONS

Manner of giving notices of motion

64 (1) Every Member in giving notice of a motion shall be so by handing a written or typed copy of such motion signed by himself to the Clerk during a sitting of the Senate or, when the Senate 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 Senate.

(3) A Member may amend a notice of motion standing in his name if such amendment does not, in the opinion of the President, mate rially 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 received by the Clerk shall be printed and circulated by the Clerk.

WITHDRAWALS OF BILLS

Withdrawal of Bills

65 On the Order of the Day for any stage of a Bill being called, the Member in charge of a Bill may move that the order be discharged and that the Bill be withdrawn.

STRANGERS

Strangers

66 (1) No stranger shall be entitled to enter or remain within the Chamber of the Senate or the precincts thereof without the authority of the President.

(2) If any Member takes notice that strangers are present, the President shall forthwith put the question, "That strangers do withdraw", without permitting any debate or amendment.

(3) The President may, whenever he thinks fit, order the with drawal of strangers from the precincts of the Senate or any part thereof.

PRESS

Press

67 The President may, under such rules as he may make from time to time, grant permission to the management of any local newspaper or broadcasting media station to have its accredited representative attend sittings of the Senate and occupy a place at the press table in the Senate for the purpose of reporting the proceedings of the Senate. If such rules are contravened or if any report of the proceedings is published which the Senate considers unfair, the President may revoke the permission granted under this rule.

ADJOURNMENT OF THE SENATE

Adjournment of Senate

68 (1) When a substantive motion for the adjournment of the Sen ate has been made no Member shall be entitled to speak thereon for more than ten minutes, except when adjournment has been agreed un der the provisions of paragraph (3) of this rule.

(2) A Minister may move "That the Senate 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 6 ask for leave to move the adjournment of the Senate 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 President. The President 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 President is so satisfied the motion shall stand over until the Orders of the Day have been disposed of on the same day, and at that hour any proceedings on which the Senate is engaged shall be postponed until the motion has been disposed of.

(6) Not more than one motion for the adjournment of the Sen ate 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 Sen ate under paragraph (3) of this rule shall be confined to the matter raised by the Member making the motion.

(8) (a) A Minister or a Parliamentary Secretary may speak on the motion to adjourn in the ordinary way as a Member;

(b) if the President considers that matters raised by a Mem ber when speaking on the motion to adjourn warrant a reply by a Minister the President may call on a Minister or a Parliamentary Secretary to reply.

RECALL OF THE SENATE

Recall of Senate

69 If, during an adjournment of the Senate, it is represented to the President or, in his absence, the Vice-President, by a Minister, or the President, or in his absence, the Vice-President, is of opinion that the public interest requires that the Senate should meet on an earlier day than that to which the Senate is adjourned, he may give notice accord ingly, and the Senate shall meet at any time stated in such notice. The business set down for that day shall be appointed by the Government or the President, or in his absence, the Vice-President, and notice thereof shall be circulated not later than the time of the meeting.

Suspension of rule by vote

70 Any rule may be suspended by a majority vote of the Members present at any meeting.

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Bermuda Consolidated Legislation

Rules of the Senate