My Right Honourable friends, as Deputy Prime Minister I hereby present the next item on the Agenda, a Bill to define the rules of procedure for this Parliament. I thank His Royal Majesty the King and my Right Honourable friend the Chancellor for the bills and amendments from the Grand Council that they have posted in the Hopper. Once the Parliamentary Procedure Bill is enacted, we shall be able to examine these bills and others through ordered, organised, official protocol, as the bill sets out a systematic approach for handling day to day legislative business. I hope that all Members of Parliament participate in debate about the bill, as it is a crucial cornerstone of the development of our fledgling Parliament.
Part I of the bill describes the conditions under which Members of Parliament shall be admitted to office. To explain this simply, Members of Parliament must declare themselves as Present at the beginning of a Parliamentary Session in order to present and vote on bills, and participate in debate; if they do not declare their presence at the beginning of a Session, they may do so while Parliament is already in Session and participate from that point onwards. Throughout the bill I have spoken of 'maximum periods'. This means that, for example, Parliament shall wait three days to allow Members to vote on a piece of legislation, but if all present Members vote before then, business may continue before the three days have passed. Declaring presence means that we do not have to waste valuable time waiting for inactive Members to vote if they do not intend to.
Part I also legally defines the Royal Oath of Allegiance, as introduced by my Right Honourable friend the Chancellor. The first time a Member declares themselves as present during a Parliamentary Term, rather than a simple 'I hereby declare myself Present,' they must swear allegiance to the King. This ensures that Members have a moral obligation to act in the interests of the Kingdom, and not for their own devices.
Part II sets out how the Prime Minister should be elected. The Prime Minister shall be elected as we have done, by simple majority rule. However, in the current version of the bill, I have allowed the Prime Minister to appoint his Deputy Prime Minister. In a typical constitutional monarchy, the elected Prime Minister would form a government by appointing Members of Parliament, usually from his own party, to be ministers. This means that ministers follow the policies of the party the public has elected. In Devonia, ministers are selected by Royal appointment. To add a democratic element to the appointment of ministers of the Grand Council, this bill allows the Prime Minister to recommend ministers to the King, although the final decision rests with His Royal Majesty. I do feel, however, that the Deputy Prime Minister should be appointed by the Prime Minister, so that when the Prime Minister is unavailable, his duties are to be carried out by someone of his own choosing. This would require an accompanying Constitutional Amendment, which I will also write shortly and place in the Hopper.
Part III is, perhaps, the most important part of the bill, which sets out the procedure for setting the Parliamentary Agenda, and the procedure for introducing, debating, and voting on new legislation. Members of Parliament, Members of the Grand Council, and the King are all entitled, under the Constitution, to present bills and amendments to Parliament. I think that this section of the bill should be examined in detail, and I particularly urge you all to give your opinions on how the Agenda should be formed. In the draft version, I have proposed that anyone wishing to present bills or amendments for discussion should present a list to the Prime Minister at the beginning of a Session, providing the name of the bill, or the bill to be amended, and a brief summary of what the bill or amendment aims to achieve. The Prime Minister shall then produce the Agenda, in which he will set the order in which legislation is to be presented to Parliament.
For each item on the agenda, the author will give a First Reading of the original bill or amendment in Parliament, accompanied by a speech, as I am doing now. General debate will follow, after which a vote shall be called to decide whether the piece of legislation should be granted a Second Reading. If it is given a second reading, Parliament will move to the next item on the Agenda, and the Prime Minister will insert the Second Reading into the Agenda. I set no time limits for debate - simply a 'reasonable period of time' - because some legislation may require far more debate than others. If any of you can suggest an effective way to set flexible guidelines for time constraints, this would be appreciated. If a bill is given a second reading, in the time between the readings, the author may make alterations to the document in response to issues highlighted at the debate. At the second reading, the revised bill is to be presented, with an accompanying speech if the author wishes, and then voted on by Members of Parliament. Over fifty percent of Parliament must vote 'Aye' for a bill to be passed for Royal Assent.
Part IV sets rules for maintaining order in Parliament, and is fairly self-explanatory. In future, an impartial Speaker would ideally be responsible for maintaining order, which should be considered when the population is higher.
I hope that this bill will gain your collective approval, as once our procedures are established, we may continue with other matters, but I appreciate that the importance of this bill requires that it be examined in detail, and I ask that any Members who may have any questions relating to it, or wish to highlight any weaknesses, errors or omissions, or to suggest any way in which it could be improved upon, to communicate them to the body in the debate that will follow. _________________ Christopher Wright MP
Deputy Prime Minister
An Act to establish the rules of procedure within sessions of the Parliament of Devonia, including the admittance to Office of Members of Parliament following election, the election of the Prime Minister, the processes required for the proposal, debate and establishment of new legislature, and the maintenance of order within Parliament.
Be it therefore enacted by the King’s most Excellent Majesty, by and with the advice and consent of this present Parliament assembled, and by the authority of the same, as follows:—
PART I
1. Following the announcement of the results of a Parliamentary election, whether this may be a General Election of Parliament in its entirety or a By-Election deciding one seat or more, all successful, elected candidates shall be granted the title, ‘Member of Parliament’.
2. Within a week of the announcement of the results of a general election, the King shall announce the official opening of Parliament, at which time he shall request Members to swear the oath given in Section 3.
3.
(1) The King shall request that successful candidates swear the following oath: “I, {name of candidate}, affirm that I will support the Constitution and the laws of the Kingdom of Devonia to best of my abilities and to be bound by my conscience in my duties as a Member of the Parliament. I pledge my loyalty to the Kingdom of Devonia and to the {King/Queen}. Long live {reigning Monarch}.” This shall henceforth be known as the ‘Royal Oath of Allegiance’.
(2) Only upon declaring the Oath shall Members of Parliament be entitled to attend sittings of Parliament.
(3) Failure to swear the Oath shall not be considered resignation from office.
A Member may choose to swear the Oath at any point during the Parliamentary Term, upon doing which they shall be immediately permitted to attend Parliament.
(4) Should any Member either directly refuse to swear the oath, or fail to do so by the second Session of that Parliamentary Term, the Prime Minister or their Deputy shall communicate to the electorate that their representative has chosen to do so. This shall not affect the Member’s right to swear the Oath during the second Session.
4.
(1) At the beginning of each Parliamentary Session, Members wishing to participate shall declare themselves Present. A brief, formal statement that one is present shall be a sufficient.
(2) Declaration of the Royal Oath of Allegiance shall also be considered to be a Declaration of Presence. Therefore, during the first session, any Member who has sworn the Oath shall not be required to declare their presence in addition; having already sworn the Oath, Members shall only be required to make a simple Declaration of Presence to attend the second Session.
(3) Should any elected candidate fail to swear the oath during the first Session, they shall be required to swear the Oath, instead of a simple Declaration of Presence, in order to attend the second Session.
PART II
5.
(1) In accordance with the Constitution, the first responsibility of Parliament shall be to elect a Prime Minister. A period of three days after the Opening of Parliament shall be allowed for Members to swear to the Oath, after which the King shall request that Members wishing to stand for the position of Prime Minister should announce their intention.
(2) All members wishing to stand for election to the position of Prime Minister should announce their intention within three days of the King’s request.
(3) The Prime Minister and shall be elected by a system of direct ballot, by simple majority rule. Each Member of Parliament may place one vote for the Member they wish to be elected. Candidates may vote for themselves.
(4) Once either a period of three days has passed, or all eligible Members, who have sworn the Oath, have voted, the King shall appoint the candidate with the most votes to the position of Prime Minister.
6. Once the election is complete, the new Prime Minister shall appoint a Member to the position of Deputy Prime Minister. The Deputy may or may not be a member of the Prime Minister’s own party.
7. The Prime Minister may recommend to the King persons who he feels qualified to carry out the duties of all other Ministerial positions, currently including the Royal Chancellor, the Minister of Foreign Affairs and the Minister of Immigration. Members and non-Members of Parliament may be recommended, providing that they hold Devonian citizenship. The final decision shall rest with the King.
PART III
8.
(1) Once all ministerial positions are allocated, the Prime Minister shall request that Members of Parliament and of the Grand Council, and the King, submit to him, either publicly or privately, any and all Bills and/or Amendments they wish to present for debate during the forthcoming Parliamentary Session.
(2) Each submission should include the name of the proposed Bill or the Act to be amended, and a summary of what is aimed to be achieved by it. A draft Bill or Amendment in its entirety need not be presented at this time, although Members should indicate any Bills that are already prepared, will be prepared very shortly, or shall take a considerable length of time to prepare, for the purposes of efficient timetabling. Any Member not wishing to present any Bills at this time should declare so to the Prime Minister, in order to save time.
9. The Prime Minister shall allow a maximum period of one week, after which he shall begin writing the Parliamentary Agenda. Should all present Members respond before the expiration of this period, the Prime Minister may begin immediately.
10. The Agenda shall comprise a list of all legislation proposed for debate during the Session in question, in the order in which they shall be presented and subject to debate in Parliament. Each entry should include the name of the Bill and summary produced by its author, and the name and position of the author of the Bill.
11. Upon completion, the Prime Minister shall present the Agenda to Parliament, providing a copy to the King who shall in turn present it to the Grand Council. The first item may be presented before Parliament once the Agenda has been read in Parliament and a copy provided to the King.
12. As soon as a Member of Parliament or the Grand Council, or the King has completed a Bill or Amendment listed on the Agenda, they shall place it in the Hopper, where all current legislation shall be stored.
13. When the time comes for an item on the Agenda to be presented, the Prime Minister or Deputy Prime Minister shall call upon its author to read the appropriate Draft Bill or Amendment in Parliament. This shall be called the First Reading. The author may choose to make an Introductory Speech to the piece of legislation before or after the Reading, or not at all, as he pleases.
14.
(1) After the First Reading, the Debate shall begin, during which all Members of Parliament may discuss the proposed legislation, ask its author questions, with intent to decide whether this legislation will be beneficial to the Kingdom, highlight any weaknesses, and to suggest any improvements that could be made.
(2) In accordance with the Constitution, Members of the Grand Council shall be entitled to attend and participate in these debates.
15.
(1) After a reasonable period of time, when debate is drawing to a close, the Prime Minister shall ask for Members of Parliament to vote ‘Aye’ or ‘No’ to whether they wish the Bill or Amendment to receive a Second Reading. No longer than a period of twenty four hours shall be allowed for Members of Parliament to vote. Members of the Grand Council may not vote, unless they are also Members of Parliament.
(2) If the majority vote Aye, then the author shall be allowed to make any necessary amendments to the Bill or Amendment, and a Second Reading shall be added to the Agenda after the next scheduled item.
(3) If the majority vote No, the Bill or Amendment shall be considered Rejected. It shall be removed from the Hopper, and may not be reintroduced until the next Session.
16. When the time comes for a piece of legislation to be presented to Parliament for its Second Reading, the Prime Minister or Deputy Prime Minister shall call upon its author to read the appropriate Bill or Amendment for the second time. The author shall read the revised version of the piece of legislation; they may choose to make an Explanatory Speech to highlight and explain the changes made before or after the reading, or not at all.
17. After the Second Reading, the Prime Minister shall call for the piece of legislation to be voted on. Members may vote ‘Aye,’ ‘No,’ or ‘I Abstain.’ Members of the Grand Council may not vote, unless they are also Members of Parliament. The Vote shall continue for three days, or until all Members of Parliament who are Present have voted.
18.
(1) Once the Vote has concluded, the Prime Minister shall announce the result. A simple Majority of ‘Ayes’, of over fifty percent, not including votes of Abstention, shall be required for the Bill or Amendment to be Passed by Parliament.
(2) Should a Majority be achieved, the Prime Minister shall present the Bill or Amendment to the King for Royal Assent. Once the King has granted the Bill or Amendment Royal Assent, it shall be considered Enacted, and shall become Law, and shall be removed from the Hopper and placed in the Parliamentary Library, labelled as Enacted.
(3) Should a Majority not be achieved, the Bill or Amendment shall be considered Rejected. It shall be removed from the Hopper and placed in the Parliamentary Library, labelled as ‘Rejected’.
19. Once an item has been Passed or Rejected by Parliament, the next item on the agenda shall be dealt with, by the process described in Sections 13-18.
PART IV
20. During sittings of Parliament, Members or Parliament are to be addressed as ‘my Right Honourable friend’.
21. It shall be the responsibility of the Prime Minister and Deputy Prime Minister to maintain order in Parliament.
22. Discussion in Parliament shall not digress from the topic of debate.
23. Although intense political debate shall be allowed, Members shall not make use of profane language, or direct inappropriate personal insults at other Members.
24. Members shall not make any attempt to impede or hinder the functioning of Parliament.
25.
(1) Should any member begin to behave in a way that impedes the functioning of Parliament, the Prime Minister or Deputy Prime Minister shall politely request that they cease such behaviour, and focus on the topic of debate.
(2) Should a Member repeatedly defy such reasonable requests, and continue to conduct themselves in a manner that impedes the functioning of Parliament, the Prime Minister shall ask for a Vote to be called to Expel the Member from Parliament. If over fifty percent of Members vote ‘Aye,’ the Member in question shall be temporarily Expelled, and the case brought before the High Court of Devonia, which shall judge whether the Member should be permanently Expelled from the body, Expelled for the remainder of the Term or Session, or reinstated. _________________ Christopher Wright MP
Deputy Prime Minister
I commend you on this Bill;But I am still somewhat Biased towards my Version _________________ His Royal Majesty King Rafael II of the House of Aluveaux. Consul of Etampes, Prince of Arretium, Prince of Apulia, The Duke of Calabria, The Duke of Devon, The Duke of Lavinium, and The Duke of York.
Thank you, your Royal Majesty, but may I ask if your version could be placed in the Hopper? As I do not have access to the Grand Council Chamber, I have not been able to read it yet.
I also wonder how we are going to conduct this debate. In a normal Agenda, one Bill would be presented at a time, and if the first one were rejected the second one would be considered - the irony of this situation is that we have no procedures to handle how we introduce the Procedures Bill! How should we handle two rival bills neither of which are scheduled on an official agenda? Rather than voting 'Aye' or 'No' should we vote 'Bill A,' 'Bill B' or 'Neither'? _________________ Christopher Wright MP
Deputy Prime Minister
Lets talk to see if compromises can be made.
I just Posted My Version of the Bill in Parliament _________________ His Royal Majesty King Rafael II of the House of Aluveaux. Consul of Etampes, Prince of Arretium, Prince of Apulia, The Duke of Calabria, The Duke of Devon, The Duke of Lavinium, and The Duke of York.
Having read carefully both versions of this Bill, I am more in favour of this Bill than the other version as this bill is far more comprehensive and apt to this Parliament. Therefore, as Prime Minister of Devonia, I add my second to the RH Mr. Wright's Bill and ask that the Parliament debate upon this Bill and add any amendments or concerns they have tot his thread, in addittion they may debate and quote the Other Royal Version of this Bill.
I will give the Parliament, one week to decide upon which version of the Bill they are will to go with OR work together to somehow merge these two bills together.
I Yield to the Floor,
Michael Dervin _________________ Mr. Dervin, Prime Minister of the Kingdom of Devonia
I thank the Right Honourable Prime Minister for his support of my Bill. One aspect of the King's bill that I think may be worth integrating in mine is the allowance for up to four bills to be discussed simultaneously (in separate threads, obvioulsy), which I think would make Parliament far more efficient than discussing one bill at a time - indeed, this could literally quadruple Parliament's effieciency. Therefore, if the idea is met with general agreement, I would be perfectly happy to amend Part III of my Bill accordingly. If His Royal Majesty the King is willing, I would also be happy to add Section 6 on Parliamentary Committees to my Bill, as this was a concept I overlooked when writing my Bill.
Does anyone have any thoughts on this, any other parts of the Royal Bill they think could be merged with mine, or any other changes they think should be made? _________________ Christopher Wright MP
Deputy Prime Minister
It says the Prime Minister Appoints a Deputy Prime Minister when The Constitution Calls for an Election of A Prime Minister and Deputy Prime Minister.
This Bill is far too complex for a small legislature; I urge all to Vote for my Bill Unamended. _________________ His Royal Majesty King Rafael II of the House of Aluveaux. Consul of Etampes, Prince of Arretium, Prince of Apulia, The Duke of Calabria, The Duke of Devon, The Duke of Lavinium, and The Duke of York.
Last edited by KingRafaelII on Sat Dec 29, 2007 5:45 am; edited 1 time in total
In that case, an accompanying Constitutional Amendment would have to be issued, upon the passing of which Part II, Section 6 would come into force. I maintain my position that the Prime Minister should appoint his own Deputy; if Your Royal Majesty has any objection to this, please address it to us.
As to your second comment, I hardly think that the Bill that seeks to establish the very procedures by which future legislation shall be crafted should be dismissed as 'a small legislature'. I know my Bill is complicated, but by definition it needs to be - if all of Parliament's procedures are not legally established, then our authority is invalid.
While we are on the subject of the Constitution, may I draw the body's attention to Part IV, Article 48, which states:
Quote:
Parliament shall lay down its own rules of procedure, including rules governing its conduct of business and the maintenance of order.
As the public's elected body, we have the right to set our own rules of procedure, and I am therefore disappointed by the King's sudden unwillingness to cooperate, when only yesterday he called for a compromise. Any bill may be amended, whether this is to combine it with another bill or to simply fine tune the existing one. Therefore, I respectfully ask His Royal Majesty not to accuse anyone who believes that any bill can be improved upon of being unpatriotic, and request that he reenters into discussions for the production of a colaberated Bill. _________________ Christopher Wright MP
Deputy Prime Minister
Mr. Wright,
I simply stated the Small legislature because Parliament right now is a relatively small body. I do not want any more burdens upon Members of Parliament.
And I would Like to Draw The Body's Attention to:
Quote:
Article 38
(1) A Newly elected Parliament shall sit within a week after the day of election, unless the King has previously convoked a meeting of Members.
(2) Immediately after the proving of the mandates Parliament shall constitute itself by the election of a Prime Minister and a Deputy Prime Minister.
(3) The Prime Minister shall act as the head of Parliament and shall preside over all legislative meetings. The Prime Minister shall set the agenda of the legislature, shall keep order in the Parliament and shall have all the powers necessary to fulfill his duties as Prime Minister so long as they do not coincide with the constitution of this state.
(4) The Deputy Prime Minister shall serve as second in command and serve his duties as appropriated to him by the Prime Minister.
_________________ His Royal Majesty King Rafael II of the House of Aluveaux. Consul of Etampes, Prince of Arretium, Prince of Apulia, The Duke of Calabria, The Duke of Devon, The Duke of Lavinium, and The Duke of York.
I would Like to Request that the Following Amendments to this Bill be added. These are from my Version of the Bill.
Quote:
Section 2: Definitions.
1.) Sponsor: one who presents a bill.
2.) Floor: The forum for debate.
3.) Bill: shall be a draft of a proposed law, statute, decree, enactment or amendment, presented for the approval of Parliament.
4.) Act: shall be a law, statute, decree, enactment or amendment, resulting from a decision of Parliament.
5.) Resolution: shall be a formal statement of a decision or expression of opinion adopted by Parliament.
6.) To simplify matters, all references to the male gender shall mean both male and female gender.
Section 3: The Speaker of Parliament
1.) The Speaker of Parliament shall be the Presiding Officer of Parliament and shall also be known as the Prime Minister.
3.) The Speaker shall not be prohibited from fulfilling all other duties and privileges of a Member of Parliament.
4.) The Speaker shall present all bills passed by Parliament to the Crown Council for the giving of Assent if such bills require Royal Assent as soon as possible.
5.) The rights, duties, responsibilities and obligations of the Speaker of Parliament shall be established and outlined according to statute to be laid down by Parliament.
6.) The Deputy Prime Minister shall serve under the duty of the Prime Minister (Speaker) and shall take his place when the Speaker is unavailable.
Section 4: Parliamentary Procedure
1.) These rules shall serve as the primary Parliamentary procedures for Parliament unless Parliament passes special rules for special legislative days.
2.) Any member may introduce legislation as long as they follow precedence laid down by that the constitution. To do so he must present the bill to the Speaker, who shall introduce for debate no more than 4 bills at times.
3.) Each bill shall be debated for no less than two days and no more than a week. All bills shall by default be granted a debate period of two days until a motion is called upon for an extension.
4.) After the debate period is over the Speaker shall conduct a vote. The voting choices will be: "Aye" in approval, "Nay" in disapproval, "Silens" in neutrality, and "Extend" to extend the debate period for another week.
5.) Voting shall last exactly four days, or until a majority is reached.
6.) The Speaker is empowered to cut down the voting as he deems necessary.
8.) Any Member of Parliament may call for "Cursus" in regards to any piece of legislation. This must be seconded by another member. Under “Cursus” procedures, voting procedures are immediately initiated once such a motion is seconded. The Speaker of Parliament has the authority to revoke or evoke Fast Track procedures if he feels it is necessary.
9.) At any time, a voting MP may declare a leave of absence, which shall be valid for no more than four (4) days. The declaration should be filed to either the Speaker’s (Prime Minister’s) Office or the Ministry of Interior. The MP may specify how long his leave of absence shall last. If it should last for more than 4 days, the MP may specify so clearly in his leave of absence. MPs may appoint proxies. The proxy of choice shall be stated on the Leave of absence.
_________________ His Royal Majesty King Rafael II of the House of Aluveaux. Consul of Etampes, Prince of Arretium, Prince of Apulia, The Duke of Calabria, The Duke of Devon, The Duke of Lavinium, and The Duke of York.
My Right Honorable friends first let me say that while I am a Member of Parliament I am also Royal Chancellor to the King. It is in my capacity as Royal Chancellor that I intend to do most of my speaking in Parliament while it is in my capacity as a Member of Parliament that I shall vote here. It is my intention that as soon as there is another citizen who wishes to fulfill the duties of a Member of Parliament I shall step down from that position and cause such a vote to take place, for I wish to serve in only in one capacity and that being as Royal Chancellor if the King should desire to appoint me.
I would suggest that neither of these is a “Bill” for enactment into law but rather are Parliamentary Resolutions for the operation of Parliament as rightfully they should be and as such are subject to change by a sitting Parliament. Therefore perhaps an article should be added saying each session of Parliament shall continue to operate under these procedures until such time as changed by Parliament or some wording to this effect. This will allow each successive session to begin operating with the discomfort of this debate.
It is my considered view that the Right Honorable Prime Minister has no authority at this time to impose the time limit of one week for debate as this matter is what will set the time frames to be used by Parliament. This Parliament is not a dictatorship of the Right Honorable Prime Minister and it is my sincere desire that he not treat it as such.
The Rules of Procedure set out by the Right Honorable Christopher Wright has many points of value in its contents, however as he himself has said, it does leave at least one concept overlooked.
Here are some of my concerns:
This should not be labeled as “Parliamentary Procedure Bill of 2007” as the Constitution clearly states:
Article 48
Parliament shall lay down its own rules of procedure, including rules governing its conduct of business and the maintenance of order.
Therefore this should be put forth as a Resolution on the Rules of Procedure and not be enacted as if it is a law of the land.
**** I suggest: The title be changed from “PARLIAMENTARY PROCEDURE BILL OF 2007” to “PARLIAMENTARY RESOLUTION FOR THE RULES OF PROCEDURE”
Current reading:
PARLIAMENTARY PROCEDURE BILL OF 2007
Suggested reading:
PARLIAMENTARY RESOLUTION FOR THE RULES OF PROCEDURE
**** I suggest: The first paragraph be changed from the opening words “An Act” to “A Resolution” and that the word “legislature” be changed to “legislation”
Current reading:
An Act to establish the rules of procedure within sessions of the Parliament of Devonia, including the admittance to Office of Members of Parliament following election, the election of the Prime Minister, the processes required for the proposal, debate and establishment of new legislature, and the maintenance of order within Parliament.
Suggested reading:
A Resolution to establish the rules of procedure within sessions of the Parliament of Devonia, including the admittance to Office of Members of Parliament following election, the election of the Prime Minister, the processes required for the proposal, debate and establishment of new legislation, and the maintenance of order within Parliament.
It will then be a simple matter for each session of Parliament to simple pass a resolution which adopts the standing Parliamentary Resolution for the Rules of Procedure or to say “with the following change”.
**** I suggest: Part I, Section 3, Paragraph 3 have the word “which” struck after the word “doing” and the word “so” inserted before the word “doing”.
Current reading:
(3) Failure to swear the Oath shall not be considered resignation from office.
A Member may choose to swear the Oath at any point during the Parliamentary Term, upon doing which they shall be immediately permitted to attend Parliament.
Suggested reading:
3) Failure to swear the Oath shall not be considered resignation from office.
A Member may choose to swear the Oath at any point during the Parliamentary Term, upon so doing they shall be immediately permitted to attend Parliament.
**** I suggest:
Part II, Section 5, Paragraph 6 be numbered as Paragraph 5
**** I suggest: Then Part II, Section 5, Paragraph 5 (now numbered as paragraph 6) have the word “appoint” replaced by “nominate”, and the following sentence added.
“ The Prime Minister shall then call for other nominations to the seat of Deputy Prime Minister. The sitting Members of Parliament shall then elect the Deputy Prime Minister by majority vote.”
Current reading:
6. Once the election is complete, the new Prime Minister shall appoint a Member to the position of Deputy Prime Minister. The Deputy may or may not be a member of the Prime Minister’s own party.
Suggested reading:
(5). Once the election is complete, the new Prime Minister shall nominate a Member to the position of Deputy Prime Minister. The Deputy may or may not be a member of the Prime Minister’s own party. The Prime Minister shall then call for other nominations to the seat of Deputy Prime Minister. The sitting Members of Parliament shall then elect the Deputy Prime Minister by majority vote.
**** I suggest Part II, Section 5, Paragraph 7 as now numbered be deleted from the Rules of Procedure of Parliament for three reasons.
First, the Constitution clearly states that it is the King who appoints and dismisses the Royal Chancellor and other ministers.
Article 14
The King shall appoint and dismiss the Royal Chancellor and the other ministers. He shall decide upon the Number of Ministers and Upon the Distribution of the duties of government among them. The Signature of the King to Resolutions relating to legislation and Government shall make such resolutions valid, provided that the Signature of the King is accompanied by the Signature or signatures of one or more Ministers. A minister who has signed a resolution shall be responsible for the Resolution.
Second, the Royal Chancellor and the Ministers form the Crown Council and report directly to the King. The Royal Chancellor and Ministries are not a part of the legislative branch of government but rather are part of the Kings Executive branch of the government. Indeed it is the King who who decides how many different Ministries shall exist and what shall be the duties of each Minister. While the leader of Parliament has the title “Prime Minister” that title should not be confused with the authority to lead or direct the Kings Ministers according to the Constitution.
Third, it is possible for any citizen including the Prime Minister to suggest the King appoint any person at any time. The Prime Minister or a leader of a political party or another Member of Parliament or indeed any citizen of the Kingdom can advise the King in any area they so wish at any time. There is no good reason to make such recommendations mandatory upon the Prime Minister and certainly not as part of the Rules of Procedure of Parliament.
**** I suggest: Part III, Section 8, Paragraph 1 be changed:
Current reading:
(1) Once all ministerial positions are allocated, the Prime Minister shall request that Members of Parliament and of the Grand Council, and the King, submit to him, either publicly or privately, any and all Bills and/or Amendments they wish to present for debate during the forthcoming Parliamentary Session.
Suggested reading:
Once the Prime Minister and Deputy Prime Ministers are seated the Prime Minister shall declare the Hopper open for the acceptance of any Constitutional Amendments and Bills from Members of Parliament or from the Crown Council. The person submitting a Constitutional Amendment or Bill may provide a summary of what is expected to be achieved by the submission. Such submissions shall be an ongoing process during the current session of Parliament.
**** I suggest: Part III, Section 8, Paragraph 2
Current reading:
(2) Each submission should include the name of the proposed Bill or the Act to be amended, and a summary of what is aimed to be achieved by it. A draft Bill or Amendment in its entirety need not be presented at this time, although Members should indicate any Bills that are already prepared, will be prepared very shortly, or shall take a considerable length of time to prepare, for the purposes of efficient timetabling. Any Member not wishing to present any Bills at this time should declare so to the Prime Minister, in order to save time.
(2) Each submission should include the name of the proposed Bill or the Act to be amended, and may include a summary of what is aimed to be achieved by it. A draft Bill or Amendment is to be presented in its entirety at this time as Members of Parliament may expect their legislation to be scheduled by the Prime Minister. The ordering of debate before the Parliament shall be conducted by the Prime Minister according to the Constitution, Laws, and Procedures of Parliament. Government Bills introduced by the Royal Chancellor or Ministers shall take precedence over private members’ bills’. A submission that has been prepared by the author for a second reading shall be on the agenda immediately after those introductions by the Royal Chancellor or Ministers. The Prime Minister may cause up to four submissions to be on the floor of Parliament in first and second reading as he determines the Parliament is capable of handling at the given time.
**** I suggest the following additions to the PARLIAMENTARY RESOLUTION FOR THE RULES OF PROCEDURE
Part V
26.
(1) The following are considered to be the term and definitions under which the Parliament will operate.
The Sponsor is the one who presents a bill. The Floor is the forum for debate. A Bill shall be a draft of a proposed law, statute, decree, enactment or amendment, presented for the approval of Parliament. An Act shall be a law, statute, decree, enactment or amendment, resulting from a decision of Parliament. A Resolution shall be a formal statement of a decision or expression of opinion adopted by Parliament. To simplify matters, all references to the male gender shall mean both male and female gender.
(2) The Speaker of Parliament shall be the Presiding Officer of Parliament and shall also be known as the Prime Minister. The Speaker shall not be prohibited from fulfilling all other duties and privileges of a Member of Parliament. The Speaker shall present all bills passed by Parliament to the Crown Council for the giving of Assent if such bills require Royal Assent as soon as possible. The rights, duties, responsibilities and obligations of the Speaker of Parliament shall be established and outlined according to statute to be laid down by Parliament. The Deputy Prime Minister shall serve under the duty of the Prime Minister (Speaker) and shall take his place when the Speaker is unavailable.
27.
(1) These rules shall serve as the primary Parliamentary procedures for Parliament unless Parliament passes special rules for special legislative days. Any member may introduce legislation as long as they follow precedence laid down by the Constitution. To do so he must present the bill to the Speaker, who shall introduce for debate no more than four bills at any given time. Each bill shall be debated for no less than two days and no more than a week. All bills shall by default be granted a debate period of two days until a motion is called upon for an extension. After the debate period is over the Speaker shall conduct a vote. The voting choices will be: "Aye" in approval, "Nay" in disapproval, "Silence" in neutrality, and "Extend" to extend the debate period for another week.
(2) Voting shall last exactly four days, or until a majority is reached. The Speaker is empowered to decrease the time for voting as he deems necessary. Any Member of Parliament may call for "Cursus" (The Course of Honor) in regards to any piece of legislation. This must be seconded by another member. Under “Cursus” procedures, voting procedures are immediately initiated once such a motion is seconded. The Speaker of Parliament has the authority to revoke or evoke The course of Honor procedures if he feels it is necessary. At any time, a voting Member of Parliament may declare a leave of absence, which shall be valid for no more than four (4) days. The declaration should be filed to either the Speaker’s (Prime Minister’s) Office or the Ministry of Interior. The Member of Parliament may specify how long his leave of absence shall last. If it should last for more than 4 days, the Member of Parliament may specify so clearly in his leave of absence. Members of Parliament may appoint proxies; the proxy of choice shall be stated on the Leave of absence.
28. Any Member of Parliament may present a motion to form a Committee on a particular subject area for the purposes of legislative discussion and possible formation of a bill. The Speaker of Parliament must consent to the formation of the Committee. The Member of Parliament that motions for a Committee shall henceforth become its Chairman. The Chairman shall be responsible for adjourning such a committee session.
28. The rules may be amended by the Speaker of Parliament upon recommendation by the Members of Parliament. If a motion to amend this act is approved by two-thirds of Parliament, the Speaker shall amend the act. If a motion to suspend the rules is approved by two-thirds of the Parliament, the Speaker shall suspend the rules. If a motion to reinstate the rules is approved by two-thirds of the Parliament, the Speaker shall reinstate the rules. Amendments to the Constitution may not be introduced while suspension the rules are in effect. _________________ Austi Scot MP
Royal Chancellor
Order of Devonia
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PARLIAMENTARY RESOLUTION FOR THE RULES OF PROCEDURE
A Resolution to establish the rules of procedure within sessions of the Parliament of Devonia, including the admittance to Office of Members of Parliament following election, the election of the Prime Minister, the processes required for the proposal, debate and establishment of new legislation, and the maintenance of order within Parliament.
Be it therefore enacted by the King’s most Excellent Majesty, by and with the advice and consent of this present Parliament assembled, and by the authority of the same, as follows:—
PART I
1. Following the announcement of the results of a Parliamentary election, whether this may be a General Election of Parliament in its entirety or a By-Election deciding one seat or more, all successful, elected candidates shall be granted the title, ‘Member of Parliament’.
2. Within a week of the announcement of the results of a general election, the King shall announce the official opening of Parliament, at which time he shall request Members to swear the oath given in Section 3.
3.
(1) The King shall request that successful candidates swear the following oath: “I, {name of candidate}, affirm that I will support the Constitution and the laws of the Kingdom of Devonia to best of my abilities and to be bound by my conscience in my duties as a Member of the Parliament. I pledge my loyalty to the Kingdom of Devonia and to the {King/Queen}. Long live {reigning Monarch}.” This shall henceforth be known as the ‘Royal Oath of Allegiance’.
(2) Only upon declaring the Oath shall Members of Parliament be entitled to attend sittings of Parliament.
(3) Failure to swear the Oath shall not be considered resignation from office.
A Member may choose to swear the Oath at any point during the Parliamentary Term, upon so doing they shall be immediately permitted to attend Parliament.
(4) Should any Member either directly refuse to swear the oath, or fail to do so by the second Session of that Parliamentary Term, the Prime Minister or their Deputy shall communicate to the electorate that their representative has chosen to do so. This shall not affect the Member’s right to swear the Oath during the second Session.
4.
(1) At the beginning of each Parliamentary Session, Members wishing to participate shall declare themselves Present. A brief, formal statement that one is present shall be a sufficient.
(2) Declaration of the Royal Oath of Allegiance shall also be considered to be a Declaration of Presence. Therefore, during the first session, any Member who has sworn the Oath shall not be required to declare their presence in addition; having already sworn the Oath, Members shall only be required to make a simple Declaration of Presence to attend the second Session.
(3) Should any elected candidate fail to swear the oath during the first Session, they shall be required to swear the Oath, instead of a simple Declaration of Presence, in order to attend the second Session.
PART II
5.
(1) In accordance with the Constitution, the first responsibility of Parliament shall be to elect a Prime Minister. A period of three days after the Opening of Parliament shall be allowed for Members to swear to the Oath, after which the King shall request that Members wishing to stand for the position of Prime Minister should announce their intention.
(2) All members wishing to stand for election to the position of Prime Minister should announce their intention within three days of the King’s request.
(3) The Prime Minister and shall be elected by a system of direct ballot, by simple majority rule. Each Member of Parliament may place one vote for the Member they wish to be elected. Candidates may vote for themselves.
(4) Once either a period of three days has passed, or all eligible Members, who have sworn the Oath, have voted, the King shall appoint the candidate with the most votes to the position of Prime Minister.
(5). Once the election is complete, the new Prime Minister shall nominate a Member to the position of Deputy Prime Minister. The Deputy may or may not be a member of the Prime Minister’s own party. The Prime Minister shall then call for other nominations to the seat of Deputy Prime Minister. The sitting Members of Parliament shall then elect the Deputy Prime Minister by majority vote.
PART III
8.
(1) Once the Prime Minister and Deputy Prime Ministers are seated the Prime Minister shall declare the Hopper open for the acceptance of any Constitutional Amendments and Bills from Members of Parliament or from the Crown Council. The person submitting a Constitutional Amendment or Bill may provide a summary of what is expected to be achieved by the submission. Such submissions shall be an ongoing process during the current session of Parliament.
(2) Each submission should include the name of the proposed Bill or the Act to be amended, and may include a summary of what is aimed to be achieved by it. A draft Bill or Amendment is to be presented in its entirety at this time as Members of Parliament may expect their legislation to be scheduled by the Prime Minister. The ordering of debate before the Parliament shall be conducted by the Prime Minister according to the Constitution, Laws, and Procedures of Parliament. Government Bills introduced by the Royal Chancellor or Ministers shall take precedence over private members’ bills’. A submission that has been prepared by the author for a second reading shall be on the agenda immediately after those introductions by the Royal Chancellor or Ministers. The Prime Minister may cause up to four submissions to be on the floor of Parliament in first and second reading as he determines the Parliament is capable of handling at the given time.
9. The Prime Minister shall allow a maximum period of one week, after which he shall begin writing the Parliamentary Agenda. Should all present Members respond before the expiration of this period, the Prime Minister may begin immediately.
10. The Agenda shall comprise a list of all legislation proposed for debate during the Session in question, in the order in which they shall be presented and subject to debate in Parliament. Each entry should include the name of the Bill and summary produced by its author, and the name and position of the author of the Bill.
11. Upon completion, the Prime Minister shall present the Agenda to Parliament, providing a copy to the King who shall in turn present it to the Grand Council. The first item may be presented before Parliament once the Agenda has been read in Parliament and a copy provided to the King.
12. As soon as a Member of Parliament or the Grand Council, or the King has completed a Bill or Amendment listed on the Agenda, they shall place it in the Hopper, where all current legislation shall be stored.
13. When the time comes for an item on the Agenda to be presented, the Prime Minister or Deputy Prime Minister shall call upon its author to read the appropriate Draft Bill or Amendment in Parliament. This shall be called the First Reading. The author may choose to make an Introductory Speech to the piece of legislation before or after the Reading, or not at all, as he pleases.
14.
(1) After the First Reading, the Debate shall begin, during which all Members of Parliament may discuss the proposed legislation, ask its author questions, with intent to decide whether this legislation will be beneficial to the Kingdom, highlight any weaknesses, and to suggest any improvements that could be made.
(2) In accordance with the Constitution, Members of the Grand Council shall be entitled to attend and participate in these debates.
15.
(1) After a reasonable period of time, when debate is drawing to a close, the Prime Minister shall ask for Members of Parliament to vote ‘Aye’ or ‘No’ to whether they wish the Bill or Amendment to receive a Second Reading. No longer than a period of twenty four hours shall be allowed for Members of Parliament to vote. Members of the Grand Council may not vote, unless they are also Members of Parliament.
(2) If the majority vote Aye, then the author shall be allowed to make any necessary amendments to the Bill or Amendment, and a Second Reading shall be added to the Agenda after the next scheduled item.
(3) If the majority vote No, the Bill or Amendment shall be considered Rejected. It shall be removed from the Hopper, and may not be reintroduced until the next Session.
16. When the time comes for a piece of legislation to be presented to Parliament for its Second Reading, the Prime Minister or Deputy Prime Minister shall call upon its author to read the appropriate Bill or Amendment for the second time. The author shall read the revised version of the piece of legislation; they may choose to make an Explanatory Speech to highlight and explain the changes made before or after the reading, or not at all.
17. After the Second Reading, the Prime Minister shall call for the piece of legislation to be voted on. Members may vote ‘Aye,’ ‘No,’ or ‘I Abstain.’ Members of the Grand Council may not vote, unless they are also Members of Parliament. The Vote shall continue for three days, or until all Members of Parliament who are Present have voted.
18.
(1) Once the Vote has concluded, the Prime Minister shall announce the result. A simple Majority of ‘Ayes’, of over fifty percent, not including votes of Abstention, shall be required for the Bill or Amendment to be Passed by Parliament.
(2) Should a Majority be achieved, the Prime Minister shall present the Bill or Amendment to the King for Royal Assent. Once the King has granted the Bill or Amendment Royal Assent, it shall be considered Enacted, and shall become Law, and shall be removed from the Hopper and placed in the Parliamentary Library, labelled as Enacted.
(3) Should a Majority not be achieved, the Bill or Amendment shall be considered Rejected. It shall be removed from the Hopper and placed in the Parliamentary Library, labelled as ‘Rejected’.
19. Once an item has been Passed or Rejected by Parliament, the next item on the agenda shall be dealt with, by the process described in Sections 13-18.
PART IV
20. During sittings of Parliament, Members or Parliament are to be addressed as ‘my Right Honourable friend’.
21. It shall be the responsibility of the Prime Minister and Deputy Prime Minister to maintain order in Parliament.
22. Discussion in Parliament shall not digress from the topic of debate.
23. Although intense political debate shall be allowed, Members shall not make use of profane language, or direct inappropriate personal insults at other Members.
24. Members shall not make any attempt to impede or hinder the functioning of Parliament.
25.
(1) Should any member begin to behave in a way that impedes the functioning of Parliament, the Prime Minister or Deputy Prime Minister shall politely request that they cease such behaviour, and focus on the topic of debate.
(2) Should a Member repeatedly defy such reasonable requests, and continue to conduct themselves in a manner that impedes the functioning of Parliament, the Prime Minister shall ask for a Vote to be called to Expel the Member from Parliament. If over fifty percent of Members vote ‘Aye,’ the Member in question shall be temporarily Expelled, and the case brought before the High Court of Devonia, which shall judge whether the Member should be permanently Expelled from the body, Expelled for the remainder of the Term or Session, or reinstated.
Part V
26.
(1) The following are considered to be the term and definitions under which the Parliament will operate.
The Sponsor is the one who presents a bill. The Floor is the forum for debate. A Bill shall be a draft of a proposed law, statute, decree, enactment or amendment, presented for the approval of Parliament. An Act shall be a law, statute, decree, enactment or amendment, resulting from a decision of Parliament. A Resolution shall be a formal statement of a decision or expression of opinion adopted by Parliament. To simplify matters, all references to the male gender shall mean both male and female gender.
(2) The Speaker of Parliament shall be the Presiding Officer of Parliament and shall also be known as the Prime Minister. The Speaker shall not be prohibited from fulfilling all other duties and privileges of a Member of Parliament. The Speaker shall present all bills passed by Parliament to the Crown Council for the giving of Assent if such bills require Royal Assent as soon as possible. The rights, duties, responsibilities and obligations of the Speaker of Parliament shall be established and outlined according to statute to be laid down by Parliament. The Deputy Prime Minister shall serve under the duty of the Prime Minister (Speaker) and shall take his place when the Speaker is unavailable.
27.
(1) These rules shall serve as the primary Parliamentary procedures for Parliament unless Parliament passes special rules for special legislative days. Any member may introduce legislation as long as they follow precedence laid down by the Constitution. To do so he must present the bill to the Speaker, who shall introduce for debate no more than four bills at any given time. Each bill shall be debated for no less than two days and no more than a week. All bills shall by default be granted a debate period of two days until a motion is called upon for an extension. After the debate period is over the Speaker shall conduct a vote. The voting choices will be: "Aye" in approval, "Nay" in disapproval, "Silence" in neutrality, and "Extend" to extend the debate period for another week.
(2) Voting shall last exactly four days, or until a majority is reached. The Speaker is empowered to decrease the time for voting as he deems necessary. Any Member of Parliament may call for "Cursus" (The Course of Honor) in regards to any piece of legislation. This must be seconded by another member. Under “Cursus” procedures, voting procedures are immediately initiated once such a motion is seconded. The Speaker of Parliament has the authority to revoke or evoke The course of Honor procedures if he feels it is necessary. At any time, a voting Member of Parliament may declare a leave of absence, which shall be valid for no more than four (4) days. The declaration should be filed to either the Speaker’s (Prime Minister’s) Office or the Ministry of Interior. The Member of Parliament may specify how long his leave of absence shall last. If it should last for more than 4 days, the Member of Parliament may specify so clearly in his leave of absence. Members of Parliament may appoint proxies; the proxy of choice shall be stated on the Leave of absence.
28. Any Member of Parliament may present a motion to form a Committee on a particular subject area for the purposes of legislative discussion and possible formation of a bill. The Speaker of Parliament must consent to the formation of the Committee. The Member of Parliament that motions for a Committee shall henceforth become its Chairman. The Chairman shall be responsible for adjourning such a committee session.
28. The rules may be amended by the Speaker of Parliament upon recommendation by the Members of Parliament. If a motion to amend this act is approved by two-thirds of Parliament, the Speaker shall amend the act. If a motion to suspend the rules is approved by two-thirds of the Parliament, the Speaker shall suspend the rules. If a motion to reinstate the rules is approved by two-thirds of the Parliament, the Speaker shall reinstate the rules. Amendments to the Constitution may not be introduced while suspension the rules are in effect.
_________________ Austi Scot MP
Royal Chancellor
Order of Devonia
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It is my considered view that the Right Honorable Prime Minister has no authority at this time to impose the time limit of one week for debate as this matter is what will set the time frames to be used by Parliament. This Parliament is not a dictatorship of the Right Honorable Prime Minister and it is my sincere desire that he not treat it as such.
Firstly, as according to the constitution:
Quote:
Article 38 (3) The Prime Minister shall act as the head of Parliament and shall preside over all legislative meetings. The Prime Minister shall set the agenda of the legislature, shall keep order in the Parliament and shall have all the powers necessary to fulfill his duties as Prime Minister so long as they do not coincide with the constitution of this state.
As Prime Minister I have Powers to set the agenda of this Parliament which inlcudes this debate. I am eager to get this Bill passed so that this Parliament can get down to its real job and duties as staed in the constitution, e.g. Passing Bills that will benefit the nation. It is the utmost importance that we get this Procedure passed ASAP so that the Parliament can begin to function fully. As this debate can go on for months with us all trying to get our own perfect bill, a deadline in very important for this Item on the agenda and I am very well within my constitutional powers to impose a deadline on this issue and I resent Mr. Scot's Comments on this Being a "dictatorship of the Right Honorable Prime Minister", I am simply trying to get progress made or else we will be here for a while.
Secondly, I will look over all these bills, suggested amendments carefully and try to get my response to them all for tomorrow.
I Yield to the Floor. _________________ Mr. Dervin, Prime Minister of the Kingdom of Devonia
I stand by what I have said and point out that the response of the Prime Minister proves my point. _________________ Austi Scot MP
Royal Chancellor
Order of Devonia
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I would ask you to Please stop Trolling and work to keep this Debate on track, so that we can get this Issues finished and off the agenda, so that we can get started on the work we were elected to do.
Moving on, as this bill is proving to be a bit more tricky than I first hoped, I am therefore removing the Agenda Time Limit of 1 week on this issue and am extending it to the 31st Jan 2008, this should be more than enough time I hope for us to iron out the creases in this Bill and come up with a Bill in which we all agree on (or the Majority of us at least).
I am about 2/3rds of the way through reading all versions of the Bill and writing my own suggestions, but alas work and real life seems to be getting in the way and as you know yourself its hard to find time to get anything done. I will have in finished (PG) Before Wednesday.
I Yield to the Floor _________________ Mr. Dervin, Prime Minister of the Kingdom of Devonia
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