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CHAPTER 8
POWERS AND PRIVILEGES (SENATE AND HOUSE OF ASSEMBLY)

ARRANGEMENT OF SUBSIDIARY LEGISLATION

SECTION 32

                            Rules of Procedure of the Senate.

                            Rules of the House of Assembly.

 

CHAPTER 8

POWERS AND PRIVILEGES (SENATE AND HOUSE OF ASSEMBLY)

[i]RULES OF PROCEDURE OF THE SENATE

[Commencement 7th January, 1964]

1. In these Rules-

Interpretation.

"Chief Clerk" and "Second Clerk" includes any person for the time being performing the duties of the offices of Chief Clerk or Second Clerk as the case may be;

"Senator presiding" means the President, Vice-President or other Senator presiding at a sitting of the Senate, or the Chairman or other Senator presiding at a sitting of a Committee of the whole Senate as the case may be;

2. In all questions of procedure for which provision is not made in these Rules, the Senate shall follow-

Procedure of House of Lords and House of Commons may apply.

(a)
in cases relating to the Senate as a Second Chamber of the Legislature, the Rules, Uses and Practices of the House of Lords; and
(b)
in all other cases, the Rules, Uses and Practices of the House of Commons,

insofar as the same are not inconsistent with the Constitution or with these Rules.

3. (1) During each session of Parliament, the Senate shall meet on the day and at the hour to which it stands adjourned:

Meetings of Senate.

Provided that the President, or if the President be absent from The Bahamas, or be incapacitated, or if the office of President be vacant, the Vice-President, may, if in his opinion circumstances so require, summon a meeting of the Senate for a day and hour other than the day and hour to which the Senate stands adjourned, and the Chief Clerk shall notify each Member of the Senate in writing accordingly.

(2) If the Senate stands adjourned sine die, the President, or if the President be absent from The Bahamas, or be incapacitated, or if the office of President be vacant, the Vice-President, shall determine the day and hour for the next meeting of the Senate and the Chief Clerk shall notify each Member of the Senate in writing accordingly:

Provided that if the President and the Vice-President are both absent from The Bahamas, or are both incapacitated, or if the offices of President and Vice-President are vacant, any seven Members of the Senate may, by requisition in writing under their hands, call upon the Chief Clerk to summon a meeting of the Senate for a day and hour to be specified in such requisition and the Chief Clerk shall notify each Member of the Senate in writing accordingly.

4. When the hour for a meeting of the Senate shall have arrived, the President or in his absence, the Vice-President, shall take the Chair, and, subject to Rule 5 hereof, the Senate shall proceed to business:

Senator presiding.

Provided that if the President and the Vice-President are both absent, and if there is a quorum then present, or present within the period of time prescribed by Rule 5 hereof, the Senate shall, in accordance with the provisions of Article 56(1) of the Constitution, elect a Senator (not being a Minister) to preside at that sitting of the Senate, after which the Senator so elected shall take the Chair, and subject to Rule 5 hereof, the Senate shall proceed to business.

5. If a quorum of the Senate is not present within thirty minutes after the time appointed for a sitting of the Senate, the sitting of the Senate shall stand adjourned to such day and hour as the President, or in his absence, the Vice-President, shall appoint. If both the President and Vice-President are absent, the sitting of the Senate shall stand adjourned until that day week at the same hour.

Lack of quorum at time Senate meets.

6. If, in accordance with Article 57(1) of the Constitution, the attention of the Senator presiding at a sitting of the Senate is drawn to the absence of a quorum, and if after an interval of fifteen minutes, the Senator presiding ascertains that a quorum of the Senate is still not present, the Senate shall be adjourned to such day and hour as the Senator presiding shall appoint. The provisions of this Rule shall apply mutatis mutandis when the Senate is sitting as a Committee of the whole senate.

Lack of quorum during meeting of Senate.

7. The Chief Clerk shall enter any adjournment of the Senate or of a committee of the whole Senate in the Minute Book and shall notify each Member of the Senate in writing of the day and hour to which the Senate or the Committee stands adjourned.

Entry of adjournment in minutes and notification to members.

8. Unless the Senate shall order otherwise, the business of each sitting of the Senate shall be transacted in the following order-

Order of business.

(1)
If the President and Vice-President are both absent, the election of a Senator (not being a Minister) to preside at that sitting.
(2)
Reading and confirmation of Minutes.
(3)
Communications by the President, or on behalf of the President, if the President be absent.
(4)
(a) Communications by Ministers.
(b)
Communications by Honourable Members.
(5)
Communications by the Chief Clerk.
(6)
Messages from His Excellency the Governor-General.
(7)
Messages from the House of Assembly.
(8)
Questions.
(9)
Motions for leave of absence.
(10)
Presentation of Petitions.
(11)
Appointment of Committees.
(12)
Presentation of Reports of Committees.
(13)
Adoption of Reports of Committees.
(14)
Introduction and first reading of Bills.
(15)
Second reading of Bills.
(16)
Committal of Bills.
(17)
Third reading and passing of Bills.
(18)
Recommendations for the amendment of Taxation Bills for consideration by the House of Assembly.
(19)
Consideration of amendments from the House of Assembly.
(20)
Resolutions.
(21)
Notices for subsequent meetings.
(22)
Orders for the Chief Clerk.
(23)
Adjournment.

9. The Clerks shall be in attendance at the Senate Chamber half an hour before the hour to which the Senate stands adjourned.

Attendance of Clerks.

10. It shall be the duty of the Chief Clerk to keep correct and full Minutes of the proceedings of the Senate and of all Committees.

Chief Clerk to keep Minutes.

11. At every meeting of the Senate the Minutes of the last meeting shall be read, amended, if required, and confirmed by the Senate and signed by the Senator presiding.

Reading and confirmation of Minutes.

12. The Senator presiding shall decide all questions of order, subject, nevertheless, to the ultimate decision of the Senate should his ruling on any subject be objected to.

Questions of order.

13. When at a meeting of the Senate a matter is sent to a Committee of the Senate (other than a Committee of the whole Senate), the Senator presiding at that meeting shall nominate and appoint the Chairman and members of that Committee, and any member so appointed shall not be excused save with the assent of the Senate.

Appointment of Chairman and members of Committee.

14. Subject to the provisions of Article 60 of the Constitution, every Senator shall have the right to submit motions for discussion by the Senate, but no motion shall be put from the Chair unless it has been seconded. Any motion may be made orally unless the Senator presiding sees fit to require the same to be in writing. Every motion shall be entered by the Chief Clerk in the Minutes unless the Senate shall otherwise order. After a motion has been made and seconded no other motion shall be made (except for amendment, adjournment or the previous question) until the original motion shall have been put to the vote.

Motions.

15. The Senator who first rises to speak shall be heard first, and if two or more rise together the Senator presiding shall determine who shall speak first. No Senator is to be interrupted whilst speaking and no Senator shall speak oftener than twice on any motion except in Committee of the whole Senate.

Speeches.

16. After the business of the day is commenced, no Senator shall leave the Chamber without the permission of the Senator presiding.

Senator leaving Chamber.

17. At the commencement of each Session and during the same if occasion shall require, a Senator (not being a Minister) shall be elected by the Senate to be Chairman of Committees of the whole Senate:

Chairman of Committee of whole.

Provided that if the Senator so elected is not present at the same time when the Senate is about to go into a Committee of the whole Senate, or is himself presiding over the Senate at the time, the Senate shall elect another Senator (not being a Minister), who is present and who is not presiding over the Senate at the time, to take the Chair of such Committee of the whole Senate.

18. (1) Save as provided in paragraph (2) of this Rule, unless with the assent of a majority of Senators present and voting no Bill shall be introduced, or any of its stages moved, nor shall any Resolution be adopted, agreed to or concurred in without notice of at least one day being given:

Notice of introduction of Bill and other matters.

Provided that when a Bill is brought to the Senate from the House of Assembly it may be read a first time without any such notice.

(2) Notice shall not be required in respect of the following motions-

(a)
a motion for the adjournment of the Senate or of any debate;
(b)
a motion for the suspension of a Rule;
(c)
a motion for the election of President, Vice-President or of a Senator to preside under Article 56(1) of the Constitution;
(d)
a motion for the amendment of any motion;
(e)
a motion that the Senate resolves itself into a Committee of the whole Senate;
(f)
a motion that a petition be read, printed or referred to a Select Committee;
(g)
a motion made in Committee of the whole Senate;
(h)
a motion that the Report of a Select Committee be printed;
(i)
a motion that the Report of a Select Committee be referred to a Committee of the whole Senate;
(j)
a motion to re-commit a Bill.

19. No Bill shall pass the Senate until it has had three readings; and, save with the assent of a majority of Senators present and voting, no Bill shall be read more than twice in one day.

Bill requires three readings but not more than two readings on one day.

20. The Chief Clerk shall keep a book in which he shall enter all notices given under Rule 18, which book shall be laid on the Table and be accessible at all times to Senators.

Entries in book of notices under Rule 18.

21. When a Bill or Resolution is brought up from the House of Assembly, a Senator who is a Minister or who is one of the Senators appointed to the Senate under Article 39(2) of the Constitution, whether he is or is not a Minister, shall take charge thereof and it shall be the duty of such Senator, without delay, to move the several stages of the Bill or Resolution:

Moving stages of Bills, etc., brought up from House of Assembly.

Provided that if such Senator is not present during any stage of such Bill or Resolution, another Senator who is a Minister or who is one of the Senators appointed to the Senate under Article 39(2) of the Constitution, whether he is or is not a Minister, shall take charge of such Bill or Resolution for that stage.

22. If in the opinion of a majority of Senators present and voting, the passage of a Bill or Resolution under the provisions of Rule 21 is being unnecessarily delayed, the Senator presiding may appoint any other Senator to proceed with the same.

Delay in moving stages of Bill.

23. If a clause or amendment irrelevant to the subject-matter of any Bill, Resolution or Question be offered to the Senate or to a Committee of the whole Senate, the Senator presiding shall decline to put the motion.

Irrelevant matter.

24. (1) Save as provided in paragraph (3) of this Rule, the question shall be put by the Senator presiding and the votes shall be taken by voices aye and no, and the result shall be declared by the Senator presiding stating "The ayes have it" or "The noes have it" as the case may be, but any Senator may challenge the opinion of the Chair by claiming a division.

Putting question and divisions.

(2) The following provisions shall apply to the taking of a division-

(a)
A division shall be taken by the Chief Clerk asking each Senator separately how he desires to vote and recording the votes accordingly.
(b)
In taking the division the names of Senators shall be called in alphabetical order.
(c)
When a division is claimed, every Senator present shall, unless he expressly states that he abstains from voting, record his vote either "aye" or "no". The Chief Clerk shall enter in the Minutes the record of each Senator's vote, and shall add a statement of the names (if any) of Senators who abstained from voting.
(d)
As soon as the Chief Clerk has recorded the votes he shall hand the record to the Senator presiding who shall state the numbers voting "aye" and "no" respectively and shall declare the result of the division.
(e)
If a Senator states that he has voted in error or that his vote has been counted wrongly, he may claim to have his vote altered, but only if such claim has been made as soon as the numbers of votes have been announced, and before the result of the division has been declared. Upon such request the Senator presiding shall either direct the Clerk to alter that Senator's vote or direct that a fresh division shall take place.

(3) In the case of the election of a Senator to be President of the Senate when the Senate first meets after a general election as provided by Article 44(1) of the Constitution, or whenever it is necessary to elect a President by reason of a vacancy in the office of President occurring otherwise, or in the case of the election of a Senator to preside at a sitting of the Senate in the absence of the President and the Vice-President as provided by Article 56(1) of the Constitution, the Chief Clerk from his place in the Chamber shall call upon the Senators present to elect a Senator to be President or to elect a Senator to preside at the sitting, as the case may be, and shall put the question. The provisions of paragraphs (1) and (2) of this Rule shall apply, the Chief Clerk exercising the functions of the Senator presiding and the Second Clerk exercising the functions of the Chief Clerk under the said paragraphs.

Putting question for election of President and election of Senator to preside under Article 56(1) of Constitution.

(4) An election of President shall be conducted in the following manner-

Procedure for electing President.

(a)
A Senator having first ascertained that the Senator to be proposed is willing to serve if elected, may, rising in his place, propose a Senator (not being a Minister) as President, and if that proposition is seconded, the Chief Clerk, if no other Senator is proposed and seconded, shall declare the Senator so proposed and seconded to be President of the Senate.
(b)
If another Senator (not being a Minister) willing to serve if elected be proposed and seconded the Chief Clerk shall put the question that the Senator who was first proposed and seconded should be President. If that proposal be agreed to, the Senator so chosen shall be President, but if the proposal should be negatived, the Chief Clerk shall put a like question in respect of the Senator who was secondly proposed and seconded. If that proposal be agreed to, the Senator so chosen shall be President, but if the proposal be negatived, the Chief Clerk shall propose a like question in respect of any other Senator (not being a Minister) who has been proposed and seconded, until the question is carried in favour of one of the Senators so proposed.

(5) An election of Vice-President shall be conducted in a similar manner to the election of President, save that the President, or if the President is absent, a Senator elected under Article 56(1) of the Constitution, shall preside and put the question.

Procedure for electing Vice-President.

(6) An election of a Senator to preside under Article 56(1) of the Constitution shall be conducted in a similar manner to the election of President.

Election of Senator to preside under Article 56(1) of the Constitution.

25. Whenever a Bill brought up to the Senate from the House of Assembly is amended in Committee, all such amendments shall be entered in extenso in the Minutes of the day.

Amendments to Bills.

26. At and during each and every sitting of the Senate any absent Senator summoned in writing by the authority of the Senator presiding by order of the Senate shall immediately attend, and should he neglect to do so without assigning some reason which is deemed satisfactory to the Senate, his name shall be entered in the Minutes of the day as absent without leave, and if the same Senator should during the same session absent himself again and refuse or neglect to attend when summoned as aforesaid, it shall be the duty of the President, or if the President shall be absent from The Bahamas, or be incapacitated, or if the office of President be vacant, of the Vice-President, with the authority of the Senate, to report his absence to the Governor-General.

Absent Senator to attend if summoned.

27. All Journals, Minutes, Books of Record and Documents of the Senate shall be placed in the custody of the Chief Clerk, who shall be responsible for their safe-keeping, and the Chief Clerk shall not, without the particular leave of the Senate, deliver extracts from or copies of such Journals, Minutes, Books of Record or Documents to any person whomsoever, except Senators who may at any time peruse such Journals, Minutes, Books of Record or Documents, and have extracts from or copies thereof.

Books and documents of record.

28. Whenever a disagreement shall take place between the Senate and the House of Assembly on the subject-matter of any Bill or Resolution or proposed amendment thereto, the reasons for the Senate disagreeing shall be delivered by Message to the House of Assembly and the reasons of the House of Assembly for disagreeing shall be delivered by Message to the Senate, without a conference, unless otherwise desired by the House of Assembly or especially ordered by the Senate.

Reasons for disagreement between Senate and House to be delivered and received by Message.

29. All petitions praying for legislative action, other than petitions for grants of money, and any documents in explanation thereof, or upon which it is intended to base legislation, must be laid before the Senate and the House of Assembly.

Petitions.

30. Members of the House of Assembly shall have the right to enter and remain within the Bar of the Senate Chamber during the transaction of business, as well as any other person who shall present to the Chief Clerk a card of invitation signed by a Senator. At the opening or closing of Parliament, no one shall have the right to enter the Senate Chamber unless he presents to the Chief Clerk or Second Clerk a card of invitation signed by the President, or if the President be absent from The Bahamas or be incapacitated or if the office of President be vacant, by the Vice-President:

Invitation cards to enter Senate Chamber.

Provided, however, that in respect of an opening of Parliament immediately following upon a general election, cards of invitation shall be issued by the Chief Clerk under the direction of the last President of the Senate or, if the last President of the Senate is absent from The Bahamas, incapacitated or deceased, under the direction of the last Vice-President of the Senate, and such invitation cards shall be signed by the Chief Clerk. In the event of the last President of the Senate and the last Vice-President of the Senate both being absent from The Bahamas, incapacitated or deceased, the invitation cards shall be issued and signed by the Chief Clerk acting in his discretion.

31. The President, or if the office of President be vacant, or the President be absent from The Bahamas, or be incapacitated. the Vice-President, may grant a general permission to the representative of any journal to attend the sittings of the Senate, provided that if any such journal publishes a report which the President, or if the office of President be vacant or the President be absent from The Bahamas, or be incapacitated, the Vice-President, considers unfair or inaccurate, the President or the Vice-President, as the case may be, may revoke such permission.

Permission to representatives of journals to attend sittings.

32. A motion for the adjournment of the Senate may be made at any time and shall immediately be decided by a vote of the Senators present and voting.

Motion for adjournment.

33. If disorder shall arise during any sitting of the Senate or a Committee of the whole Senate, the sitting may be adjourned by the Senator presiding without question put.

Disorder.

34. Strangers present in the Senate Chamber must withdraw when called upon to do so by the Senator presiding.

Strangers to withdraw when ordered.

35. A Select Committee may continue its investigations and duties although Parliament may not be in session and shall not be dissolved until presentation to the Senate of its report or by the order of the Senate.

Select Committees continue during recess.

 

RULES OF THE HOUSE OF ASSEMBLY

TABLE OF CONTENTS

1.
Meetings.

2.
Quorum.

3.
Absence without leave.

4.
Temporary suspension of business.

5.
Power of Speaker to adjourn House or suspend sitting.

6.
Adjournment.

Rules relating to Order of Business, Order of Debate, Order in Debate, etc.

7.
Order of business.

8.
Order of debate.

9.
Order in debate.

10.
Limit of individual speeches.

11.
Irrelevance or repetition.

12.
Adjournment of debate.

Rules relating to Entering of Motions, Notices, Bills and Resolutions

13.
Entering of motions.

14.
Notice of Bills and Resolutions.

15.
Private Bills.

16.
Presentation of Bills.

17.
Amendments to Bills.

18.
Reading of Bills.

19.
Notice of money votes.

20.
Notice for Committee of whole House.

21.
Resolution not to be altered.

Rules relating to Chairman and Committees

22.
Chairman of Committee and House.

23.
Members of Committees.

24.
Public Accounts Committee.

25.
Committees not to sit while House sits.

26.
Quorum of select committee.

27.
Reports of committees.

Rules relating to Messages to Governor-General and the Senate and other matters relating to the Senate

28.
Messages to Governor-General.

29.
Messages to the Senate.

30.
Communications with the Senate.

Rules relating to Grants of Money, Accounts and Disqualification for Voting

31.
Grants of money.

32.
Accounts to be certified.

33.
Petitions from Public Officers.

34.
Reports on public establishments.

35.
Rejected claims.

36.
Disqualification for voting.

Rules relating to Maintenance of Order

37.
Disorderly conduct.

38.
Suspension of Member.

39.
Withdrawal of Members.

Rules relating to Privilege and Protection of Members and Admission and Conduct of Strangers

40.
Admission of strangers.

41.
Conduct of strangers.

Miscellaneous Rules relating to Minutes, Entering Division Lists, Recording Questions, Journals and  Papers and Proceedings

42.
Revision of minutes.

43.
Divisions.

44.
Yeas and nays.

45.
Recording questions.

46.
Journals and papers.

47.
Publishing proceedings.

48.
Dress.

49.
Practice of Parliament.

[ii] RULES OF THE HOUSE OF ASSEMBLY

(SECTION 32)

E.L.A.O., 1974

1. That the regular days of meetings of the House shall be Mondays, Tuesdays, Wednesdays and Thursdays as the business of the House may require; except in case of emergency, the House shall not meet on a Friday or a Saturday unless ordered by resolution of the House.

Meetings.

2. (1) That ten Members including the Speaker or other Member presiding be deemed a House to act as if all Members were present and to proceed to business.

Quorum.

(2) If a House shall not be formed within twenty minutes of the hour appointed for the meeting, the Speaker or in his absence the Deputy Speaker, or in their absence the Chief Clerk may cause an entry to be inserted in the journals of the House that the business appointed for that meeting stands adjourned until the next regular day of meeting.

(3) The Speaker or Member presiding at a sitting of the House shall adjourn the House without question but if there is no quorum five minutes after a Member has drawn the attention of the Speaker or the Member presiding to the absence of a quorum, and the House shall then stand adjourned until the next regular day of meeting.

3. That if any Member shall go off these Islands while the House is sitting, and shall be absent therefrom more than sixty days without the consent of the House, his seat shall be deemed vacated. If any Member shall go off these Islands while the House is not sitting, and shall be absent therefrom more than six months without, at the expiration of that time, any reasonable prospect of his return, his seat shall be deemed vacated. If any Member, having obtained leave of absence from the House, shall be absent from these Islands more than twelve months, his seat shall be deemed vacated, unless the House shall think fit to extend that leave at its next meeting.

Absence without leave.

4. That notwithstanding the provisions of Rule 9, if the business of the House is not concluded by one o'clock in the afternoon a motion for the suspension of business to a time named later that day may be moved, notwithstanding that some other measure may then be under debate. The question must be put forthwith, no debate or amendment being allowed. That if the business of the House is not concluded by seven o'clock in the evening a like motion may be moved, under the same terms, to suspend business to a time named on another day.

Temporary suspension of business.

During the suspension of a sitting. the Speaker, the mace being left upon the Table, shall retire from the House, and return at the appointed hour, when business is resumed without counting the House.

5. That in the case of grave disorder arising in the House the Speaker may, if he thinks it necessary to do so, adjourn the House without putting any question, or suspend the sitting for a time to be named by him.

Power of the Speaker to adjourn House or suspend sitting.

6. That the House at its rising each day shall, except when otherwise resolved adjourn to the hour of ten-thirty o'clock on the morning of the day appointed for its next meeting.

Adjournment.

Rules relating to Order of Business, Order of Debate, Order in Debate, etc.

7. That unless the House orders otherwise the business of each sitting shall be disposed of in the following order-

Order of business.

1. Prayers.

2. Reading of Roll of Members.

3. Communications by Mr. Speaker.

4. Introduction and swearing in of Members.

5. Communications by Minister.

6. Communications by Members.

7. Communications by Chief Clerk.

8. Messages from Governor-General.

9. Messages from the Senate.

10. Questions.

11. Motions for leave of absence, leave to resign seat and new writs.

12. Presentation of petitions.

13. Appointment of select committees.

14. Instructions to select committees.

15. Presentation of reports from select committees.

16. Adoption of reports from select committees.

17. Discharge of select committees.

18. Committees of whole House.

19. First reading of Bills.

20. Second reading and committal of Bills.

21. Third reading and passing of Bills.

22. Consideration of Senate's amendments.

23. Resolutions.

24. Notices for subsequent meetings.

8. That the Member who first rises to speak be heard first; and if two or more rise at the same time to speak the Speaker or chairman shall determine which shall speak first.

Order of debate.

9. That no Member be interrupted while speaking, and that no Member speak while sitting, also that no Member speak more than once to any point in debate, without leave of the House or Committee of the whole House. The mover of any substantive motion shall have the right of reply, but not the mover of an amendment to a substantive motion, or the previous question, or an instruction to a Committee: Provided that if the mover of a substantive motion fails to address the house on making the motion, he shall not reply until all who desire to speak have had an opportunity of doing so.

Order in debate.

10. That the mover of a substantive motion may not speak more than thirty minutes. The seconder of a motion may not speak more than fifteen minutes. No other Member may speak more than fifteen minutes. The mover of the substantive motion shall have the right of reply and may not speak for more than fifteen minutes: Provided that any Member may speak for such longer time as he may be granted leave by the house.

Limit of individual speeches.

11. That the Speaker, or in his absence the Deputy Speaker, or the chairman, after having called the attention of the House, or of the Committee, to the conduct of a Member who persists in irrelevance or tedious repetition either of his own arguments, or of arguments used by other Members in debate, may direct him to discontinue his speech.

Irrelevance or repetition

12. That when a motion is made for the adjournment of a debate, or of the House during any debate, or that the chairman of a committee do report progress, or do leave the chair, the debate thereupon shall be confined to the matter of such motion; and no Member, having moved or seconded any such motion, shall be entitled to move, or second, any similar motion during the same debate.

Adjournment of debate.

Rules relating to Entering of Motions, Notices, Bills and Resolutions

13. That when a motion has been made and seconded it shall be entered by the Clerk, and no other motion shall be made (except for an amendment, which must be written and presented to the Speaker, or the previous question) until the first motion shall have been put to the vote. Motions not seconded are not entered by the Clerk.

Entering of motions.

14. That, unless with the unanimous consent of the House, no stage of any Bill (except introduction and first reading) shall be moved, nor any Resolution adopted, nor any Rule suspended without notice of at least one day being given, and that a list of such notices stating the day appointed for discussing any Bill or Resolution be affixed to the Notice Board of the House.

Notice of Bills and resolutions.

15. That a Bill of a private nature shall not be introduced in the House except upon petition from the party or parties desiring such Bill or until a report has been made by a committee appointed to enquire into the allegations of such petition. Evidence of advertisement of the petitioner's intention in at least two newspapers in The Bahamas shall be required by the Chair at the time of the introduction of the Bill.

Private Bills.

16. That when any Bill shall be presented by a Member, in pursuance of an order of the House, or shall be brought from the Senate, the question "That this Bill be now read a first time" shall be decided without amendment or debate.

Presentation of Bills.

17. That all amendments to a Bill offered either in the House or in a committee of the whole House shall be relevant to the subject matter of the Bill.

Amendment to Bills.

18. That no Bill pass the House until it has had three readings; and that no Bill be read more than twice in one day.

Reading of Bills.

19. That the House will not agree to any motion for the granting of money until notice of such motion has been given for three days: and that before any Vote of Indemnity for the payment of money shall be passed by the House, the same shall have been thrice read and agreed to at three sittings of the House, notice of the second and third readings being given one day previous.

Notice of money votes.

20. That when a motion has been made for the appointment of a Select Committee to consider a matter, an amendment for the House to resolve itself into a committee of the whole House will not be entertained without the unanimous consent of the House or without notice of at least one day being given.

Notice for Committee of whole House.

21. That a resolution being taken on any matter under the consideration of the House, in the House, such resolution shall not be altered during the same session.

Resolution not to be altered.

Rules relating to Chairman and Committees

22. That when the Deputy Speaker is unavoidably absent or is in the Chair of the House, the House upon going into a committee of the whole House shall select a Member to take the Chair of such committee. The Speaker may at any time ask the Deputy Speaker or in his absence another Member to take the Chair temporarily: Provided that while the Chair is so occupied the Speaker shall not take any part in the business of the House.

Chairman of Committee and House.

That the House, upon going into a committee of the whole House on any matter reported from a select committee of which the Deputy Speaker is chairman, or upon any other motion for which the Deputy Speaker would normally be responsible, shall select some other person to take the Chair of the committee.

23. That the Speaker shall nominate and appoint Members for committees and messages, and any Member so appointed shall not be excused unless he has the consent of the House. The seconder of a motion for the appointment of a select committee shall not be appointed as a member of the select committee if the committee consist of less than five members.

Members of Committees.

24. That at the commencement of each new session of the House the Speaker shall nominate and appoint a Select Committee to be called The Public Accounts Committee. Such Committee shall consist of five members and must make at least one report to the House during the Session. not later than sixty days after the commencement of the Session.

Public Accounts Committee.

25. That no committee shall sit while the House is sitting without the consent of the House provided that any committee may sit while the business of the House is suspended.

Committees not to sit while House sits.

26. That in all select committees a majority of the members shall be a quorum.

Quorum of select committees.

27. That the House will not agree to the report of any committee until such report has been made one day.

Reports of committees.

Rules relating to Messages to Governor-General and the Senate and other matters relating to the Senate

28. That unless otherwise ordered, all messages sent to the Governor-General shall be carried by a committee consisting of not less than four members attended by the Third Clerk. The members of such committee shall meet in the Committee Room and proceed thence to Government House: Provided that if the House so orders, one Member of the House, being a member of the Cabinet, may be appointed to carry a message to the Governor-General.

Messages to Governor-General.

29. That all messages sent to the Senate shall be carried by the Chief Clerk attended by the Third Clerk.

Messages to the Senate.

30. That whenever a disagreement shall take place between the Senate and the House on the subject matter of any Bill or proposed amendment thereto, the reasons of the Senate shall be received, and those of the House delivered by Message, without a conference, unless otherwise desired by the Senate or specially ordered by the House.

Communications with the Senate.

Rules relating to Grants of Money, Accounts and Disqualification for Voting

31. That the House will not entertain any motion for a grant of money, except upon the recommendation or with the consent of the Governor-General signified by a Minister.

Grants of money.

32. That the House will not pass any account presented to the House by any individual unless such account be duly certified by some competent authority.

Accounts to be certified.

33. That the House will not entertain any petition or similar application from a Public Officer for increasing the salary of or otherwise remunerating a Public Officer: Similarly, the House will not entertain any petition or similar application from a Public Officer for a special pension until such Public Officer has retired, unless such petition or application is recommended by the Governor-General signified by a Minister.

Petitions from Public Officers.

34. That the House will not grant any sum of money for the use or support of any public establishment in The Bahamas until a statement of expenditure made up to such date as the House may require, showing the balance, if any, in hand, be laid before the House.

Reports on public establishments.

35. That if any petition, account or other claim for money be rejected in the committee of the whole House on the Estimates, Petitions and Accounts, and such rejection be afterwards affirmed by the House on the bringing up of the report of such committee, no motion for inserting in the Appropriation Bill any grant of money for the service, claim or demand set forth in such petition, account or other claim, shall be entertained at any stage of such Bill.

Rejected claims.

36. That upon any question of a grant of money to any Member of the House or in which any Member or Members may have direct and personal interest such Member or Members shall withdraw from the House or committee when the Speaker or Chairman is about to put the question to the vote.

Disqualification for voting.

Rules relating to Maintenance of Order

37. That the Speaker or the Chairman shall order Members whose conduct is grossly disorderly to withdraw immediately from the House during the remainder of the day's sitting; and should such Member fail or refuse to withdraw when so ordered the Speaker or Chairman may name such Member or Members in which event the procedure prescribed in Rule 38 shall be followed.

Disorderly conduct.

38. (1) That whenever a Member shall have been named by the Speaker or by the chairman, immediately after the commission of the offence of disregarding the authority of the Chair, or of persistently and wilfully obstructing the business of the House by abusing the Rules of the House, or otherwise, then if the offence has been committed by such Member in the House, the Speaker shall forthwith put the question, on a motion being made, no amendment, motion for adjournment, or debate being allowed, "That such Member be suspended from the service of the House", and, if the offence has been committed in a committee of the whole House, the chairman shall forthwith suspend the proceedings of the committee and report the circumstances to the House; and the Speaker shall on a motion being made forthwith put the same question, no amendment, motion for adjournment, or debate being allowed, as if the offence had been committed in the House itself.

Suspension of Member.

(2) If any Member be suspended under this Rule, the suspension on the first occasion shall be for the remainder of the day's sitting then in progress, and on the second occasion for a period of eight days, and on the third or any subsequent occasion for a period of one month.

(3) Not more than one Member shall be named at the same time, unless two or more Members, present together, have jointly disregarded the authority of the Chair.

(4) If a Member having abused a Rule of the House is not present in the House when the matter is brought to the attention of the Speaker or Chairman, then the procedure as set out in the foregoing subsections of this Rule will be followed at the first meeting thereafter at which the offending Member or Members are present in the House.

Rules relating to Privilege and Protection of Members and Admission and Conduct of Strangers

39. That when anything shall come into question touching the matter of privilege of any Member, he shall be entitled to remain in the Chamber of the House until the Speaker is about putting the question on such matter of privilege from the Chair, when he shall withdraw from the Chamber of the House.

Withdrawal of Members.

40. That the members of the Senate shall be allowed to sit within the Bar of the Chamber of the House, as well as any person who shall present a card of invitation signed by the Speaker; and other persons shall be allowed to sit without the Bar of the Chamber whenever seating accommodation is available subject to the provisions of the Rules.

Admission of strangers.

41. That strangers visiting the House shall not be allowed to express in any way either approval or disapproval of any speech, debate, or other proceeding of the House, and that on occasion arising, the Speaker, or in his absence the Deputy Speaker, may, if he thinks fit, order the withdrawal of strangers from the precincts of the House.

Conduct of strangers.

Miscellaneous Rules relating to Minutes, Entering Division Lists, Recording Questions, Journals and  Papers and Proceedings

42. That the Speaker, or in his absence the Deputy Speaker, shall revise the minutes of each meeting prior to the next meeting. The minutes shall be taken as read unless the House directs that they or some part of them be read in extenso.

Revision of Minutes.

43. After the question is put and before a division takes place the Prime Minister or the Leader of the Opposition or any three Members may demand that all Members within the precincts of the House be notified that a division is about to be taken and such division shall not be taken for a period of two minutes after an officer of the House reports to the Speaker or Chairman that the Members have been so notified.

Divisions.

44. That in questions where a division takes place the Prime Minister or the Leader of the Opposition or any three Members may demand the yeas and nays to be entered on the minutes.

Yeas and nays.

45. That it shall be the duty of the Clerk to record on the Minutes of the proceedings of the House all questions that may be asked in writing of any Minister and all replies that may be given thereto.

Recording questions.

46. That the Clerk shall deliver certified copies of all Bills passed by the House to the Cabinet Secretary. He shall not, without the particular leave of the House, deliver extracts from or copies of the journal or other papers belonging to the House to any person whatever except to Members of the House, who may at any time peruse the proceedings or papers and have copies thereof.

Journals and papers.

47. That the conductors of the several public journals of The Bahamas be allowed to publish the proceedings of the House.

Publishing proceedings.

48. (1) The dress of the Speaker and Officers of the House should be similar to that of the Speaker and officers of the House of Commons at ordinary sittings.

Dress.

(2) The dress of Members of the House should on ordinary morning meetings be striped trousers and a short black or charcoal grey jacket. The vest is optional. The Deputy Speaker, however, shall at all morning meetings wear full morning dress.

(3) The dress of the Members of the House for meetings commencing after 5 p.m. shall be dinner jacket or white mess jacket. The Deputy Speaker on these occasions shall wear full evening dress.

(4) On ceremonial occasions all Members shall wear full morning dress with the exception of the Officers of the House who shall wear dress similar to that of the Officers of the House of Commons.

49. That in cases of doubt these Rules shall be interpreted in the light of the relevant practice of the Commons House of Parliament of Great Britain and Northern Ireland. In any matter for which these Rules do not provide the said practice shall be followed, but no restrictions which the House of Commons has introduced by Standing Order shall be deemed to extend to the House or its Members until the House has provided a Rule for such restriction.

Practice of Parliament.

 


[i] Originally made under section 42 of the Constitution of the Bahama Islands contained in the Schedule to the Bahama Islands Order in Council, 1969 [S.I. 590 of 1969]. See Chapter 8, s. 32.

[ii] Originally contained in the Schedule to the House of Assembly (Powers and Privileges) Act (No. 12 of 1962). See Chapter 8.


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Last updated 2007-01-16