RULES OF PROCEDURE OF THE MANEABA NI MAUNGATABU
(With amendments approved on 22 April 2010 and 25 August 2010)
1. RULES OF PROCEDURE
These Rules of Procedure are made by the Maneaba ni Maungatabu for the regulation and orderly conduct of its proceedings pursuant to section 67 of the Constitution.
2. RIGHTS OF THE MANEABA
These Rules of Procedure shall not be deemed or construed in any way to diminish or restrict the rights, privileges, immunities and powers generally held or enjoyed by the Maneaba ni Maungatabu and its Members.
(1) In calculating a period of a day or days named in these Rules no accounts shall be taken of a Saturday, a Sunday or a Public Holiday.
(2) “Period of Public Emergency” has the same meaning as in the Constitution.
(3) “Meeting” means any sitting or series of sittings of the Maneaba ni Maungatabu commencing when the Maneaba first meets after being summoned at any time and ending when the Maneaba is adjourned sine die or at the conclusion of a session.
(4) “Member” means, unless the context otherwise requires, a Member of the Maneaba ni Maungatabu.
(5) “Question” may mean either (a) a question seeking information as provided in Rules 27 to 34 or (b) a question that is proposed or put by the Speaker and which has to be resolved by the Maneaba, for example, “That the motion be agreed to” or “That Clause 6, as amended, be agreed to”.
(6) “Secret Ballot” means a vote where the intention is that each Member’s vote is concealed or kept from the knowledge or view of others.
(7) “Session” means a period commencing when the Maneaba first meets after a presidential election and ending when the Maneaba has completed a full term of 4 years after its first meeting following a general election or is dissolved under section 78(1)(a) or section 78(1)(b) of the Constitution.
(8) “Sitting” means a period during which the Maneaba is sitting continuously without adjournment, and includes any period during which the Maneaba is in Committee.
(9) “Term” means a 4 years period starting from the first sitting day of the Maneaba immediately after the general election or a lesser period starting from such first sitting day to the day the Maneaba is dissolved through a no confidence or an issue of confidence motion in the Maneaba.
(10) “vote of expenditure” means a group of expenditure or output items in an Appropriation or Supplementary Appropriation Bill which are grouped under the name of a Government Ministry.
(11) A reference to the masculine gender in any of these Rules also means a reference to the feminine gender, where applicable.
4. PROCEEDINGS ON THE MEETING OF A NEW MANEABA
On the first day of the meeting of a new Maneaba following a general election and pursuant to the Speaker’s instruction, Members having met in the Chamber at the time appointed –
(1) Prayers shall be read by the Clerk who shall also read the summons of the Maneaba by the Speaker.
(2) The Clerk shall lay on the Table the list of names of the Members elected to serve in the new Maneaba, having been delivered by the Chief Electoral Officer.
(3) After the tabling of the names of the new Members the Chief Justice shall take the chair for the election of a Speaker.
5. OATH OF ALLEGIANCE
(1) No Member shall take part in the proceedings of the Maneaba (other than proceedings necessary for the purpose of this Rule) unless he has made before the Maneaba an oath of allegiance in the form prescribed by law. The oath of allegiance for members shall read:
“Ngai, ………….., I berita i matan te Atua ae moan te mwaaka/anga ma nanou ni koaua bwa N na kakaonimaki mani kaota au tangira ae e koaua nakon abara ae Kiribati ae e inaomata ao e bura ieta. Ao N na karaoi naba au mwakuri ae te Tia Tei ngai nakon ana Maneaba ni Maungatabu Kiribati iaan te eti ao te kakaonimaki.”
(2) The Chief Justice or the Speaker, as the case may be, shall administer the oath.
6. ELECTION OF SPEAKER
(l) The Chief Justice shall, after Members have made the oath of allegiance, call for nominations for the post of a Speaker.
(2) A Member may propose a candidate who is not a Member of the Maneaba, giving his name; age, occupation and Home Island and the Clerk shall record such details.
(3) (a) The election of the Speaker shall be vote by secret ballots, as defined under Rule 3 (6).
(b) If there are more than three nominees the first vote shall eliminate half the candidates, that is to say those obtaining the lower number of votes, and if there is an uneven number of candidates the person in the centre of the voting shall go forward to the next vote;
(c) The voting shall continue until there are only two candidates left and the candidate receiving the majority of the votes of all the Members shall be declared by the Chief Justice to be the Speaker,
(d) Provided that if at any stage of voting, a candidate receives an absolute majority of all the votes of all the Members the Chief Justice shall declare such candidate to be the Speaker.
(4) Subject to Sub-Rule (3) (a) of this Rule there shall be a written record of the voting and of the declaration of the successful candidate.
(5) The successful candidate shall be informed in writing by the Clerk as soon as practicable and such information signed by the said Clerk shall, subject to other rules and regulations, be proof of the candidate’s appointment as Speaker.
(6) (a) Each Member shall vote for one candidate only at each of the
(b) Since the purpose of the election is to appoint a Speaker acceptable to the Maneaba as a whole it is expected that every Member shall vote at every stage.
(7) If the elected Speaker is for any reason unable to take up his appointment, a new vote shall be taken.
(8) In the event of a dispute under this Rule the decision of the Chief Justice in consultation with the Maneaba, shall be final.
(9) The ballot papers for every stage of the election referred to under this Rule should be properly kept in case a candidate or a Member may wish to see them.
(10) The newly elected Speaker shall enter the Chamber and take his oath administered by the Chief Justice in front of the Members.
OATH OF SPEAKER OF THE MANEABA NI MAUNGATABU
“I, ________,. swear by Almighty God (or solemnly affirm) that I will faithfully bear true allegiance to the Independent and Sovereign Republic of Kiribati, and that I will justly, faithfully and honestly carry out my duties as Speaker of the Maneaba ni Maungatabu of Kiribati".
(11) Immediately after taking the oath the Speaker shall thank the House for the honour it has conferred on him. The Chief Justice shall then take his leave while the Speaker shall take the Chair.
(12) The Maneaba shall then proceed to the nomination of members to stand for the office of Te Beretitenti.
7. NOMINATION AND ELECTION OF NOMINEES FOR THE OFFICE OF TE BERETITENTI
(1). The Speaker shall then call for names of Members qualified and willing to stand for nomination for the office of Te Beretitenti in accordance with the provisions of Section 4 of the Election of the Beretitenti Act.
(2). If, at the end of the period or the extended period allowed by the Speaker for nominations, the names of only 3 or 4 members qualified and willing to stand have been given, the Speaker shall declare them to be the candidates nominated by the Maneaba for the purpose of Section 32 (2) of the Constitution and shall then adjourn the House.
(3). If, at the end of the period or the extended period allowed by the Speaker for nominations, the names of more than 4 members qualified and willing to stand have been given, the Speaker shall then suspend the sitting until a time, later the same day, for the sitting to resume and the selection of candidates for the office of Te Beretitenti to proceed.
(4). On the resumption of the sitting the Maneaba shall proceed with the selection of not less than 3 and no more than 4 nominees for the office of Te Beretitenti in accordance with the provisions of Section 5 of the Election of the Beretitenti Act.
(5). Following the selection of nominees for the office of Te Beretitenti the Speaker shall declare the nominees to be the candidates and shall then adjourn the House.
8. PRESIDING IN THE MANEABA AND IN COMMITTEE OF THE WHOLE MANEABA
(1) There shall preside at each sitting of the Maneaba –
(a) A Speaker who shall have full power to conduct each and every sitting of the Maneaba in compliance with these Rules;
(b) In the absence of the Speaker or when his office is vacant a private Member may be elected by the Maneaba to preside over the Maneaba as Speaker and who shall have the full powers of the Speaker for that sitting.
(2) The Speaker shall act as the Chairman of a committee of the whole Maneaba.
(3) The Speaker shall conduct and give directives during the proceedings of the Committee of the Whole Maneaba.
(4) It shall be the functions of the Speaker to –
(a) direct all the Members to follow the Rules of Procedure and the order of business before them;
(b) conduct the business of the Maneaba ni Maungatabu in compliance with these Rules;
(c) ensure that the business of the Maneaba is completed within the time planned for each sitting day or for each meeting; and
(d) in keeping with (c) above, ensure that the different sides of the Maneaba have a say in whatever is being deliberated upon even if it means limiting the number of spokespersons from each side of the Maneaba.
9. DUTIES OF THE CLERK
(1) The Clerk or any other officer of the Maneaba authorized by him shall keep minutes of proceedings of the Maneaba, committees of the whole Maneaba, Public Accounts Committee and other Committees established by the Maneaba.
(2) Subject to Rules 25, 30, 34, 36, 37, 52 and other relevant Rules, the Clerk shall receive all items submitted in writing by members for inclusion in the business of the Maneaba and shall forward them to the Speaker for approval or otherwise in accordance with these Rules.
(3) The Clerk shall submit the minutes of each sitting of the Maneaba to the Speaker for his approval and shall then distribute copies to Members. The minutes shall include also a record on the attendance of members, names of those who are ordered to withdraw from the Maneaba and the Rules breached.
(4) The Clerk shall prepare from day to day an Order Book showing all future business of which notice has been given and which the Speaker has approved for inclusion in the business of the Maneaba.
(5) The Clerk shall ensure that the Order Book is open for inspection by any Member during reasonable hours.
(6) The Clerk shall, upon receipt of items from Members and approval of the Speaker for such items, prepare Notice Papers containing such items and shall also ensure that copies of such Notice Papers are received by each Member.
(7) The Clerk shall, not later than 12 hours before each sitting, provide every Member with a copy of an Order Paper containing the business to be transacted at such sitting.
10. PARLIAMENTARY COUNSEL
There shall be a position of a Parliamentary Counsel whose role, among other things, is to provide legal advice to the Speaker and to private Members during all sittings of the Maneaba and to provide assistance to private Members in the drafting of Bills and amendments to Bills.
(1) There shall be a Sergeant-at-Arms who shall be a police officer.
(2) The Sergeant-at-Arms is responsible for the safety of the Speaker and the Members and shall carry out the order of the Speaker for the orderly conduct of the Maneaba.
(1) The Hansard record of the Maneaba shall be in Kiribati only but the notice paper, the order paper, the minutes of each sitting day may appear in both Kiribati and English.
(2) A Member shall address the Maneaba in Kiribati at all times.
(3) Whenever there is a conflict in meaning between the Kiribati and the English text of the documents mentioned in Sub-Rule (1) of this Rule the Kiribati text shall prevail.
13. LEADER OF THE OPPOSITION
(1) The Leader of the largest party in terms of its parliamentary membership which is not in Government or in coalition with a Government is entitled to be recognized as a Leader of the Opposition.
14. COMMENCEMENTS AND CONCLUSION OF MEETINGS
(1) There shall be at least three meetings of the Maneaba each year (excluding Special Meetings summoned under Rule 15) and each meeting shall sit for two weeks. Subject to the provisions of the Constitution and Rule 15, the House shall meet during the following months of the year: March – April, August – September and November – December.
(2) The Speaker shall be responsible for summoning the Maneaba and appointing a time and a place for meeting in accordance with the Constitution and these Rules.
(3) Notice of a meeting of the Maneaba shall be given by the Clerk to Members at least twenty one clear days before the meeting is to commence.
(4) Before the commencement of any meeting of the Maneaba, except for the meeting of the new Maneaba under Rule 22, Members may arrive in Tarawa, or whichever island the Speaker has appointed to be the venue for the meeting, not earlier than 14 days, inclusive of weekend days and public holidays, before the first sitting day of the meeting.
(5) A meeting of the Maneaba shall adjourn sine die by a resolution of the Maneaba on a motion moved by the Beretitenti or a Minister.
15. SPECIAL MEETING OF THE MANEABA
(1) The Beretitenti or one-third of the Members of the Maneaba may, subject to the Constitution and these Rules, advise the Speaker to summon the Maneaba at any time.
(2) The Speaker, acting upon the advice of the Beretitenti and after consultation with the Leader of the Opposition, may in case of a period of public emergency defined in Rule 3(2), dispense with such notice and call for the meeting at the earliest time convenient.
Upon taking the Chair at the commencement of each sitting, and a quorum of Members being present the Speaker reads the Prayer in the following terms -.
‘Te Atua ae moan te maaka ao akea tokim, ti kakoaua ma te nanorinano kainnanoan am kairiri iaon karaoan tibangara. Buokira ba ti na katikui baai ake a kaeti ma oin narora n tatabemanira nako ao ti na kakaraoa are nanom ibukin kabwaiaia kain Kiribati. Ti butiko ba ko na raonira n ara waaki ni karaoi tabera n te Maneaba ni Maungatabu aei ibukin ara botannaomata ba e aonga ni kateimatoaki te rau ao te eti ibukin neboakin mimitongin aram ae tabu.Ti a kaniiko n aikai iroun Iesu Kristo ae ara Uea. Amen’
17. DAYS AND HOURS OF SITTING
(1) During a meeting the Maneaba shall sit daily from Monday to Friday unless it has decided otherwise on a motion moved by a Minister. This Rule does not preclude the Maneaba from commencing a Meeting on a weekday other than a Monday.
(2) Unless the Speaker otherwise directs, all sittings shall be conducted from 10 a.m. to 12.30 in the morning and from 2 p.m. to 4 p.m. and from 4.30 p.m. to 6 p.m. depending on how Rule 18 and sub-Rules (3), (4) and (5) of this Rule are applied.
(3) At 6 p.m. the business shall be interrupted by the Minister and if the Maneaba is in committee the Maneaba shall resume:
Provided that –
(a) If the Speaker is of the opinion that the business then before the Maneaba could be concluded by a short deferment of the interruption he may so defer it.
(b) If a division is in progress the business shall not be interrupted until after the result of the division has been declared.
(4) Save as provided in Rule 18, there shall be no further business after the interruption.
(5) The Speaker at any time without putting any question may suspend a sitting for such period as he may determine and shall suspend the sitting as provided in Sub-Rule 7 (3).
(6) In accordance with Rules 7 (5) and Rules 18, 19 and 48 the Speaker may adjourn the Maneaba without question put.
18. PROCEDURE ON ADJOURNMENT
(1) After the interruption of business under Sub-Rule 17 (3) or at the conclusion of the business on the Order Paper, whichever is earlier, a Minister shall move - That the Maneaba shall now adjourn. This motion is open to debate, provided that:
- on the question for the adjournment of the Maneaba, a member shall be allowed a maximum of 5 minutes speaking time, matters not relevant to the question may be debated;
- the motion for the adjournment of the Maneaba may not be amended; and
- when the interruption referred to in Sub-Rule 17 (3) has been made at or after 6 p.m. the Speaker shall, after the expiration of half an hour after that interruption, adjourn the Maneaba without putting any question.
(1) The quorum of the Maneaba will be the number of Members that is one less than half of the total number of Members of the Maneaba, or in the event of an odd number of Members, one less than the closest number that is below one half.
(2) If objection is taken by any Member that there are present in the Maneaba or in a Committee of the whole Maneaba less than the quorum, the Speaker shall direct absent Members to be summoned.
(3) After the direction to summon Members is given in the Maneaba and a quorum is not then present the Speaker shall adjourn the Maneaba to the next sitting day.
(4) When the direction to summon Members is given in Committee of the whole Maneaba the Speaker after an interval of five minutes shall count the Committee and if a quorum is not then present the Maneaba shall resume and the Speaker shall count the Members present and –
(a) if a quorum is then present the Maneaba shall again resolve itself into Committee;
(b) if a quorum is not then present the Speaker shall adjourn the Maneaba to the next sitting day.
(5) If from the number of Members taking part in a division (including those who abstained from voting) it appears to the Speaker that less than a quorum is present he shall declare the division invalid and the question on which it was held shall stand over and the procedure prescribed by Sub-Rule (2) and (3) of this Rule shall be followed.
The Maneaba will be dissolved only in the event that –
(a) the Maneaba has completed a full term of four years from the first meeting of the Maneaba following a general election; or
(b) the Maneaba makes a resolution passed by a majority of all the Members to such effect in accordance with section 78 (1)(a) or section 78( l)(b) of the Constitution.
21. PRESENTATION OF THE MACE
(1) At the commencement of each meeting of the Maneaba, the conch shell shall be blown 2 minutes before the Sergeant-at-Arms proceeds to the Chamber carrying the Mace followed by the Speaker and the Clerk.
(2) As the Speaker enters the Chamber, Members and other persons in the Chamber and in the public gallery shall rise and shall remain standing until the prayer has been said.
(3) The Mace shall be placed on the top brackets of the Speaker’s table when the Speaker takes the chair.
(4) When the Maneaba is in Committee, the Mace shall be removed by the Sergeant-at-Arms from the top bracket of the Speaker’s table and shall be placed on the lower bracket until the Committee stage is over.
(5) At the end of the last sitting day meeting of the Maneaba, the conch shell shall be blown and the Sergeant-at-Arms shall remove the Mace from the Speaker’s table and proceed from the Chamber followed by the Speaker and the Clerk to the Speaker’s office. It shall be the duty of the Clerk to return the Mace to the Speaker’s office for safekeeping.
(6) As the Speaker leads the procession out of the Maneaba, Members and other persons in the Chamber and public gallery shall rise and shall remain standing until the Speaker has left the Chamber and the public gallery.
22. PROCEEDING AT FIRST MEETING OF A SESSION
At the first meeting of the Maneaba following a presidential election Members assemble together in the Chamber at the time appointed –
(1) The Speaker reads the Prayers prescribed in Rule 16.
(2) After Prayers Members who have not yet made an oath of allegiance shall do so.
(3) The Beretitenti may then address the Maneaba.
(4) Immediately after the Beretitenti has delivered his speech the sitting shall be adjourned until such day as the Speaker may determine, but the day shall not be within two days after the adjournment.
(5) On the day the Maneaba next meets a motion may be moved without notice in the following form:
“That an address, be presented to the Beretitenti as follows –
We the Maneaba ni Maungatabu of Kiribati beg leave to offer thanks for the speech which you have addressed to the Maneaba”.
(6) Debate on the motion shall not be limited to the terms of the motion but may range over the political, economical and social conditions of Kiribati.
(7) Amendments may be moved to the motion only by way of adding words at the end of the motion.
23. ORDERS OF BUSINESS AT OTHER SITTINGS
Subject to these Rules the business of each sitting other than the first sitting of a session shall unless the Speaker otherwise directs be transacted in the following order –
(a) Prayers (prescribed in Rule 16).
(b) Oaths of Allegiance
(c) Announcements by the Speaker
(d) Obituary and other ceremonial speeches
(f) Order of Government Business
(j) Bills and Motions
24. ARRANGEMENT OF BUSINESS
(1) Unless otherwise ordered by the Speaker or as provided in Sub-Rules (2), (3) and (5), of this Rule Government business shall, on each day of sitting, have precedence over all other businesses except that on Wednesdays and Fridays private Members Bills, motions, questions or other business shall have precedence over Government business.
(2) The Speaker may, after consultation with the Beretitenti and with the agreement of the sponsor of a Bill or the Member in charge of a motion, allow private Members’ Bills and motions to be considered by the Maneaba on any day on which Government business has precedence over all other businesses and the Government’s business has been concluded on that day.
(3) A motion to consider and accept a report of a Standing Committee or a Select Committee, other than the Public Accounts Committee, may, with the approval of the Speaker, be included in the business of the Maneaba on private Members’ day and on any day on which Government business has precedence over all other business and such business has been concluded on that day.
(4) A motion in relation to a report of the Public Accounts Committee may not be moved prior to the day following the tabling and distribution of the Government’s response to the report to Members.
(5) A motion in relation to:
(a) a report of the Public Accounts Committee, and/or
(b) the Government’s response to that report of the Public Accounts Committee
that is accepted by the Speaker and of which at least one day’s notice has been given (notwithstanding the provisions of Rule 37), shall have precedence over other Bills and motions in the order of business of the Maneaba on the third day following the tabling and distribution of the Government’s response .
25. PRESENTATION OF PETITIONS
(1) A private Member, on his own behalf or on behalf of his constituency or other members of the public, may, on a matter of concern that requires that the attention of the Government or a public response, present a petition to the Maneaba.
(2) Every petition shall be signed at the beginning thereof by the Member in charge of it and shall be deposited with the Clerk for the Speaker’s approval.
(3) No petition shall be received by the Maneaba until it has been approved by the Speaker and endorsed by the Clerk “passed by the Speaker”.
(4) The Speaker shall not approve a petition unless –
(a) it is addressed to the Maneaba;
(b) it is properly and respectfully worded;
(c) it has at least one signature and the address of the person signing on the sheet on which the prayer of the petition appears and has at least the prayer at the head of each subsequent sheet of signature;
(d) in his opinion it conforms to these Rules.
(5) No speech shall be made by a Member presenting a petition beyond a summary statement of the number and description of the petitioners and the substance of the petition.
(6) All petitions presented to the Maneaba shall be ordered to lie upon the table without question proposed or put unless the Member presenting it moves that it be referred to a Select Committee in which case that motion shall be decided forthwith without amendment or debate.
26. TABLING OF PAPERS
(1) Papers may be tabled in the Maneaba with a short explanatory statement of its contents by the Speaker, a Minister, or a Member. Reports of a Committee may be tabled in the Maneaba by the Chairman of the particular Committee.
(2) Where a Minister or a Member, apart from the Speaker, wishes to table a paper in the Maneaba under this Rule, the Speaker may reject any such paper if in his opinion such paper contravenes these Rules, the Constitution or is otherwise defamatory.
(3) The tabling of papers shall be entered into the minutes of the proceedings.
(4) All papers tabled in the Maneaba shall be laid upon the Table by the Clerk.
27. NATURE OF QUESTIONS
A private Member may address a question to the Government relating to a public matter –
(a) for which the Government is responsible; or
(b) concerning any body established by or under an Ordinance or Act.
28. QUESTIONS DAY
(1) Questions may be asked on any sitting day except on the first day of a session.
(2) On any day not more than twenty oral questions shall be asked.
(3) Subject to Rule 29 no questions shall be taken after 12.30 p.m. except questions which have not been answered in consequence of the absence of the Minister to whom they are addressed, and questions which have not appeared on the Order Paper but which are in the Speaker’s opinion of an urgent character and relate either to matters of public importance or to the arrangement of business.
29. QUESTIONS NOT REACHED ON ANY SITTING DAY
(1) Any question or questions contained in the Order Paper which have not been covered or dealt with by 12.30 pm on any sitting day of the Maneaba may be taken again and dealt with by the Maneaba on that day after the conclusion of all other business of the Maneaba as contained in the Order Paper for that day.
(2) Any question or questions not covered or dealt with on that day shall appear on the next day’s business.
30. NOTICE OF QUESTIONS
(1) Except under Rule 34 or, with the permission of the Speaker under Rule 31, a question shall not be asked without notice.
(2) A Member shall give notice of a question by delivering a signed copy thereof to the Clerk not less than 5 clear days before the day on which the answer is required but no later than 4 p.m. on the fourth sitting day of a meeting of the Maneaba.
(3) Answers to oral questions to which notice had been given are to be submitted to the Clerk no later than 4 p.m. on the eighth sitting day of a meeting of the Maneaba.
In the case of written questions, answers are to be submitted to the Clerk no later than the last day of the meeting.
(4) The question and reply shall be entered in the minutes of the proceedings.
(5) A Member shall not ask more than 7 questions for oral answer and 10 questions for written answer at a meeting.
31. QUESTIONS WITHOUT NOTICE
(1) Subject to Sub-Rule (2) of this Rule, a Member may, with the permission of the Speaker, on a Wednesday at a meeting, ask no more than one question at a meeting without notice. The question shall be of an urgent nature and relate to matters of public importance to the Nation; and
(2) The Speaker may permit the question to be asked without notice if he is satisfied that the question is of an urgent nature and that sufficient private notice of the question has been or is to be given by the Member to the Minister concerned to enable the question to be answered.
32. CONTENTS OF QUESTIONS
- A question shall not –
(a) contain a statement which the Member who asks the question is not prepared to substantiate;
(b) contain argument or opinion;
(c) ask a Minister an expression of opinion;
(d) ask a Minister for a legal opinion;
(e) refer to debates in the current session;
(f) refer to proceedings in a committee before that committee has made its report to the Maneaba;
(g) seek information about a matter which is of its nature secret;
(h) reflect on the decision of a court of law or be likely to prejudice a case pending in a court of law;
(i) be asked about the character or conduct of any person mentioned in Sub-Rule (6) of Rule 44 or of any other person except in his official or public capacity;
(j) contain a reference to more than one subject or be of excessive length;
(2) An answer shall be relevant to the question.
(3) Any oral question answered, but not dealt with in the Maneaba, may be asked again at a subsequent meeting.
(4) If the Speaker is of the opinion that a question infringes Rule 27 he may –
(a) direct that it be placed on the Order Paper with such alterations as he may determine; or
(b) refuse the question and direct that the Member concerned be informed that it is out of order.
(5) The Speaker may use his discretion to disallow questions if he is of the opinion that the information sought is conveniently and satisfactorily available outside the Maneaba.
33. ASKING AND ANSWERING OF QUESTIONS
(1) When each question is reached on the Order Paper the Speaker shall call the Member in whose name the question stands and the Member shall rise and read his question as it appears on the Order Paper.
(2) Any private Member may ask a supplementary question for the purpose of elucidating any matter of fact regarding which an answer has been given but not for the purpose of introducing matters not related to the original question:
Provided that the maximum number of supplementary questions relevant to the original question shall be three.
(3) Questions shall not be debated.
34. QUESTIONS NOT REACHED ON THE LAST DAY OF A MEETING
(1) At 12 p.m. on the last sitting day of a meeting of the Maneaba, if a Minister has not provided an answer to a question (oral or written) of which notice has been given to the Clerk, the Member who asked the question may address a question without notice to the Minister seeking an explanation as to why an answer has not yet been provided.
(2) The Clerk shall also print in the Journal, on a separate page, the terms of any question and its response where the response has been provided to him and which have not been dealt with in the Maneaba by the time the Maneaba has adjourned on the last day of a meeting.
(3) Any question, notice of which has been given and to which the Minister has not provided an answer to the Clerk when the Maneaba has adjourned on the last day of a meeting, shall, unless the question has been withdrawn, be printed by the Clerk in the Journal.
35. STATEMENT BY MEMBERS
(1) Any Member wishing to make a statement must obtain approval of the Speaker no later than 4.15 p.m. the day before the statement is to be made in order for the Clerk to indicate on the Order Paper the name of the Member wishing to make a statement and the subject of the statement.
(2) Contents of statements shall be confined to subject matters of national importance.
(3) The introduction of the statement shall not exceed 5 minutes.
(4) No debate may arise on such statement but the Speaker may allow not more than 5 short questions to be put to the Member making the statement for the purpose of elucidating it.
(1) A private Member may present a topic in the Maneaba relating to a specific matter of public importance which requires a response from Government.
(2) Except with the leave of the Speaker a topic shall not be presented without notice.
(3) A Member shall give notice of a topic by delivering a signed copy not later than three clear days before the sitting day on which it is to be presented.
(4) A Member shall not present more than three topics at a meeting.
(5) A topic shall not –
(a) contain a matter which can not be substantiated;
(b) contain argument or opinion;
(c) refer to proceeding in a committee before that committee has made its report to the Maneaba;
(d) reflect on the decision of a court or be likely to prejudice a case pending in a court of law;
(e) be about the private character or conduct of any person mentioned in Sub-Rule (6) of Rule 44 or any other person except in his official or public capacity;
(f) be open to debate;
(g) be vague and ambiguous so as to make it difficult for Government to prepare a response.
37. NOTICE OF MOTIONS AND AMENDMENTS
(1) Except as otherwise provided in these Rules no motion shall be moved unless notice of it has been given not less than three clear days before that on which the motion is to be considered by the Maneaba or Committee thereof, except that a motion of no confidence requires five clear days notice.
(2) Except as otherwise provided in these Rules no amendment shall be moved to a motion unless –
(a) notice of the amendment has been given not later than the day before that on which the motion concerned is to be considered; or
(b) the Speaker gives leave to dispense with notice of the amendment.
(3) Notice of motion or amendment shall be submitted to the Speaker who shall direct –
(a) that it be printed in the same terms within two days of receipt; or
(b) that it be returned to the Member signing it within two days as being in the Speaker’s opinion out of order.
(4) Subject to Sub-Rule (5) of this Rule a Member may move up to four motions at a meeting.
(5) Other motions seeking acceptance, approval or endorsement of a report or recommendations of a Standing or Select Committee or as provided by Rule 24 (5) may, with the consent of the Speaker, be moved not withstanding Sub-Rule (4) of this Rule.
38. CONTENTS OF MOTIONS
(1) A motion is a proposal made to the Maneaba by a Member that the Maneaba do something, order something to be done or express an opinion with regard to some matter. It must be phrased in such a way that, if passed, it will purport to express the judgment or will of the Maneaba.
(2) A motion shall not be on a subject, which relates to the interests of one island constituency only. Motions should concern subjects of national importance.
(3) Subjects which concern constituency, island and parochial matters should be raised in the form of a question.
(4) The Speaker may in his discretion disallow any motion or amendment which is the same in substance as any question which, during the same session, has been resolved in the affirmative or negative.
(5) The Maneaba shall not proceed upon any motion which in the opinion of the Speaker contravenes section 68(2) of the Constitution.
(6) No motion shall contain or deal with more than one subject matter at the same time.
39. MANNER OF DEBATING
(1) A Member called upon by the Speaker to move a motion shall rise and move the motion, stating its term, and shall then make such remarks as he may wish.
(2) When a motion has been moved, the Speaker shall propose the question thereon and debate may then take place on that question.
(3) The Speaker shall ensure that the debate is objective, factual and respectful of the Maneaba and may exclude a Member from a debate or a sitting, depending on the Speaker’s determination as to how far such Member has breached this Sub-Rule.
(4) A Minister shall have the first right of reply to any motion and amendments to a motion on a subject for which he is responsible.
(5) Amendments of which notice has been given or dispensed with may be moved to a motion at any time after the question thereon has been proposed.
(6) After all the amendments have been disposed of, the Speaker shall, if the case so requires, propose the question on the motion as amended and further debate may take place.
(7) No Members shall speak more than once on a motion or an amendment to a motion apart from the mover who can speak first and last on the motion or the amendment to the motion which he has moved or as provided in Rule 41 (7).
(8) When all actions required by Sub-Rules (2), (4), (5) and (6) of this Rule have been completed, the Speaker shall call on the mover of the motion to sum up. After the mover of the motion, or amendment thereto, has summed up no one else may speak and the Speaker shall put the question on the motion or on the motion as amended, whichever is applicable.
40. WITHDRAWAL OF MOTION AND AMENDMENT
(1) Notice of a motion or amendment to a motion may be withdrawn at any time before it is moved if the Member in whose name the motion or amendment stands gives instructions to that effect to the Clerk.
(2) A motion or an amendment to the motion which has been moved may be withdrawn at the request of the mover before the question is fully put thereon, if there is no dissenting voice.
41. TIME AND MANNER OF SPEAKING
(1) A Member shall speak standing and shall address his observations to the Speaker.
(2) No Member shall use offensive, rude or obscene languages when making speech.
(3) If two or more Members raise their hands at the same time to speak the Speaker shall select one of these Members in accordance with Rule 8 (4) (d) and call on him to speak.
(4) When a Member has finished speaking he shall sit down and any other Member wishing to speak shall raise his hand.
(5) A Member shall, wherever possible avoid referring to another Member by name.
(6) A Member may read extracts, books or papers in support of his argument and refresh his memory by reference to notes.
(7) A member who has spoken to a motion or amendment may again be heard, briefly, to explain some particular part of his speech which has been misquoted or misunderstood, but shall not introduce any new matter. The Member seeking to make an explanation must do so at the conclusion of the Member’s speech in question (or between speeches later in the debate) and not interrupt the Member speaking. No debatable matter shall be brought forward nor any debate arise on such an explanation and the Member making the explanation shall resume his seat immediately if directed to do so by the Speaker.
(8) Immediately before the question is put to the Maneaba or a Committee of the whole the Speaker shall call on the mover of the motion or amendment to reply if he wishes.
(9) No Member other than the mover of the motion or amendment shall without leave of the Speaker speak on a question after the Speaker has called on the mover under Sub-Rule (8) of this Rule.
(10) No Member shall speak on a question after it has been fully put by the Speaker to the Maneaba or a Committee of the whole for decision
(1) A Member shall not interrupt another Member except by rising to a point of order when the Member speaking shall sit down and the Member interrupting shall direct attention to the point which he wishes to bring to notice and submit it to the Speaker who shall make a decision.
(2) A point of order so raised shall –
- not be used as an opportunity to debate further; and
- draw the attention of the Maneaba to any breach of the Rules of Procedure;
43. DEFERMENT OF FURTHER DEBATE OR PROCEEDINGS
(1) A Member who has yet to speak on a question proposed by the Speaker in the Maneaba may move without notice that further debate be deferred and thereupon the question on the motion shall be put and determined without amendment or debate.
(2) If a motion under Sub-Rule (1) is agreed to, the debate on the question then before the Maneaba shall stand deferred and the Maneaba shall proceed on the next item of the business.
(3) If a motion under Sub-Rule (1) is negatived the debate on the question then before the Maneaba shall be continued and no further motion for deferment shall be moved during that debate except by a Minister.
(4) In like manner when the Maneaba is in Committee a Member may move that further proceedings of the Committee be deferred and if the motion is agreed to the Maneaba shall resume, but if it is negatived the Committee shall continue its proceedings.
(5) Whenever proceedings are deferred under this Rule they shall be set down on the Order Paper for continuation at a time to be fixed pursuant to Rules 23 and 24.
44. CONTENTS OF SPEECHES
(1) A Member shall restrict his observations to the subject under discussion and it shall be out of order to introduce matters irrelevant to the subject, in which case the Speaker may discontinue the Member’s speech. If the Member persists in introducing irrelevant matters the Speaker may exclude him from the debate or order him to leave the Maneaba Chamber.
(2) Reference shall not be made to a case pending in a court of law in such a way as might in the opinion of the Speaker prejudice that case.
(3) It shall be out of order to attempt to reconsider a specific question in which the Maneaba has taken a decision during the current meeting except on a substantive motion to rescind that decision made with the permission of the Speaker.
(4) It shall be out of order for a Member to use insulting and offensive language about any Member of the Maneaba. The Speaker shall warn the Member and if the Member continues to do so the Speaker may exclude him from the debate or may order such Member to leave the Maneaba Chamber depending on the Speaker’s determination of the seriousness of the breach.
(5) A Member shall not impute improper motives to another Member.
(6) The character or conduct of the Chief Justice, Speaker, Member of the Maneaba, Judges and the Public Service Commission shall not be raised, except in their official or public capacity.
7) If a Member speaks using insulting and offensive language against the Speaker, the Speaker shall warn him, but if a Member continues to do so the Speaker shall order him to leave the Chamber.
45. LENGTH OF SPEECHES
(1) A Member moving a motion or initiating a topic shall be allowed a maximum of 20 minutes speaking time. Other Members wishing to speak on a motion or a topic shall be allowed a maximum of 15 minutes for a motion and 10 minutes for a topic. Subject to Sub-Rule (2) of this Rule, the mover of the motion when called upon to sum up shall be allowed a maximum of 10 minutes.
(2) A Minister shall be given 15 minutes to reply to the mover of a motion and 10 minutes in respect of a topic.
(3) Where the Government in reply to the mover has included support for a motion or a topic moved or presented by a private Member, Members other than the mover and the Minister speaking in reply to the mover shall be allowed a maximum of 5 minutes for a motion and 5 minutes for a topic. Subject to Sub-Rule 2 of this Rule, the mover for the motion when called upon to sum up shall be allowed a maximum of 10 minutes.
When the Government has not indicated support for amotion or topic, the normal Rules will apply.
(4) The Clerk shall ring a warning bell or buzz 2 minutes before a Member’s speaking time expires and another bell shall be sounded at the expiration of his stipulated speaking time.
(5) Any time taken pursuant to Rule 42 of these Rules shall not be counted.
(6) A Member, other than a member in charge of a Bill, a Development Budget and a report of the Government or a committee of the Maneaba, shall be allowed no more than 30 minutes.
(7) A member shall be allowed no more than 5 minutes on the question for the adjournment of the Maneaba.
46. BEHAVIOUR OF MEMBERS NOT SPEAKING
During a sitting –
(a) Members shall enter or leave the Chamber of the Maneaba with decorum;
(b) Whenever a Member or the Speaker is speaking, all other Members shall be silent and any Member who contravenes this Rule shall be cautioned by the Speaker, but, if such Member continues to ignore such caution in the same sitting, the Speaker may order him to leave the Maneaba Chamber; and
(c) With the permission of the Speaker and subject to any conditions set by the Speaker, Members who are not speaking may use laptop computers in the Chamber, provided their use is not disruptive to the proceedings of the Maneaba or in any way disorderly and their use is restricted to assisting the member in the business of the Maneaba.
47. DECISION OF CHAIR FINAL
(1) The Speaker shall be responsible for the observance of the Rules of order both in Maneaba and in Committee of the whole Maneaba.
(2) The Speaker’s decision on a point of order shall be final.
48. ORDER IN THE MANEABA AND IN THE COMMITTEE OF THE WHOLE
(1) If a Member persists in irrelevance or tedious repetition of his own or other Members arguments the Speaker may direct him to discontinue his speech if it is just and proper in the circumstance.
(2) When the conduct of a Member is of a grossly disorderly nature, the Speaker shall order the Member to withdraw immediately from the Chamber and the Sergeant-at-Arms shall act on such orders as he receives from the Speaker in pursuance of this Rule.
(3) Any Member who is ordered to leave the Maneaba Chamber under Rules 39, 44, 46 and this Rule shall be suspended for 24 hours on the first occasion; three consecutive sitting days including the day of suspension on the second occasion during the same year or on the fourth occasion during the same term; ten consecutive sitting days including the day of suspension on the third occasion during the same year or the sixth occasion during the same term; three consecutive meetings on the fourth occasion during the same year or the eighth occasion during the same term; and the remainder of the term on the fifth occasion during the same year or the tenth occasion during the same term.
(4) A Member on retaking his seat after a period of suspension shall, at the first day of retaking his seat, make a brief statement of apology to the Maneaba and the Speaker.
(5) The Speaker may, where he is of the opinion that a serious disorderly situation has arisen in the Maneaba, suspend a sitting for such periods as he may determine or adjourn the Maneaba to the next sitting day.
(6) The Speaker shall without notice order a Member who behaves in a disorderly manner under the influence of alcohol to leave the Chamber.
49. DECISION ON QUESTION
(1) Subject to Sub-Rules (2) and (3) of this Rule, Sub-Rules 53 (5) and (6) and the provisions of the Constitution all questions put to the Maneaba or a Committee of the whole Maneaba for its decision shall be decided by a majority of the votes of the Members presenting and voting.
(2) In the case of a motion of no confidence in the Beretitenti or the Government, the question put on such motion shall be decided by the votes of a majority of all the Members of the Maneaba.
(3) In the case of a Bill to alter the Constitution, the provisions of section 69 of the Constitution shall be followed except for a Bill relating to the right of Banabans under Chapter III and IX of the Constitution, in which case section 124 of the Constitution is applicable.
(4) The person presiding shall have neither an original nor a casting vote unless he is a Member, in which case he shall not have an original vote but shall have and exercise a casting vote if on any question the votes are equally divided.
50. COLLECTION OF VOICES
(1) When the Speaker puts a question to the Maneaba or to a Committee of the whole Maneaba for its decision he shall first call on those Members who are in favour of the question to say “Aye” and then upon those who are against to say “No”.
(2) According to his judgment of the number of voices on either side the Speaker may then state that he thinks the Ayes have it or that he thinks the Nays have it, as the case may be.
(3) The Speaker shall conduct a division if –
(a) he is unable to judge the preponderance of votes on either side; or
(b) a Member challenges the judgment of the Speaker under Sub-Rule (2) of this Rule.
(4) If on any question the votes are equally divided and the Speaker is presiding, the Speaker shall declare that the Noes have it.
(1) Subject to Sub-Rule (2), when a division has been ordered the votes shall be taken by the Clerk who will ask each Member separately in alphabetical order how he wishes to vote. Each Member asked shall be addressed as an Honourable Member.
(2) The votes shall not be taken under Sub-Rule (1) unless the Clerk has first sounded the division bell or buzz for two minutes or, if no division bell or buzz is available, at least two minutes have elapsed since the division was ordered.
(3) A Member shall upon his name being called give his vote by saying "Aye” or "No" or by expressly stating that he abstains from voting.
(4) As soon as the Clerk has taken the votes the Speaker shall state the number and names voting for the "Ayes ", the number and names voting for the "Noes ", the number and names abstaining, and the number and names absent during the division and shall then declare the result of the division.
52. PUBLICATION AND PRESENTATION OF BILLS
(1) No Bill shall be presented to the Maneaba if the Bill and Explanatory Memorandum are not submitted 25 days before the day on which the Bill is to be presented to the Maneaba and then published in such manner as the Speaker may in each case direct; except that an Appropriation Bill or Bill or proposal dealing with taxation may be submitted to the Maneaba by a Minister without notice.
(2) Copies of all Bills and explanatory memoranda must:
(a) be printed in English and each explanatory memorandum must also be printed in the Kiribati language, and
(b) be lodged with the Clerk in paper and electronic form at the time of submission (or, in the case of an Appropriation Bill or Bill or proposal dealing with taxation, following their presentation.)
(3) Immediately upon publication of the Bill and its explanatory memorandum, copies thereof shall be sent by the Clerk to each Member and to each island council and town council in both paper form and, where possible, by electronic mail (email).
53. FIRST READING
(1) Upon the presentation of a Bill the Member in charge of it shall move that the Bill be read a first time and may give an exposition of its contents:
Provided that in the case of the Bill which in the opinion of the Speaker falls within the scope of Rule 59, the motion that the Bill be read a first time shall only be moved by a Minister.
(2) There may then be a debate on the merits and principles of the Bill.
(3) No amendment shall be moved to the question that the Bill be read the first time.
(4) If the motion for the first reading of the Bill is negatived no further proceedings shall be taken on that Bill for the rest of that session.
(5) If the motion for the first reading of the Bill is agreed to the Bill shall stand committed to a Committee of the whole Maneaba and shall not proceed earlier than the next meeting of the Maneaba or in the case of a Bill certified to be urgent by the Beretitenti or where by a majority of all the Members of the Maneaba expressly resolves to proceed with consideration of the Bill, consideration of the Bill shall not resume any earlier than the third day following the passage of the first reading.
(6) After the first reading of a Bill the Maneaba shall not proceed on any consideration of the Bill until the next meeting of the Maneaba unless the Bill in question has been certified in writing as urgent by the Beretitenti or unless, the by a majority of all the Members, the Maneaba expressly agrees to proceed with the consideration of the Bill.
(7) The Beretitenti must give at least one day’s notice of his intention to certify a Bill as an urgent Bill.
(8) Where a Bill has been certified as urgent, and before it is proceeded with at the Committee Stage, the Beretitenti shall give reasons in writing for so certifying such Bill as urgent. The Beretitenti’s explanation shall not be debated.
54. PROCEDURE IN COMMITTEE
(1) When a Bill is being considered in Committee of the whole Maneaba, Members shall not discuss the principles of the Bill but only the details.
(2) The Bill shall be considered clause by clause or if the Speaker finds it convenient by groups of clauses and subject to Sub-Rules (3), (4), and (5) a Member may propose such amendment to the Bill as he thinks fit.
(3) All amendments to a Bill including new clauses and schedules shall be relevant to the subject matter of the Bill.
(4) Notice of amendments proposed to be moved to a Bill shall be given not later than the day before that on which the Bill is to be considered in Committee and except with the leave of the Speaker no amendment of which notice has not been so given may be moved to a Bill:
Provided that amendments for the correction of errors of oversight may be moved without notice.
(5) An amendment which in the opinion of the Speaker falls within the scope of Rule 59 shall only be moved by a Minister.
55. SECOND READING
(1) When all the proceedings on a Bill have been concluded in Committee the Maneaba shall be deemed to have ordered the Bill to be set down for second reading and the order of the Maneaba shall be so recorded in the minutes of proceedings; and the Member in charge of the Bill may forthwith and without notice move the motion that the Bill be read a second time and do pass.
(2) The motion that the Bill be read a second time and do pass shall be decided without amendment or debate.
(3) If the motion that the Bill be read a second time and do pass is agreed to the Bill shall have been passed by the Maneaba and the Clerk shall read the short title of the Bill and shall write at the end of the Bill, “Passed by the Kiribati Maneaba ni Maungatabu this day…” giving the date.
(4) If the motion that the Bill be read a second time and do pass is negatived no further proceedings shall be taken on that Bill for the rest of the session.
56. WITHDRAWAL OF BILL
The Member in charge of a Bill may at the beginning but not after the commencement of the proceedings on the Bill at a sitting announce that he withdraws the Bill but may introduce it again in a future meeting within the period of twelve months of such withdrawal.
57. PRESENTATION OF BILLS FOR ASSENT BY THE BERETITENTI
A copy of every Bill passed by the Maneaba, certified as a true copy by the Clerk, shall be submitted by the Clerk to the Beretitenti for his assent.
58. ALTERATION OF CONSTITUTION
The procedures spelled out under section 69 of the Constitution shall be followed for all constitutional amendments Bills except for a Bill relating to the right of Banabans provided for under Chapter III and IX of the Constitution in which case section 124 of the Constitution is applicable.
59. RESTRICTION ON PROPOSALS FOR PUBLIC EXPENDITURE
No Bill may be introduced in the House, which in the opinion of the Speaker, will increase taxation or call on public revenue except by or on the recommendation of the Cabinet signified by a Minister as provided for in the Constitution.
60. PRESENTATION AND FIRST READING OF APPROPRIATION BILL
(1) Any Bill containing the estimated financial requirements for expenditure on all the services of the Government of Kiribati for the current or succeeding financial year shall be known as an Appropriation Bill and estimates containing the details of the said financial requirements shall be presented at the same time as any such Bill.
(2) After the motion for the first reading of the Bill has been proposed the debate thereon shall be deferred and shall be resumed not earlier than two days following.
(3) The debate when resumed shall be confined only to the financial and economic state of the country and the general principles of Government policy and administration as indicated by the Bill and estimates.
(4) The estimates shall upon presentation to the Maneaba stand referred to a Committee of the whole Maneaba and the Appropriation Bill upon being read a first time shall stand committed to that Committee.
61. PROCEDURE IN COMMITTEE ON APPROPRIATION BILL
On consideration of an Appropriation Bill in Committee of the whole Maneaba the following Rules shall apply –
(a) the clauses of the Bill shall stand postponed until after the consideration of the schedule or schedules;
(b) on consideration of the schedules each vote of expenditure shall be considered with the appropriate estimate and any reference in these Rules to an item means an item in estimate for the vote under discussion;
(c) on consideration of a schedule the Speaker shall call the title of each vote of expenditure in turn and shall propose the question "That the sum of …… dollars for the……… stand part of the schedules" and unless an amendment is proposed a debate may take place on that question;
(d) a Member may ask for clarification to be given on any item in the estimate for the vote under discussion;
(e) an amendment to any vote of expenditure to increase the sum allotted thereto whether in respect of an item or of the vote itself may be moved only by a Minister;
(f) an amendment to increase a vote shall take precedence over an amendment to reduce the vote in the same respect and if it is carried no amendment to reduce the vote in that respect shall be called;
(g) an amendment to any vote of expenditure to reduce the sum allotted thereto may be moved by any Member;
(h) an amendment to reduce a vote of expenditure without reference to an item therein shall be in order only if the vote is not divided into items;
(i) an amendment to leave out or omit any matter shall not be in order;
(j) when all the votes in a schedule have been disposed of the Speaker shall put forthwith without amendment or debate the question “That the Schedule (as amended) stand part of the Bill”;
(k) when every schedule has been disposed of the Speaker shall call successively each clause of the Bill and forthwith propose the question “That the clause stand part of the Bill” and unless a consequential amendment is moved that question shall be disposed of without amendment or debate;
(l) no amendment to any clause shall be moved except an amendment consequential on an alteration in the total sum appropriated by a schedule and any such consequential amendment shall be moved only by a Minister and the question thereon shall forthwith be put without amendment or debate;
(m) when the question on the last of any consequential amendment to a clause has been decided, the Speaker shall forthwith put the question, “That the clause as amended stand part of the Bill” and that question shall be decided without amendment or debate.
62. SUPPLEMENTARY APPROPRIATION BILLS
(1) If a Supplementary Appropriation Bill is presented to the Maneaba, estimates containing the details of the estimated supplementary financial requirements contained in the Bill shall be presented at the same time.
(2) The Maneaba shall proceed with every Supplementary Appropriation Bill in the same manner that it is required by these Rules to proceed with an Appropriation Bill:
Provided that debate on the motion for the first reading of the Bill shall not be required to be deferred.
63. STANDING COMMITTEES
The Maneaba may establish at the beginning of each term more than one Standing Committee and shall assign the function of whatever Standing Committee it wishes to establish and, unless otherwise ordered in these Rules, appoint no less than three and no more than five Members to serve on such Committee for the whole term (and see Rule 68 (1)).
64. BUSINESS COMMITTEE
(1) At the commencement of the first meeting of a session, the Speaker shall nominate for approval by the Maneaba the Chairman and not less than three but not more than five Members of the Business Committee which shall be a standing committee of the Maneaba.
(2) The Business Committee shall remain in being for the full session unless earlier dissolved by the Maneaba.
(3) The Business Committee shall perform the duties assigned or referred to it by the Maneaba or under these Rules including the arranging of private Bills, motions and other business on the order paper for sitting days on which private items have precedence over Government business.
(4) A Minister cannot be a member of the Business Committee but may take part in its deliberations and shall have no vote and cannot move any motion or amendment nor be counted in the quorum.
65. PUBLIC ACCOUNTS COMMITTEE
(1) The Speaker shall conduct an election by the Maneaba of three Members of the Public Accounts Committee at the first meeting of each session or at the first meeting after the Members’ 2 years term have expired. The Committee shall be a standing committee of the Maneaba.
(2) A Member may propose the Chairman and Members of the Public Accounts Committee.
(3) The term of the Members of the Public Accounts Committee is to be for 2 years and they shall cease to be Members of the Public Accounts Committee on the election of the new Members or on the dissolution of the Maneaba as the case may be.
(4) The functions of the Committee shall be to make recommendations to the Maneaba aimed at ensuring compliance with statutory requirements and good financial management practices and as provided for under the Constitution. In addition, the committee shall consider and report on any matter in relation to its functions that may be referred to it by the Maneaba. A reference from the Maneaba will take priority over other work of the Committee.
(5) The committee shall focus on matters of substance and report to the Maneaba on each of its inquiries with reasoned conclusions and recommendations.
(6) The Government shall table a report to the Maneaba in response to the recommendations of each report of the Committee on the first day of sitting of the following meeting of the Maneaba.
66. MANEABA PRIVILEGES COMMITTEE
(1) The Speaker after the election of the Public Account Committee shall conduct the election of the Privilege Committee which shall not exceed five members and which shall be a standing committee of the Maneaba.
(2) A Member may propose the Chairman and Members of the Privilege Committee.
(3) The Committee shall consider and report on any matters referred to it by the Maneaba ni Maungatabu relating to or concerning parliamentary privilege.
67. SELECT COMMITTEES
(1) All Select Committees shall be appointed on motions approved by the Maneaba and shall consider matters which the Maneaba may refer to such Committees.
(2) A Member wishing to establish a Select Committee shall give notice of the names of the Chairman and Members whom he propose to be Members of the Committee and indicate their agreement to serve on the Committee.
(3) A Select Committee shall, as soon as it has completed considering the matter referred to it, report to the Maneaba thereon and the Committee shall thereon be dissolved.
(4) If a Select Committee is of the opinion that it will not be able to complete consideration of the matter before the end of the session, it shall so report to the Maneaba.
68. GENERAL COMMITTEE PROVISIONS
The following provisions shall apply to both select and standing committees of the Maneaba:
(1) Unless otherwise ordered in these Rules, the Maneaba shall appoint no less than three and no more than five Members to serve on each select or standing committee for the whole term of the Maneaba. As far as possible; the overall membership of committees shall include Members representative of all parties and groups represented in the Maneaba.
(2) The deliberations of a Committee shall be confined to the matter or matters referred to it by the Maneaba or as set down in the Constitution or legislation.
(3) The sittings of a Committee shall be held in private unless the Committee otherwise directs. When deliberating, the sittings shall be always held in private. (See Sub-Rule 73 (1)).
(4) The Secretary to the Committee shall attend meetings of the Committee and shall keep the minutes of proceedings of the Committee.
(5) A Committee shall sit at the times determined by the Chairman and agreed to by the majority of the Members of the Committee.
(6) The Chairman of a Committee shall be as appointed by the Maneaba. If the Maneaba does not appoint a Chairman to a Committee the Committee, before proceeding to other business, shall elect a Chairman.
(7) If the Chairman is unable to be present at a meeting the Committee, the committee shall elect another Chairman whose tenure of office shall be for that meeting.
(8) The quorum for each Committee shall be two thirds of the Members of the Committee, a fraction of a whole number being disregarded.
(9) Divisions in a Committee shall be taken by the Secretary to the Committee separately by asking how a Member wishes to vote and the Secretary shall record the votes accordingly.
(10) Neither the Chairman of a Committee nor any other Member presiding shall vote unless the votes of other Members are equally divided, in which case he shall give a casting vote.
Examination of witnesses
(11) A Committee of the Maneaba may invite any person to give evidence before it and, in accordance with the provisions of Part V of the Privileges, Immunities and Powers of the Maneaba Ni Maungatabu Act 1986, may require persons so invited to give evidence on oath or affirmation or to produce a document.
(12) The evidence of a witness shall be taken down and shall be signed by him.
Premature publication of evidence and proceedings
(13) The evidence taken before a Committee and the proceedings and the report of the Committee shall not be published by a member of the Committee nor by any other person before the Committee has presented its report to the Maneaba.
(14) The Chairman of a Committee shall prepare a report of the findings of the Committee which has been considered by the Committee and shall amend it as required by the Committee and may record reference to any dissenting views so that the agreed report truly reflects the findings and opinions of the Committee.
(15) The agreed report of the Committee shall be signed by the Chairman and, together with the transcripts of the proceedings of the Committee and the minutes of evidence, shall be laid on the table of the Maneaba by the Chairman of the Committee.
(16) The publication of any report (and minutes of evidence and transcripts of proceedings) of a select or standing committee of the Maneaba that are tabled in the Maneaba is authorised by this Rule.
(17) If the Maneaba is not sitting when a Committee has prepared a report for tabling, the committee may provide the report to the Clerk and, on the provision of the report:
- the report shall be deemed to have been laid upon the Table of the Maneaba;
- the publication of this report is authorised by this Rule;
- the Chairman may give directions for the printing and circulation of the report;
- the Clerk shall record in the minutes of the proceedings of the day on which the Maneaba next sits the date on which the report was so delivered; and
- the Speaker shall lay the report, together with the minutes of the proceedings of the committee and the transcripts of evidence upon the Table at the next sitting of the Maneaba.
69. RULES AGAINST ANTICIPATION
A motion or amendment of which notice has been given and a Bill which has been placed on the Order Paper shall not be anticipated in any debate or question.
70. DELEGATION OF BUSINESS IN THE ABSENCE OF A MEMBER
(1) Whenever a Member through reason of illness, or otherwise, is unable to attend a sitting of the Maneaba, any business standing in his name may be pursued by any other Member so authorized by him in writing: Provided that a Minister shall not so authorize a private Member.
(2) Subject to Rules 32 (3) and (5) any business not delegated in accordance with Sub-Rule (1) above shall lapse and shall be removed from the Order Paper though the Member sponsoring the business may re introduce the matter at a later meeting of the Maneaba.
71. OFFICIAL REPORTS
(1) An official verbatim report of all speeches made in the Maneaba shall be prepared by the Clerk acting under such instructions as may be given by the Speaker.
(2) The report shall be published in such form as the Speaker may direct and a copy shall be made available to any Member upon request.
- The Journal of the meeting shall comprise –
(a) Minutes of Proceedings recorded by the Clerk;
(b) Acts or Bills that have been assented;
(c) Schedule of Petitions either brought forward to be presented during meeting and referred to Select Committees;
(d) Schedule of Select Committees;
(e) Schedule of Government Bills;
(f) Schedule of Private Members Bills;
(g) Schedule of Accounts and Papers laid upon the Table during Meeting;
(h) List of Republic and Private Bills passed; and
(i) List of Bills not proceeded with.
(j) List of all answered Oral and Written questions not covered during the meeting.
72. ADMISSION OF PRESS AND PUBLIC
(1) Members of the public and of the press shall be admitted as spectators at sittings of the Maneaba.
(2) The Speaker may make rules governing the admission of the public and the press, and the Clerk shall see that such rules are complied with.
Such rules shall be laid on the Table at the meeting and become effective unless rejected or amended by the Maneaba.
(3) The Speaker or the Presiding Member may not allow a stranger to remain within the precincts of the Maneaba or may remove a Member whom the Maneaba has ordered to be excluded from the Chamber in accordance with sections 15 to 17 of the Privileges, Immunities and Powers of the Maneaba ni Maungatabu Act.
73. WITHDRAWAL OF STRANGERS
(1) On a vote by a majority of the Maneaba or any of its Committees the Maneaba or the committee may elect to sit in private, either for the remainder of the day’s sitting or during the consideration of certain business.
(2) When the Maneaba or Committee has elected to sit in private the Speaker or the Presiding Member, shall order strangers to withdraw and the doors of the Chamber of the Maneaba shall be closed.
(3) When an order has been made by the Maneaba or Committee or by the Speaker or the Presiding Member for the withdrawal of strangers, members of the public and of the press, shall forthwith withdraw from the Chamber of the Maneaba and the Sergeant-at-Arms shall ensure that the order is complied with.
74. SUSPENSION OF RULES OF PROCEDURE
(1) Subject to Sub-Rule (2) a motion which has the object or effect of suspending any of these Rules may with the consent of the Speaker be moved without notice.
(2) No motion shall be moved which has the object or effect of suspending Rule 59.
75. PROCEDURE IN CASE OF DOUBT
The Speaker shall regulate the conduct of business in all matters not provided for in these Rules and shall do so in consultation with the Maneaba and having ensured that the different sides of the Maneaba have been consulted.
76. RULES AGAINST IMMEDIATE REINTRODUCTION OF ISSUES OR MATTERS ALREADY RESOLVED
Notwithstanding any of these Rules, no Bill, motion, amendment, question or any other matter or issue which is the same in substance as one already resolved in the affirmative or negative during one meeting of the Maneaba shall be proposed, introduced or raised again during the meeting of the Maneaba immediately following.
77. PARLIAMENTARIANS ATTIRE DURING MEETING
(1) Ladies - Respectable looking lady wear with formal footwear.
(2) Men - A long trousers or sulu with a collared shirt and a tie or a respectable looking formal safari, with formal shoes or sandals. Slippers, thongs and other outdoor/fishing sandals and all other informal footwear are not encouraged.
78. CODE OF CONDUCT
Members of the Maneaba ni Maungatabu hold a very honourable and distinguished position therefore every Member must at all times maintain the highest standard of behaviour to uphold and maintain the honour and dignity of the Maneaba ni Maungatabu.
Every Member must at all times endeavour to uphold the principles of the Constitution and the law.
PROCEDURES FOR THE CALLING FOR NOMINATIONS AND THE SELECTION OF NOMINEES FOR THE ELECTION OF THE BERETITENTI
Sections 4 and 5 of the ELECTION OF THE BERETITENTI ACT (CAP. 29a)
Calling for nominations
4. At the meeting of the Maneaba ni Maungatabu at which candidates for election as Beretitenti are to be nominated in accordance with section 32 (2) of the Constitution –
- The Speaker shall call for the names of members qualified and willing to stand for nomination; and
- If, at the end of the period allowed by the Speaker for names to be given, less than 3 names have been given, the Speaker shall extend this period for such period as he thinks proper until at least 3 names have been given; and
- If, at the end of the period or extended period referred to in paragraph (b), the names of only 3 or 4 members qualified and willing to stand have been given, the Speaker shall declare them to be the candidates nominated by the Maneaba for the purposes of section 32 (2) of the Constitution; and
- If, at the end of the period or extended period referred to in paragraph (b), the names of more than 4 members qualified and willing to stand have been given, an election shall be held by the Maneaba, in accordance with section 5 to select 4 candidates.
Selection of nominees
5. (1) At an election referred to in section 4(d), the provisions of this section apply.
- The method of voting shall be by secret ballot.
- There shall be two rounds of voting in which each member shall cast not more than a vote from among the candidates, and a member who is in the ballot may vote for himself.
- Any dispute arising out of or in connection with the election shall be determined by the Speaker, whose decision shall be final.
- When voting in the first round has been completed, the Speaker shall declare or cause to be declared the result of the voting in that first round and the two candidates with the greatest number of votes shall be duly nominated.
- The Speaker shall then call for a second round of voting exempting the two candidates with the greatest number of votes in the first round from the ballot but not from taking part in the vote.
- At the completion of voting in the second round, the Speaker shall declare or cause to be declared the result of the voting in that second round and the two candidates with the greatest number of votes shall be declared duly nominated.
- If an equality of votes is found to exist between any of the members in the ballot, the Speaker shall order any further ballot that he thinks necessary, and the procedure at any further ballot shall be in accordance with this section.”
 The Speaker who presided at the preceding Maneaba, who does not vacate office until the Maneaba first meets after a dissolution of the Maneaba (Constitution, Section 71 (4) (a)), appoints the time and place for the first meeting of the Maneaba after a general election. The meeting must be held within 30 days of the second ballot in a general election (Constitution, Section 77).
 Constitution, Section 70, Paragraph 3 of Schedule 1 of the Constitution sets out the form of the oath to be taken by Members of the Maneaba and makes provision for Members to make an affirmation.
 Subsection 73 (1) of the Constitution provides: Subject to the provisions of this Constitution, all questions proposed for decision in the Maneaba ni Maungatabu shall be determined by a majority of the votes of the members present and voting. The Constitution makes no specific provision requiring that every Member shall vote at every stage for the election of Speaker.
 Sections 4 and 5 on the Election of the Beretitenti Act are printed at the Appendix to these Rules.
 The Constitution, Section 74 (2). The number of Members currently required for a quorum is 22.
 For example, “That the motion be agreed to”. See Rule 3 (5).
 Rule 51 makes provision for the majority required for the decision on all questions proposed for the decision on questions put to the Maneaba (Constitution, Section 73), the majority required in the case of a motion of no confidence in the Beretitenti or Government (Constitution, Section 33 (2)) and a Bill to alter the Constitution (Constitution, Section 69 (2)). The Constitution also makes provision for the removal of the Speaker by a resolution supported by the votes of not less than two thirds of all Members of the Maneaba (Section 71 (4)) and the removal of the Beretitenti on grounds of incapacity by a majority of all members of the Maneaba (other than the Beretitenti) (Section 34 (2)).
 Section 115 (1) of the Constitution provides that there shall be 3 members of the Public Accounts Committee.
 The Constitution, Section 115 (4).