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Standing Orders of the Chamber of Peers of Nouvelle Alexandrie

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Standing Orders of the Chamber of Peers
Rules of procedure of the Chamber of Peers
Overview
Type Resolution of the Chamber of Peers
Chamber Chamber of Peers
Territorial extent Federation of Nouvelle Alexandrie
Presiding officer Lord President of the Chamber of Peers
Adoption and amendment
Constitutional basis Article 38(4), Proclamation of Punta Santiago
First adopted 1st Cortes Federales
Adoption Two-thirds vote of the Chamber of Peers
Amendment Two-thirds vote of the Chamber of Peers
Status In force
Part of a series on the Cortes Federales
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The Standing Orders of the Chamber of Peers of Nouvelle Alexandrie (Alexandrian: Règlement de la Chambre des Pairs; Martino: Reglamento de la Cámara de los Pares; Wechua: Pares Wasipa Kamachiynin) are the rules of procedure that govern the conduct of business in the Chamber of Peers, the upper house of the Cortes Federales. They set out the powers and duties of the Lord President, the office of the Clerk, the rights of Peers, the organization of parliamentary parties, and the procedures by which bills, motions, and resolutions are brought before the chamber.

The Standing Orders rest on Article 38 of the Proclamation of Punta Santiago, which directs the Federal Assembly and the Chamber of Peers to each lay down their own rules of procedure. They take the form of a resolution of the Chamber rather than an Act of the Cortes Federales, and so do not require Royal Assent or the concurrence of the Federal Assembly. The orders were first adopted under the 1st Cortes Federales, which convened after the general election of 1693. They enter into force, and may be amended, only by a two-thirds vote of the Chamber of Peers.

Constitutional basis

Article 38(4) of the Proclamation of Punta Santiago provides that the Federal Assembly and the Chamber of Peers shall each lay down their own Standing Orders, adopt their budgets autonomously, and by common agreement regulate the rules for the personnel of the Cortes Federales. Article 38(6) directs each chamber to establish its own voting procedures. Article 39(11) names the Lord President of the Chamber of Peers as the presiding officer of the upper house. The Standing Orders give effect to these provisions for the Chamber.

The Chamber of Peers is the revising house of the Cortes Federales. Under Article 39(2) of the Proclamation, it comprises the Peers of the Realm and distinguished citizens drawn from various sectors of society. In the legislative process the Federal Assembly holds supremacy. A bill the Assembly has passed that receives no action in the Chamber within 60 AN days is deemed passed and sent to the King for Royal Assent. The Standing Orders govern how the Chamber conducts its sittings within that framework rather than the path of a bill to Royal Assent, which the Cortes Federales Act, 1694 sets out.

Adoption and amendment

The Standing Orders enter into force upon passage by two-thirds of the Chamber of Peers. Any Peer may propose an amendment, which must be seconded by another Peer and carried by a two-thirds vote of the Chamber. The same threshold applies to adoption and to later revision.

Organization of the Chamber of Peers

The first part of the Standing Orders defines the chamber and its membership and establishes the offices of Lord President and Clerk.

Membership of the Chamber consists of those granted or inheriting a place in the Peerage of Nouvelle Alexandrie at the pleasure of the King. Membership continues until death or removal from the Peerage. A Peer aged at least 25 has the right to speak in debate, to vote on questions put to the Chamber, and to submit legislation, together with the other rights of the office set out in the Proclamation. The Chamber meets at the seat of the Cortes Federales in Cárdenas, unless moved elsewhere for extraordinary reasons established by law.

The Lord President is the presiding officer and is charged with applying the Standing Orders, administering discipline, and conducting the business of the Chamber. The Lord President must be impartial and must give up any affiliation with a parliamentary party or outside body for the duration of the term. Election takes place on the first day of the Chamber's sitting, in proceedings presided over by the King or a royal designate. A motion of no confidence in the Lord President may be proposed by any two Peers and carried by a majority of the Chamber, but only once in each session year. When the Lord President is absent or incapacitated, a Peer appointed by the King presides.

The Lord President may appoint and dismiss a Clerk of the Chamber of Peers, along with any Associate Clerks, with the consent of a majority of the Chamber. The Clerk and Associate Clerks must be impartial and free of party affiliation for the duration of their service. The Clerk must be a Peer of the Realm who sits in the Chamber, a requirement from which Associate Clerks are exempt. A Clerk or Associate Clerk may be removed by a motion of no confidence proposed by any two Peers and carried by a majority, again no more than once in a session year. When the Clerk is absent or incapacitated, an Associate Clerk may serve as Acting Clerk.

Conduct of business

The second part of the Standing Orders governs order in the chamber, the standing of parties, and the handling of bills, motions, and votes.

Order and discipline

A member may not speak while another holds the floor, unless that member has failed to make remarks within the time the Lord President has set. Members rise to speak and resume their seats when finished, with sitting down taken as yielding the floor. All remarks are addressed to the Lord President, in any official language of the Federation, and members refer to one another by title rather than by name. Parliamentary language is required at all times. Remarks that are rude or offensive, or that impugn the motives, honour, or reputation of another Peer, are out of order, and an unproven accusation that the Chamber is being misled is treated as impugning another member's honour. The Lord President may demand an apology and retraction, name a member, and suspend that member from the service of the Chamber for up to 24 hours. Where order is grossly violated, the Lord President may suspend the sitting for the same period.

Parliamentary parties

Peers may organize into parliamentary parties. Each party regulates its own membership, informing the Lord President of changes, and regulates its own internal procedure where these rules are silent. A party is represented in procedural matters and policy debate by a leader chosen from among its members or a designated spokesperson announced in advance. The Lord President, or the Clerk where the task is delegated, maintains a public record of the chamber's parties, their members, and their internal rules.

Bills

Any Peer may introduce a bill in the prescribed form, after which it is placed in the Hopper to await debate. Government bills are brought forward as government business at the earliest opportunity at the request of the President of the Government or a designated government member. In an ordinary week, the government may bring up to two bills, with one further slot reserved for a private member's bill endorsed by at least 35 percent of Peers. Once each session the government designates an Opposition Week, during which the Official Opposition presents two bills and the third largest party one, and the government introduces no bill of its own except by leave of an opposition party or by unanimous consent. If the Official Opposition presents one bill or fewer, the third largest party may present two. Parties together representing a majority of the chamber may also bring bills forward.

A bill is debated for 72 hours on the question that it be read and do pass, unless the Lord President extends the time on a procedural motion or a request from the floor. The Chamber first calls the Peer who introduced the bill to speak in its defence, allowing 24 hours for the purpose. Any Peer may move an amendment, defining clearly what is to be changed; if the sponsoring Peer does not accept the amendment as friendly, it is put to a vote.

Motions and resolutions

A Peer may introduce a resolution expressing the opinion of the Chamber in the prescribed form, and may set out the reasons for it, along with any supporting findings, in the same submission. Such resolutions are taken either as government business or, for private members, with the endorsement of at least 35 percent of Peers. The Lord President brings motions and resolutions to debate as soon as possible, and no more than two are debated at once unless a majority of the chamber requests immediate consideration of a particular motion. The government, a majority of the chamber, or the Official Opposition once a week may move that the question be put. Where no such move is made, debate ends after 72 hours unless extended, and a motion may be amended only with the agreement of its sponsor. Motions the Chamber adopts under this part are treated as resolutions of the chamber.

Discussion and votes

The Chamber follows a distinct sequence for bills. On introduction of a bill to the floor, a 24-hour window opens in which Peers register an intention to speak or move to vote without further discussion. A move to vote without discussion, once seconded, brings an immediate vote, and the bill passes only with the affirmative votes of two-thirds of the Peers in the Chamber; failing that, the bill remains for discussion. After the window closes, the Lord President opens the bill to discussion for a further 48 hours, beginning with the registered speakers, and the bill goes to a vote at the end of that period. Peers in favour say "Aye", "Oui", or "Si", those against "Noe" or "Non", and may instead indicate an abstention. Unless otherwise provided, a question is carried by simple majority of the voting Peers.

Procedural motions and points

The Lord President gives effect to a procedural motion at the request of a majority in the Chamber once that support is certified. Any Peer may move that debate be extended for 24 hours, or, during discussion of a bill, that the question be put before time has expired, in which case debate concludes and the question goes to a vote once any amendments are settled. Any Peer may raise a point of order on a breach of the rules; no Peer debates another's point of order, and the Lord President rules within 24 hours.

The Standing Orders set out a list of motions the Lord President may entertain, in order of precedence: a point of order, a parliamentary inquiry, an appeal from a ruling of the Lord President, a motion to reconsider, and a motion to adjourn. A point of order is not debatable, and the Lord President rules it well taken or not well taken; an appeal from that ruling goes to the chamber, where a majority voting no is required to overturn the Lord President, with at least 12 hours set aside for debate. A motion to reconsider is in order only from a member who voted against the item, only during the current session, and only once for a given item. A motion to adjourn, for a period not exceeding two weeks, may be entertained no more than twice in a calendar month; while the Chamber stands adjourned no business is taken unless the Lord President recalls it for an urgent reason after consulting the Council of State.

Text of the Standing Orders

STANDING ORDERS OF THE CHAMBER OF PEERS

THE READING OF
A
RESOLUTION
TO
PROVIDE FOR THE STANDING ORDERS OF THE CHAMBER OF PEERS.

Presented by the Council of State
Ordered, by the Cortes Federales of Nouvelle Alexandrie,
to be Printed.

BE IT RESOLVED by the Chamber of Peers, in this present session assembled, and by the authority of the same, as follows:-


PART I
ORGANIZATION OF THE CHAMBER OF PEERS

1. The Chamber of Peers and its members.

  1. The Chamber of Peers of Nouvelle Alexandrie shall consist of those who have, at the pleasure of H.M. the King, been granted or inherited a place in the Peerage of Nouvelle Alexandrie; their membership of the Chamber of Peers shall continue unless and until death or until removal from the Peerage.
  2. All members of the Chamber of Peers shall, provided they are at least twenty-five years of age, have the right to speak in debates, cast votes on questions posed to the Chamber, and submit legislation to the Chamber, and all other rights of the Office delegated to it in the Proclamation of Punta Santiago.
  3. The Chamber of Peers shall meet at the Cortes Federales building complex in Cárdenas, unless otherwise moved for extraordinary reasons, as established by law.

2. The Lord President of the Chamber of Peers.

  1. The Lord President of the Chamber of Peers shall be the Presiding Officer of the Chamber; and shall be charged with the implementation of these Standing Orders, the administration of discipline, and the smooth conduct of the business of the Chamber of Peers.
  2. The Lord President shall be totally impartial; and shall renounce any affiliation with any parliamentary party or extra-parliamentary body for the duration of their service to the Chamber.
  3. The Lord President shall be elected on the first day of the sitting of the Chamber in proceedings presided over by H.M. the King or his designate.
  4. The Lord President may be removed by a motion of no confidence proposed by any two Peers and subsequently supported by a majority of the Chamber.
  5. A motion of no confidence may only be moved once per session year.
  6. In times of absence or incapacitation of the Lord President, a Peer appointed by H.M. the King shall preside over the Chamber.

3. The Clerk of the Chamber of Peers.

  1. The Lord President of the Chamber of Peers may appoint and dismiss a Clerk of the Chamber of Peers, as well as any Associate Clerks they may ordain, with the consent of a majority of the Chamber.
  2. The Clerks and Associate Clerks shall be totally impartial; and shall renounce any affiliation with any parliamentary party or extra-parliamentary body for the duration of their service to the Chamber.
  3. The Clerk of the Chamber of Peers must be a Peer of the Realm who is a member of the Chamber of Peers. Associate Clerks are exempt from this requirement.
  4. The Clerk and/or Associate Clerks may be removed by a motion of no confidence proposed by any two Peers and subsequently supported by a majority of the Chamber.
  5. A motion of no confidence may only be moved once per session year.
  6. In times of absence or incapacitation of the Clerk of the Chamber of Peers, an Associate Clerk may step up to serve as Acting Clerk, appointed by the Lord President.

PART II
BUSINESS OF THE CHAMBER OF PEERS

4. Order of the Chamber.

  1. In the plenary session of the Chamber, members shall not speak when another member has been called to do so by the Lord President unless they neglect to make their remarks within the time limit the Lord President has set for them.
  2. Members shall rise to speak in the Chamber, and sit down following the conclusion of their remarks; sitting down is seen as sufficient indication of yielding the floor.
  3. Members shall address all their remarks to the Lord President; they may do so in any official language of the Federation, inferred by the language they choose to address the Lord President in; they shall refer to fellow Peers by their titles rather than by their names.
  4. Members shall at all times use parliamentary language; they shall refrain from remarks that are rude, offensive or impugning of the motives, honour, or reputation of other Peers; unless proof is given, accusations that the Chamber is being misled shall be considered to impugn the honour of another Peer.
  5. When the Lord President notes a violation of order 4(4), they may demand an apology and retraction of the member; if none is made, then the Lord President may name the member and suspend them from the service of the Chamber for at most 24 hours.
  6. The Lord President may call to order any member violating the provisions of this article; for repeat offences, they may name the member and suspend them from the service of the Chamber for at most 24 hours.
  7. Where the Order of the Chamber is grossly violated, the Lord President may suspend the sitting of the Chamber for up to 24 hours.

5. Parliamentary parties.

  1. The members of the Chamber of Peers may organize in groups referred to as Parliamentary Parties.
  2. Parliamentary Parties shall regulate their own membership, giving notice to the Lord President of mutations therein.
  3. Parliamentary Parties shall regulate their own procedures where no rules are prescribed by these Standing Orders for their conduct.
  4. Each Parliamentary Party will be represented by a Leader selected from amongst its members, or a designate announced in advance to the Lord President by these individuals, in procedural matters and debates on matters of general policy.
  5. The Lord President of the Chamber of Peers, or the Clerk of the Chamber if the Lord President has delegated the task to them, shall maintain a record of the Chamber of Peers' Parliamentary Parties, their members, and their inner regulations for the public.

6. Business of the Chamber of Peers: bills.

  1. Bills may be introduced to the Chamber by any Peer in the form prescribed by the law; they shall be placed in the Hopper to await debate.
  2. Bills shall be brought to debate as Government Business at the earliest possible opportunity at the request of the President of the Government or a designated member of the Government charged with Government Business in the Chamber.
  3. Each week, up to two bills may be brought forward at the request of the Government, with up to one additional bill being allotted to a Private Members bill that has been endorsed by at least 35% of the Peers of the Chamber to be placed by the floor as determined by the Lord President.
  4. Once per session, the President of the Government shall designate a week to be "Opposition Week". The Official Opposition party shall be allocated 2 bills to present to the Chamber, and the 3rd largest party of the Chamber shall be allocated 1. The Government shall not introduce a bill during this week, unless leave is given by an Opposition Party or by unanimous consent. In the event the Official Opposition only introduces one or fewer bills, the 3rd largest party may present 2 bills.
  5. Bills may be brought forward on the business of the Chamber at the request of Parliamentary Parties representing a majority in the Chamber.
  6. Bills shall be debated for 72 (seventy-two) hours on the question "that the bill be read by the Chamber of Peers and do pass", unless extended by the Lord President acting on a procedural motion or request from the floor.
  7. In debates on bills, the Chamber shall first call on the Peer who introduced the said bill to speak in its defence; the said Peer shall have 24 hours to do so.
  8. Any Peer may move to amend the bill, providing they clearly define what is amended; and should the amendment not be accepted as friendly by the sponsoring Peer, it shall be put to a vote.

7. Business of the Chamber of Peers: motions and resolutions.

  1. Resolutions expressing the opinion of the Chamber may be introduced to the Chamber by any Peer formulated in the format prescribed for such resolutions; they may, in the same post, describe their motivations for moving the said resolutions and provide any findings or information to further support their resolution.
  2. Such resolutions may only be introduced as Government business, or by private members with the endorsement of at least 35% of the Peers of the Chamber.
  3. Motions and resolutions shall be brought forward to debate as soon as possible by the Lord President; and no more than two motions shall be debated at the same time unless Parliamentary Parties representing a majority of the Chamber request the immediate consideration of a particular motion.
  4. The Government, Parliamentary Parties representing a majority of the Chamber, or the Official Opposition at most once a week, may at their discretion move motions to a vote by moving "that the question be put".
  5. Should no such move as described in 7(4) be made, debate shall end after 72 hours unless it is extended by the Lord President acting on a procedural motion or request from the floor; motions may only be amended by agreement of the Peer sponsoring it.
  6. Motions adopted by the Chamber under this section shall be taken to be resolutions of the Chamber.

8. Discussion and votes.

  1. Upon the introduction of any Bill to the floor of the Chamber, there shall be allotted a period of 24 hours in which it shall be permitted for Peers to register an intention to speak on the Bill, or to move to vote on the Bill without further discussion.
  2. Should a move to vote without discussion be seconded by another Peer, the vote shall immediately take place. The Bill must obtain the affirmative votes of two-thirds of the Peers in the Chamber in order to be passed by the Chamber; otherwise the Bill shall remain in the Chamber for discussion.
  3. After the expiration of the previous 24-hour period, the Lord President shall open the Bill to discussion for a further 48 hours, beginning with the speeches of those Peers who had previously registered to make them. The bill shall be moved to a vote at the end of this period.
  4. Peers in favour of the motion shall say "Aye" (alternatively "Oui", "Si"), the contrary "Noe" (alternatively "Non"); Peers may indicate an abstention.
  5. Unless otherwise noted, a question shall be resolved in the affirmative by simple majority of the voting Peers.

9. Procedural motions and points.

  1. The Lord President shall implement a procedural motion at the request of a majority in the Chamber as soon as such support is certified.
  2. Any Peer may move "that debate be extended for 24 hours" as a procedural motion; if support for the motion is registered under 9(1), debate shall then be extended by the Lord President.
  3. Any Peer may move in discussion on a bill "that the question be put" before time has expired; if support for the motion is registered under 9(1), debate shall then be concluded by the Lord President and the question put to vote, provided that any votes on amendments have been concluded.
  4. Any Peer may direct the attention of the Lord President on a point of order to violations of these rules; no Peer shall debate another Peer's point of order; and the Lord President shall rule on these points of order within 24 hours.

10. Motions deemed in order by the Chamber.

  1. The Lord President may entertain the following motions made by a Peer of the Chamber, in order of precedence:
    1. Point of Order: A member may make a point of order if they believe that a standing order has been violated by a member of the Chamber. A Point of Order is not debatable, but a member may briefly state what rule or rules they believe have been violated and ask for a ruling from the Lord President.
      1. The Lord President must then rule whether or not the point of order is well taken (agreed) or not well taken. If a point of order is well taken, then the Lord President must take the appropriate action to bring the Chamber back in order.
      2. The Lord President's ruling on a point of order may be appealed to the Chamber by a motion to appeal the ruling of the Lord President.
    2. Parliamentary Inquiry: A member may make a parliamentary inquiry to ask the Lord President for advice or clarification on a matter related to the rules of the Chamber.
    3. Appeal the Ruling of the Lord President: A member may make this motion after the Lord President has ruled on a Point of Order to submit the Point of Order to the Chamber for its judgment, where a majority voting NO is required to overturn the Lord President's ruling. This motion is debatable, and the time for debate shall be at the Lord President's discretion, so long as at least 12 hours are set aside for that purpose.
    4. Reconsider: A motion to reconsider is in order for a bill, amendment, resolution, or motion that was previously rejected by a vote of the Chamber. A motion to reconsider is only in order if made by a member who voted against the item previously, and only if that item was considered during the current session of the Chamber. A motion to reconsider may only be made once on a particular item during a session of the Chamber.
    5. Adjourn: The Chamber may vote to adjourn for a period not to exceed two weeks, and may only be entertained twice per calendar month. When moved, the mover must specify how long the adjournment is to last. The motion is debatable and follows the same debate and voting rules as any other motion.
      1. While adjourned, the Chamber is not in session and no legislation, bills, motions, or speeches may be considered unless an order to recall the Chamber from adjournment is made by the Lord President for some urgent reason, after consultation with the Council of State, provided that a motion to adjourn shall be entertained no more than twice per calendar month.

PART III
GENERAL PROVISIONS

11. Entry into force and amendment.

  1. These Standing Orders shall enter into force upon their passage by two-thirds of the Chamber of Peers.
  2. These Standing Orders may be amended upon the proposal of any Peer seconded by another Peer by a two-thirds vote of the Chamber of Peers.

See also

References

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