Download - Standing rules and orders of the Legislative Council of British Honduras

Standing rules and orders of the Legislative Council of British Honduras.Author(s): British Honduras. and Legislative Council.Source: Foreign and Commonwealth Office Collection, (1897)Published by: The University of Manchester, The John Rylands University LibraryStable URL: http://www.jstor.org/stable/60232489 .

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STANDING RULES AND ORDERS

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OF THE

LEGISLATIVE COUNCIL

OF

BRITISH HONDURAS.

JiMie by the Legislative Council under Section 12 of Chapter 11 of

fc " The Consolidated Laws" on the 27th day of July, 1897.

LONDON:

WATERLOW AND SONS LIMITED, PRINTERS, LONDON WALL. 1897.

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OF THE

LEGISLATIVE COUNCIL

OF

BRITISH HONDURAS.

Made by the Legislative Council under Section 12 of Chapter 11 of " The Consolidated Laws " on the 27th day of July, 1897.

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LONDON

WATERLOW AND SONS LIMITED, PRINTERS, LONDON WALL.

1897.



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OF THE

LEGISLATIVE COUNCIL

OF

BRITISH HONDURAS.

Made by the Legislative Council under Section 12 of Chapter 11 of "The Consolidated Laws" on the 27th day of Jidy, 1897.

Enforcement of Orders.

Suspension of Orders.

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The following shall be the Standing Rules and Orders of the Legisla¬ tive Council, and it shall be the duty of the President on his authority to enforce these Standing Rules and Orders : Provided that by a Resolution of the majority of Members present, and with the consent of the President, but not otherwise, the said Standing Orders may be suspended in whole or in part to facilitate public business.

GENERAL BUSINESS.

1. The Governor may convene a meeting of the Council at any time ; Governor and he may adjourn the same at any time, by announcing such adjourn- cou^ca"11011 ment himself in the Council, or by written message.

2. The Governor may summon a Council, although the Council may be standing adjourned, by sending a written summons to the address of each member.

3. Every Member shall have a seat and desk reserved for him. The Members' seats shall be arranged to the right hand and the left hand of the Chair Seats-

alternately, according to the precedence of Members.

4. The Business of the Council shall be transacted in the following order of Order • • Business.

1st. Reading and confirmation of minutes. 2nd. Announcements by the Clerk. 3rd. Notices. 4th. Petitions. 5th. Questions. 6th. Motions for leave to introduce Bills, and for third reading

of Bills of which no notice of opposition has been given. 7th. The business of which notice has been given according to

priority of notice of such business.

5. Notices of motion arising out of the business of the day may be Notices of given immediately after that business is disposed of, and before any fresh °ti°°arising matter has been entered upon. business.

6. The order of business to be brought forward at each meeting shall Daily order be prepared by the Clerk of the Council, a printed copy whereof shall be of busmess-

[190455] 1



President may adjourn.

Business undisposed of to be resumed.

Strangers.

Reporters.

Exclusion of strangers.

delivered to each Member ; and such order shall contain a list of all

business, notice of which shall have been given for any future day.

7. The President shall have power to adjourn the business before the Council whenever he may think fit, even though a Member speaking may not have finished his speech at the time.

8. When the Council is adjourned before the business set down in the order of business for the day is disposed of, the remaining business shall not drop, but shall be resumed before all other business at the next

meeting.

9. Strangers may be admitted to the bar of the Council Room during a meeting of the Council, but on condition that they preserve absolute silence. Reporters for the Press may be provided with accommodation within the bar, but otherwise shall be subject to all orders applying to

strangers.

10. The President may at any time order strangers to withdraw, and the doors of the Council to be closed; and on the request of any Member the President may order all strangers, or any particular stranger, to withdraw.

NOTICES.

One day's H- At least one day's notice shall be given of all motions, except notice in formal motions and amendments. All such notices shall be in writing requSfd. and shall be delivered to the Clerk.

Notices 12. A notice of motion given for any day shall, if the Council shall standing over. noj. sjf- on ^^ (jay, hold good for the next meeting of the Council.

PETITIONS.

By whom presented.

How to be worded.

Keport, if wording doubtful.

When to be received.

Petitions, how to be dealt with.

13. Petitions addressed to the Council may be sent to the Clerk of the Council, or they may be presented by any Member of the Council.

14. Any petition which is not properly and respectfully worded, or which does not relate to matters of legislation shall not be received.

15. It shall be the duty of the Clerk of the Council, or of the Member

presenting a petition, to inform the Council if there be any doubt as to a petition coming under this prohibition.

16. Petitions not coming within the above prohibitions shall be received without question.

17. Petitions relating to any Bill before a Select Committee shall on receipt be referred by the Clerk to the Select Committee, by whom they will be presented to the Council with their report. Other petitions after being received, if it be so resolved, may be read or may be printed, or may be referred to a Select Committee for consideration and report.

What ques¬ tions may be put, and to whom.

How to be put.

QUESTIONS.

IB. A question may be put by any Member to any Official Member concerning any measure pending in Council, or any matter of public interest, and to particular Members who have charge of a Bill or who have given notice of motion, or are otherwise concerned in some business before the Council.

19. Questions shall be put in such a manner as not to involve opinion, argument or inference ; and facts shall not be stated unless necessary to make the question intelligible.



3

20. An answer shall be confined to the points contained in the Limitof

question, with such explanation only as will render the answer

intelligible.

21. It shall be allowable to any Member to give his answer in writing; Answer *»

and if so given it shall be entered on the minutes. ^ mg'

22. If a question is asked without notice it shall be competent to the Notice. Member questioned to require that notice shall be given.

23. All questions and notices of question shall be put in writing and To be in

handed to the Clerk. wn mg'

VOTING.

24. When the President puts a question to the Council the vote may v?tea>how be taken by voices, Ayes and Noes, in which case he should declare how he thinks it is carried.

25. The vote may be taken by a^division after having been taken by Division, voices ; and it shall always be taken by a division whenever any Member when'

desires that it be so taken, after it has been taken by voices.

26. When the vote is taken by a division the division shall decide the Decision of

question ; otherwise the President's declaration shall decide it. question.

27. When the vote is taken by a division the Ayes shall first stand How Votes

up when the Clerk shall record their names ; then the Noes shall stand 0n aedivision.

up when the Clerk shall record their names, the Clerk shall then read the names in each list respectively, and the President shall declare the result.

28. When an amendment to a question shall have been submitted, and when more amendments than one shall have been submitted, the President at the close of the debate shall put the question for the decision of the Council in this wise : " That the words of the question stand as in the original motion "

which, if it be decided in the affirmative, will throw out all amendments ; and he shall then put the original motion to be affirmed or negatived.

If the first question which would preclude all amendments be negatived, then, in case only one amendment shall have been proposed and seconded, he shall put the question as it was proposed to be amended; but in case more amendments than one shall have been proposed and seconded, he shall put the question of amendment seriatim, and in the order of their

having been proposed; and when any one amendment is affirmed all other amendments shall be thereby negatived, and the President shall then put the motion, as so amended, to be affirmed or negatived.

How question to be put in cases of amendments being moved.

SELECT COMMITTEES.

29. On the appointment of a Select Committee on a Bill the Member Select com-

who introduced such Bill, and in other cases the Member who moved for mposed,°w such Committee, shall be the Chairman thereof; and such Members as nominated

may be appointed by the President shall compose such Committee. an appom

30. The Chairman of any Select Committee shall have in such Vote of

Committee an original vote, and also a casting vote if the votes shall be irman'

equally divided.

31. Select Committees, except Committees on Bills, shall not be Continuance

dissolved until the presentation to the Council of their Report upon the a£n ̂ /stiect matter committed to them. Committees.

[190455]

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Commence¬ ment and conclusion of business of Committee.

COMMITTEES OF THE WHOLE COUNCIL.

32. When the Council resolves itself into a Committee of the whole Council the President shall leave the Chair and take his seat at the Table. When the business of the Committee is concluded, or when it is resolved in Committee that the business of the Committee shall be adjourned to another day, the President shall return to his Chair and the Council shall resume.

committee on 33. In Committee of the whole Council on the Estimates, after a Estimates.

question has been proposed from the Chair for omitting or reading any item, no motion shall be made or debate allowed upon any preceding item unless by permission of the President.

Minutes of 34. The proceedings in Committee of the whole Council shall be Committee, recorded in the Minute Book of the Council as part of the day's proceed¬

ings ; and it shall not be necessary to report to the Council what has been done in Committee of the whole Council.

Standing Financial Committee.

STANDING FINANCIAL COMMITTEE.

constitution 35. In order to facilitate the preparation and passing of the Annual

standi^618 °f

Appropriation and of the Supplementary Supply Bills, if any, the Governor may from time to time appoint a Standing Financial Committee, to be composed of all the Official and Unofficial Members of the Council, with the Colonial Secretary in the Chair, for the consideration and discussion of all matters submitted to it by the Governor in connection with such Bills, and especially in connection with any proposal for expenditure not ordinarily provided for.

The Governor may determine such Standing Committee whenever he may deem fit, and until such time such Committee shall continue to be duly constituted notwithstanding that the Council as a whole may have been adjourned.

sittings to be 36. All sittings of the Standing Financial Committee shall be held in

pubUc°the ^e Council Chamber, and shall be open to the public, subject to the conditions mentioned in Standing Orders 9 and 10.

Conduct of Members speaking.

Finality of result of questions.

Formal seconding of motion.

Speech to be to some motion.

Statement of terms of motion. Decision as to its competency.

RULES OF DEBATE.

37. A Member when making any motion or speaking shall stand in his place and shall address the Chair, and no interruption of his speech shall be permitted except on a point of order suddenly arising.

38. When a question for debate has been proposed, debated and disposed of, it shall not be competent for any Member again to propose such question within six months without the consent of the President.

39. Any Member may second a motion or amendment by rising in his place and bowing to the Chair, without prejudice to his right to speak at a later jDeriod of the debate.

40. No speech shall be permitted save to a distinct and competent motion, either already submitted to the Council as a question for deliberation, or to be so submitted by the Member speaking.

41. When a Member speaks to a motion to be submitted, the Presi¬ dent may require the speaker at any time to state the terms of his motion, so as to decide its competency. If the motion be ruled to be incompetent the speaker shall not be further heard in regard to it.



42. No question shall be deemed to have been submitted to debate Question, until it shall have been seconded and put from the Chair. mitted8ub"

43. Any Member speaking shall direct his speech to the matter under Relevancy of

discussion, or to a motion or amendment to be proposed by himself, or to speech'

a question of Order.

44. A Member shall not read his speech, but he may read extracts No Member from written or printed papers in support of his argument. ^jf

hls

45. Except when the Council is in Committee, and subject to the Speaking provisions of the next rule, no Member shall speak twice in the same

twice'

debate, except by leave of the President for purposes of explanation only; but no interruption or adjournment shall preclude a Member from completing his speech when the debate is resumed.

46. A Member claiming to speak by way of explanation under the Speaking in

foregoing rule shall confine himself to explaining a misunderstanding that exPlanatlon-

has arisen in regard to some material part of his speech; but he shall not introduce new matter, nor shall he interrupt for that purpose a Member who is speaking, unless such Member consents to the interruption.

47. Any Member may claim to speak on a matter of order suddenly Speaking on

arising, and the Member who is then addressing the Council shall there- 1$^ °f

upon resume his seat. But a point of order must be raised as soon as possible after the occurrence of the matter to which exception is taken.

48. When the question of Order has been stated the Member who Procedure raises it shall resume his seat, and no other Member, except by leave of ^.^jfsion the President, shall rise till the President has decided the question, after which the Member who was addressing the Council at the time the question was raised shall be entitled to proceed with his speech, giving effect to the ruling of the Chair.

49. At the close of the debate a reply shall be allowed to the mover Eight of reply. of a substantive motion, but not to the mover of an amendment. After Putting the reply (if any) the question shall be put to the vote without further ^ee totet0 debate.

50. When two Members rise together to address the Council, the Two Members President shall decide which of them shall speak first. together

51. When the President rises any Member speaking shall immediately President resume his seat. nsmg'

PROCEDURE AS TO BILLS.

52. No Bill shall be introduced by any Member until leave be given Leave for for the introduction thereof. If leave be given, the Bill may be introduced

^°d^°°- and read a first time without question or debate.

irst rea mg'

53. Every Bill shall, when practicable, be printed and published in Printing. the Gazette before it is introduced.

54. When a Bill is ordered to be read, or to be read and passed, the Short reading Clerk of the Council shall read the title of the Bill, when the Bill shall be of BlU-

considered as read.

55. Immediately after the first reading of a Bill, notice may be given Notice of

that the second reading thereof will be moved at some future meeting of fading. the Council, then to be specified.

56. When the question of the second reading comes on the measure Second

may be debated; and after the second reading of a Bill it shall be referred ^^ t0 to a Committee of the whole Council, unless specially referred to a Select committee. Committee.



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Duty of select 57. The duty of the Select Committee shall be to consider the Bill committee.

carefuuv an^ minutely, and to consider all petitions that may be submitted

to the Council concerning it, and to propose any amendments in the Bill

they may think advisable, and to report upon it with their opinions and recommendations in detail.

Procedure on report of Select Com¬ mittee.

Reading in Committee.

Passing each clause seriatim.

Effect of decisions on parts of clauses.

58. The Report of the Select Committee, when agreed upon, shall be laid before the Council at a meeting, and may be printed and distributed

amongst the Members ; and thereafter, upon due notice, it may be moved that the Council do go into Committee of the whole Council upon the Bill as reported by the Select Committee.

59. In the Committee of the whole Council a Bill shall be read, discussed, and if so resolved, amended clause by clause, taking the clauses in order, and afterwards the preamble, and lastly the title.

60. When a Bill is in Committee each clause shall be put from the

Chair, without motion, by this question : " That this clause stand part of the Bill;" and the clause shall be treated as a motion, except that a clause

may be amended portion by portion, the earlier amendments having precedence of the later.

61. A decision on an earlier portion of the clause shall not bar an amendment of a later portion, but a decision on a later portion of the clause shall bar all amendments of an earlier portion, unless by permission of the President.

Retrogression 62. If an amendment of a later portion of a clause inconsistent with prohibited. anv (jecision come to upon any earlier portion of the clause be proposed,

such an amendment cannot be put.

Inconsistent amendment.

63. No amendment of a later clause in a Bill can be put which may be inconsistent with any earlier clause as it has been passed.

striking out 64. If by inadvertency any such inconsistent amendment be put and of the same carried, it shall at any time be struck out by the President when brought when pointed ^ J J ° out. to his notice.

Questions of 65. In filling up blanks in Bills, and putting questions of amendment

tinTw^t resPectmg amounts of money or periods of time the question of the lowest owpu arQOunt Qj money or shortest period of time proposed shall be first put.

Thirdreading. 66. After a Bill has passed through Committee of the whole Council it may be reprinted as amended in Committee or not, and it may be moved in Council, upon notice being given, that it be read a third time and passed. Before any Bill shall be read a third time, the Clerk of the Council shall certify to the President that the Bill has been examined and found correct.

67. At this stage, with the permission of the President, amendments for the correction of errors or oversight may be made before the motion of the third reading and passing of the Bill is put from the Chair, but not amendments affecting the principle that have been already determined; upon this point the President's judgment shall be conclusive.

submission 68. If the Bill be read a third time with or without amendments and

Governor. °f

passed, it shall be submitted to the Governor for his assent.

69. After a Bill has been read a third time and passed, any Member is at liberty to record a Protest against the Bill so passed, provided he shall have given notice in writing at the meeting whereat the Bill has been passed that it is his intention so to do, and provided that such Protest be delivered to the Clerk of the Council within seven days thereafter.

Correction of error or over¬ sight

Record of protost.



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70. If the motion for the second reading, or the motion for going into Billthwnt Committee of the whole Council, or the motion for the third reading and thereof. passing of any Bill, be not carried, the Bill is thrown out. A Bill when thrown out cannot be introduced again within six months without the con¬ sent of the President.

CHAPTER 11 OF THE CONSOLIDATED LAWS, AS AMENDED BY ORDINANCE No. 14 OF 1892.

1. There shall be in and for the Colony a Legislative Council con¬ stituted as hereinafter provided.

2. It shall be lawful for the Governor, with the advice and consent of the said Legislative Council, to make laws for the peace, order, and good government of the said Colony.

3. It shall and may be lawful for Her Majesty the Queen, from time to time, by any Instructions or Warrants under Her Signed Manual and Signet, to designate such Officers, and appoint such Persons as she may think fit, to be respectively official and unofficial Members of the said Council.

Legislative Council.

Governor, with consent of Legislative Council, may make Laws. Appointment of Members vested in Her Majesty.

4. Until otherwise declared by any such Instruction or Warrant as Until other- aforesaid, the following officers shall be Official Members of the said Coun- Qfficiaiclared cil, namely, the Colonial Secretary, the Treasurer, and the Attorney Members General, and in addition thereto there shall be not less than five unofficial desisiiated- Members.

5. The Governor shall and may, by an instrument under the seal of the Colony, appoint one or more persons to act provisionally as unofficial Councillor or Councillors, in case at any time the number of such unoffi¬ cial Councillors present in the Colony, and capable of acting in the discharge of their duties, shall be less than five. Provided nevertheless that it shall be competent for the Council to pass laws and transact all manner of business, notwithstanding the number of unofficial Members present in the Colony, and capable of acting in the discharge of their duties, shall at any time be less than five. And every such provisional appointment may be disallowed by Her Majesty, through one of Her Principal Secre¬ taries of State, or may be revoked by the Governor by such instruments as aforesaid. And any such appointment, or, as the case may be, the last in date of such appointments, shall, ipso facto, expire whenever by its continu¬ ance the number of unofficial Councillors present in the Colony, and

capable of acting in discharge of their duties, would be raised above the number of five.

If the Unofficial Members are less than five, Governor empowered to make provisional appointments. Proviso.

Councillor shall hold his office during Her Majesty's Office to be held dum

Precedency of Councillors.

6. Every pleasure.

7. The Official Members of Council shall take precedence of the un¬ official Members in the order in which they are above-named; and the unofficial Members shall take rank according to the date of their appoint¬ ment, or, if appointed by the same instrument, according to the order in which they are named therein; but Councillors appointed by Her Majesty shall in all cases rank before Councillors provisionally appointed by the Governor.

8 The Governor, or in his absence, any Member of Council appointed who shall

by him, in writing, or in default of such appointment, the Member present ^r who shall stand first in order of precedence, shall preside at every meeting of the said Council.



10

in the transaction of business and passing of

may be to such directions and instructions

9. All questions brought before the Council shall be decided by the

majority of the votes given, and the Governor or presiding Member_ shall have an original vote on all such questions, and also a casting vote if the votes shall be equally divided.

10. Until otherwise provided by the Council, no business (except that of adjournment) shall be transacted, unless there shall be present three Members of Council besides the Governor or presiding Member.

11. The Council shall, laws, conform as nearly as under the Royal Sign Manual and Signet as may have been or may here after be addressed to the Governor in that behalf.

12. Subject to such instructions the Council may make Standing Rules and Orders for the regulation of their own proceedings.

13. No law shall take effect until the Governor shall have assented to the same on behalf of Her Majesty, and shall have signed the same in token of such assent.

14. Her Majesty may, by order in Council, or through one of Her

Principal Secretaries of State, disallow any law passed by the said Governor and Council; and every law so disallowed shall become null and void so soon as the disallowance thereof shall be published in the

Colony by authority of the Governor.

15. If any Councillor shall become bankrupt or insolvent, or shall be convicted of any criminal offence, or shall absent himself from the

Colony for more than three months without leave from the Governor, the Governor may declare in writing that his seat at the Council is vacant, and immediately on the publication of such declaration he shall cease to be a Member of the Council.

16. The Governor may, by writing under his hand and seal, suspend any Councillor from the exercise of his office, proceeding therein in such manner as may from time to time be enjoined by any such instructions as aforesaid, or by the Governor's general instructions as to the suspension of public officers.

Unofficial 17. Any unofficial Councillor may resign his office by writing under

reslgn^eat. n*s nand, Dut no such resignation shall take effect until it be accepted in writing by the Governor, or by Her Majesty, through one of Her Principal Secretaries of State.

18. All Ordinances passed and all business transacted by the Legis¬ lative Council, since the coming into operation of the Local Act, 34 Vict., s. 3, cap. 1, while the number of unofficial Councillors present in the Colony and capable of acting in the discharge of their duties, has been temporarily less than four, shall be and shall be deemed to have been always, as valid and effectual as if such number had not been less than four.

Voting.

Quorum.

Business, how to be regulated.

Power to frame rules, &c. When Laws shall take effect.

Laws may be disallowed by Her Majesty.

What acts may create vacancy.

Power of suspension.

Confirmation of legislation.

EXTRACT FROM INSTRUCTIONS PASSED UNDER THE ROYAL SIGN MANUAL AND SIGNET, 2nd OCTOBER, 1884.

XII. Whereas by an Act passed by the Legislature of the Colony, in the thirty fourth year of Our reign, intituled " An Act to alter and amend the political Constitution of this Colony," it is provided that the Governor, with the advice and consent of the Legislative Council thereby established, shall make laws for the peace, order, and good government of the Colony,



11

and that the said Council shall in the transaction of business and passing of laws conform as nearly as may be to such directions and instructions under Our Sign Manual and Signet as then had been or might thereafter be addressed to the Governor in that behalf, and that, subject to such instructions, the said Council might make Standing Rules and Orders for Rules under the regulation of their own proceedings. Now, we do hereby direct and ^tobe^8 appoint that, in the execution of the powers aforesaid, the Governor and enacted. the Legislative Council do, as far as practicable, observe the following rules and instructions : (that is to say,)

1. It shall be competent for any Member of the Council to propose Questions,

any question for debate therein, and such question, if seconded by any debated other Member, shall be debated and disposed of according to the Standing Rules and Orders; Provided always, that every Ordinance, vote, resolu¬ tion or question, the object or effect of which may be to dispose of or

charge any part of our revenue arising within the Colony, shall be

proposed by the Governor unless the proposal of the same shall have been

expressly allowed or directed by him.

2. All laws shall be styled "

Ordinances," and the enacting words style of

shall be " enacted by the Governor of British Honduras, with the advice and consent of the Legislative Council thereof."

3. All Ordinances shall be distinguished by titles, and shall be Ordinances

divided into successive clauses, or paragraphs consecutively numbered, beredanT and to every such clause there shall be annexed in the margin a short methodically

summary of its contents. The Ordinances of such year shall be distin- arrange •

guished by consecutive numbers, commencing in each year with the number one.

4. Each different matter shall be provided for by a different Ordinance Different

without intermixing into one and the same Ordinance such things as have tobeCmixe°d no proper relation to each other; and no clause is to be inserted in j? ??me • L)rCtlD3.IlCG or annexed to any Ordinance which shall be foreign to what the title of such Ordinance imports; and no perpetual clause is to be part of

any temporary Ordinance.

*!? *I? *fc jp y[i ^f sp *l»

XIV. No private Bill shall be passed whereby the property of Private Bills.

any private person may be affected in which there is not a saving of the rights of Us, our heirs and successors, and of all bodies politic and corporate, and of all other persons, except such as are mentioned in the said Bill, and those claiming by, from, and under them ; and the Governor shall not assent to any private Bill until proof be made before him in the Legislative Council, and entered in the Council Book, that

adequate and timely notification, by public advertisement or otherwise, was made of the parties' intention to apply for such Bill before such Bill was brought into the said Legislative Council; and a certificate under his hand shall be transmitted with, or annexed to, every such private Bill, signifying that such notification has been given, and declaring the manner of giving the same.

XVII. Minutes shall be regularly kept of all the proceedings of the Minutes of

Council, and at each meeting of the said Council the minutes of the last tobekept'' preceding meeting shall be read over, and confirmed or amended as the case may require before proceeding to the despatch of any other business.

Twice in each year the Governor shall transmit to Us, through one of Our Principal Secretaries of State, a full and exact copy of the said minutes for the preceding half-year.



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