Parliament revises Standing Orders

The revised draft of the Standing Orders and the Code of Conduct for Members of Parliament was moved yesterday in Parliament. The revised Standing Orders will repeal the Standing Orders which were used since May 1979 and widen the authority of the Parliament while meeting the social and technological developments of the modern world.

Deputy Minister of Power and Renewable Energy Ajith P. Perera moved the motion highlighting the importance of amending the decades old outdated Standing Orders. “The Standing Orders were not amended after 1992 and created issues in conducting Parliament many times. So the process to amend the Standing Orders was launched on 16th December 2015. It took almost three years for the committee and the other lawmakers to come to an agreement with the draft changes,” said Deputy Minister Perera.

The draft Standing Order 7 explains the procedure to follow in electing a successor for Presidency. “In the event a President is to be elected in terms of Article 40 (1) (b) of the Constitution, the Parliament will follow the procedure specified in the Presidential Elections (Special Provisions) Act, No. 2 of 1981 to conduct the secret ballot using ballot papers,” he said.

According to draft Standing Order 8, which outlines the Meetings of Parliament, unless Parliament otherwise decides, Parliament will meet on two alternate weeks in each month commencing after the first Sunday of each month and shall sit on every Tuesday, Wednesday, Thursday and Friday of the first and the third of such weeks. The sitting of Parliament will commence at 1.00pm on Tuesdays and Wednesdays and at 10.30am on Thursdays and Fridays: Provided that, a meeting summoned by the President will begin at such hour as the President may fix by notice given thereon. On Thursdays and Fridays, the proceedings on any Business of Parliament under consideration at 12.30pm, unless Parliament otherwise decides, shall be interrupted without question put and will be resumed at 1.30pm. 

The Speaker shall adjourn Parliament at 7.30pm without question put and at 6.30pm the proceedings on any business then under consideration will be interrupted and if Parliament be in Committee, the presiding Member shall leave the Chair and make his report to Parliament and if a motion has been proposed for the adjournment of Parliament or of the debate or in Committee that the Chair do report progress or do leave the Chair, every such dilatory motion shall lapse without question put: Provided that on the interruption of business, the closure may be moved under Standing Order 46 and if moved, or if proceedings under that Standing Order be then in progress, The Speaker or the presiding Member shall not leave the Chair until the question consequent thereon and on any further motion as provided for in that Standing Order has been determined. 

After the business under consideration at 6.30pm has been disposed of, no business which may be opposed by any Member shall be taken up for consideration. Notwithstanding the provisions, the hours of sitting may be extended by the House on a proposal made by a Minister of the Cabinet without notice, if agreed upon by a majority of Members present in the House.

The proceedings of the House may be made available for broadcast over radio, television or any other electronic means or devices subject to the rules and conditions that may be determined by the Parliament from time to time as per the draft Standing Order 14. 

However, any broadcasting of the proceedings of the House will maintain such standards of fairness as are adopted by the Parliament. The proceedings of Committees will also be available for broadcasting at times as may be determined by the Committees, subject to the rules and conditions the relevant Committees and Parliament may determine from time to time: provided that, The Speaker or a Chair of a Committee may exercise his discretionary power to decide whether to allow, restrict or control the live broadcast of the proceedings in Parliament or a Committee as the case may be at any given time.

The motions or questions at the time of adjournment are outlined in draft Standing Order 20, which fills a wide vacuum. 

“We have introduced a new system in the Parliament to question the Prime Minister in Person. Even though we are unable to abolish the executive presidency in a hurry, we were able to reduce the powers vested with the Executive President. The 19th Amendment was a part of this process, which strengthens the Parliament. The Prime Minister is made responsible and accountable to the Parliament in this system as per draft Standing Order 38. 

During the time allocated for questions for oral answers on Wednesday of the first week of the sitting of every month, half an hour may be set aside to ask not more than four questions from the Prime Minister. In the event that the Prime Minister is not available on the first Wednesday, the Committee on Parliamentary Business may decide a suitable day in the course of the same month for such purpose.

According to the Deputy Minister, the draft Standing Order 47 proposes the new regulations for using the electronic voting systems already installed in the Parliament. Removal of certain persons upon substantive motion is outlined in draft Standing Order 84. “Notwithstanding anything to the contrary in any other law, where notice of a resolution for the presentation of an address to the President for the removal of the Chief Justice, Judges of the Supreme Court, the President of the Court of Appeal and Judges of the Court of Appeal from office on the grounds of alleged misbehaviour or incapacity is given to The Speaker in terms of Article 107 of the Constitution, The Speaker shall entertain such resolution and place it on the Order Paper of Parliament,” he said. (AH)