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Act of Parliament The Parliamentary Establishment & Standards Act

SimplyMadi

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SimplyMadi
SimplyMadi
Joined
Jun 29, 2024
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Author: Regyna Allen MP
Sponsor: N/A
Type: Act of Parliament

A
BILL
TO

Establish the rules, procedures, and standards by which the Parliament of the Azalea Isles will operate.



Preamble: This bill is being introduced to establish a comprehensive framework for the functioning, conduct, and governance of the Parliament of the Azalea Isles.

1. Act Parameters
(a) This Act can only be passed by a 2/3rd majority of Parliament, and subsequently can only be amended or repealed by a 2/3rds majority of Parliament.
(b) This Act cannot be repealed without a replacement Act proposed in its place.

2. Members of Parliament
(a) While non-elected individuals may perform duties and roles within Parliament, only elected Members of Parliament may vote.
(b) Members of Parliament shall adhere to the highest standards of integrity and public service, and shall always abide by the Parliamentary Code.
(c) Members of Parliament are required to disclose any conflicts of interest, and recuse themselves from such discussions and votes.
(d) There shall exist a 2 week ‘honeymoon period’ at the beginning of a new Parliament, Members of Parliament who were elected as part of a political party will be expected to vote with/support their parties on major issues, concerning the formation and stability, of Parliament - primarily in the support for their party in forming a government or an opposition (Note: This clause is not intended as a way to force MP’s to vote a certain way on bills and other such matters and should not be used as such - this clause CANNOT be invoked in any scenario which would not otherwise threaten the cohesion of the majority or opposition, it only exists as a clause by which to ensure the initial stability of Government and protect from early defections arising from campaign fraud or machiavellian political maneuvering). Violation of the ‘honeymoon period’ will be considered as grounds for removal from Office, which must be done through the Supreme Court in a civil trial - if the Justice believes there to be sufficient grounds for the case, and that continued membership of the Parliament would be damaging, they may suspend the Member in question in response to an emergency injunction.
(i) In order for an MP to be removed/suspended under the 'honeymoon period' clause it must be proven that they deceived voters during their election, for example by running under one party with the intention of defecting to another party after the result has been announced in order to give that party a bigger share of the Parliament.
(ii) An exemption will exist to the 'honeymoon period' where the MP who is voting against/not-supporting the party they were elected with can do so if they have been deceived by party leadership, or the victim of campaign fraud or machiavellian political maneuvering themselves. MP's need to be able to defect without fear of losing their seat in the event that they have a serious moral objection towards their party leadership.


3. Speaker of the House
(a) The Speaker of the House is responsible for maintaining order and decorum during parliamentary sessions.
(i) The Speaker shall ensure that debates are conducted fairly and that all members have the opportunity to participate.
(ii) The Speaker shall oversee the enforcement of the Parliamentary Code, the Standing Orders, and general ethical standards.
(iii) The Speaker must remain impartial and refrain from participating in debates and votes, except to break ties - so long as they are also an elected Member of Parliament, if they are not then they shall never vote.

(b) If the number of possible elected seats in Parliament elected is an even number then the appointed Speaker must also be an MP, if the number of elected seats in Parliament elected is an odd number then the appointed Speaker cannot also be an MP.
(c) The Speaker shall be elected by a simple majority vote of Parliament.
(d) Any Member of Parliament may trigger a Vote of No Confidence in the Speaker, to be conducted by the Elder of the House, at any time. The Speaker shall be removed by a simple majority vote of Parliament.

4. Elder of the House
(a) The Elder of the House is a senior MP who provides guidance and mentorship to newer members. The Elder shall assist in fostering a respectful and collaborative parliamentary environment.
(b) The Elder of the House shall be the MP who has the longest current continuous service in the House. In the instance that two or more MP’s have the same length of service then the MP with the longest CityRP playtime will be Elder.
(i) The Elder cannot also serve as Speaker of the House, Leader of the Majority, Leader of the Opposition, or as a Minister. In the event that they assume any of these roles the next eligible member will become Elder of the House.
(c) The Elder of the House shall conduct the election of the Speaker of the House when that role is vacant.

5. Leader of the Majority
(a) The Leader of the Majority is responsible for coordinating the legislative agenda and ensuring the passage of bills supported by the majority party.
(b) The Speaker of the House shall take a roll call of all sitting Members of Parliament at the beginning of a new Parliament, a Member of Parliament who can control the highest number of seats (either through their party, through coalition, or other such political deals) will be declared as Leader of the Majority.
(c) The Speaker of the House, the Leader of the Majority, and the Leader of the Opposition will arrange a time once a week in which Members of the House may raise issues directly to the Leader of the Majority, this shall be known as ‘Leaders Questions’. During this special session the Leader of the Opposition will be allowed 5 questions with other Members of Parliament having the opportunity to either be present to ask questions or submit questions to be asked on their behalf. The Speaker of the House, the Leader of the Majority, and the Leader of the Opposition may arrange for another Member of Parliament to assume their duties in this session in their absence.

6. Leader of the Opposition
(a) The Leader of the Opposition is responsible for organizing and representing the views of the opposition parties in the Parliament.
(b) After the Speaker of the House has taken the roll call, any Members not in the Majority will be considered in opposition. The Speaker will then facilitate an election among them to choose the Leader of the Opposition, in the event of a tie the Member with the highest votes in the recent election will be chosen, in the event of a tie there a coin will be flipped.

7. Parliamentary Attaché

(a) Members of Parliament in the Majority have the option of working with a Ministry during their time in Parliament in order to facilitate effective communication between Ministers and Parliament.
(b) The Leader of the Majority is responsible for assigning Members of Parliament to serve as Parliamentary Attachés, in the event that a Member of Parliament is also a Minister, they will automatically be the Parliamentary Attaché for that Ministry.

8. Parliamentary Committees
(a) Parliamentary Committees shall be established, by a simple majority of Parliament, to examine specific issues, draft legislation, and provide oversight of government activities. A Committee can also be dissolved by a simple majority of Parliament.
(b) Committees shall be composed of members from both the Majority and the Opposition, and should reflect the proportional representation of the House.
(c) The Members of a Parliamentary Committee shall internally elect their own chair, who will oversee the actions of the Committee.

9. Parliamentary Memorandum
(a) In times where a full bill is not necessary Parliament may, by a simple majority, pass a non-binding “Parliamentary Memorandum” addressed to a specific individual or group. These memos can be used to clarify Parliament's position on laws, give recommendations, or complete any other purpose.

10. Parliamentary Aides
(a) Each Member of Parliament will be entitled to hire a Parliamentary Aide to assist with the day to day operations of their activities in Parliament. The position is unpaid.
(i) The Speaker of the House may appoint 2 Parliamentary Aides, they will be known as Clerks, and may be delegated responsibilities as the Speaker sees fit.
(b) The Speaker of the House, the Leader of the Majority, and the Leader of the Opposition will each be entitled to hire a Parliamentary Counsel, each Counsel will be responsible for representing the legal interest of their respective area, as well as providing legal advice & legal oversight of proposed bills. The position is unpaid.

11. Parliamentary Code
(a) The Parliamentary Code outlines the ethical standards and conduct expected of all MPs and parliamentary staff. It shall only apply to Members of Parliament in official Parliamentary channels.
(i) Breaches of the Code will be managed by the Speaker of the House, with the option to temporarily, for a maximum of 1 hour (Though this length should be rare), exclude members from debate, for serious and repeated breaches only, in Parliamentary channels available to them.
(ii) In the event that a Member of Parliament feels that the Speaker of the House is treating them unfairly or abusing their powers, they can raise a ‘Motion of Excess’ detailing the accusations against the Speaker, the Speaker will then be given the chance to defend themselves following which Parliament will vote, conducted by the Elder of the House, on if the Speaker has acted in excess. If Parliament finds the Speaker to be acting in excess an automatic Vote of No Confidence in the Speaker should be held, however failing a Motion of Excess should not mean automatic removal of a Speaker, and should act as a warning to the Speaker, and Parliament should consider if this is a first offense and if the Speaker seeks to be more impartial in the future before removal.
(iii) In the event that a Motion of Excess fails but only with the support of the House Majority the Member of Parliament who raised it may file a civil case with the Supreme Court against the Speaker of the House petitioning for the removal of the Speaker of the House. They should clearly outline the ways in which the Speaker has betrayed the impartiality of the House and the court should only remove the Speaker when it is clear beyond a reasonable doubt that they have clearly and excessively violated impartiality. A Speaker removed in this way cannot serve as Speaker again for another 2 months.
(b) Parliamentary Code for Members of Parliament:
(i) All Members of Parliament will refrain from personal insults and namecalling of other members when in session.
(ii) All Members of Parliament will refrain from using the names of other Members when in session, instead using their highest ranking title within Parliament to refer to them.

12. Standing Orders
(a) Standing Orders are established to regulate the procedures and conduct of parliamentary business. They are to be adopted upon the appointment of a new Speaker of the House.

Enactment: This Act comes into force immediately upon passage
 
"By the authority invested the in Kingdom of Regalis, and in the loyal people of Azalea Isles, I hereby declare The Parliamentary Establishment & Standards Act to be law in the Isles, with the full force of enactment."
- Queen Eleanora of the Kingdom of Regalis
 
The following amendments have since been made:


2. Members of Parliament - Addition of Clauses (c:i) and (e)
(a) While non-elected individuals may perform duties and roles within Parliament, only elected Members of Parliament may vote.
(b) Members of Parliament shall adhere to the highest standards of integrity and public service, and shall always abide by the Parliamentary Code.
(c) Members of Parliament are required to disclose any conflicts of interest, and recuse themselves from such discussions and votes.
(i) At their own discretion, the Speaker may allow members to continue to partake in a debate despite a conflict of interest.
(d) There shall exist a 2 week ‘honeymoon period’ at the beginning of a new Parliament, Members of Parliament who were elected as part of a political party will be expected to vote with/support their parties on major issues, concerning the formation and stability, of Parliament - primarily in the support for their party in forming a government or an opposition (Note: This clause is not intended as a way to force MP’s to vote a certain way on bills and other such matters and should not be used as such - this clause CANNOT be invoked in any scenario which would not otherwise threaten the cohesion of the majority or opposition, it only exists as a clause by which to ensure the initial stability of Government and protect from early defections arising from campaign fraud or Machiavellian political manoeuvring). Violation of the ‘honeymoon period’ will be considered as grounds for removal from Office, which must be done through the Supreme Court in a civil trial - if the Justice believes there to be sufficient grounds for the case, and that continued membership of the Parliament would be damaging, they may suspend the Member in question in response to an emergency injunction.
(i) In order for an MP to be removed/suspended under the 'honeymoon period' clause it must be proven that they deceived voters during their election, for example by running under one party with the intention of defecting to another party after the result has been announced in order to give that party a bigger share of the Parliament.
(ii) An exemption will exist to the 'honeymoon period' where the MP who is voting against/not-supporting the party they were elected with can do so if they have been deceived by party leadership, or the victim of campaign fraud or machiavellian political maneuvering themselves. MP's need to be able to defect without fear of losing their seat in the event that they have a serious moral objection towards their party leadership.
(e) Members are expected to take part in every vote, regardless of whether or not an outcome has been decided by the majority. Failure to do so will be considered a breach of their duties and continued failure could lead to suspension from the house.
(i) Suspension from the house will be at the discretion of the Speaker, and will last for no more than 1 day per vote missed.


3. Speaker of the House - Rejigging of clause (a) and addition of clauses (e) and (f)
(a) The Speaker of the House is responsible for maintaining order and decorum during parliamentary sessions.
(i) The Speaker shall ensure that debates are conducted fairly and that all members have the opportunity to participate.
(ii) The Speaker shall oversee the enforcement of the Parliamentary Code, the Standing Orders, and general ethical standards.
(iii) The Speaker must remain impartial and refrain from participating in debates and votes, except to break ties - so long as they are also an elected Member of Parliament, if they are not then they shall never vote.

(b) If the number of possible elected seats in Parliament elected is an even number then the appointed Speaker must also be an MP, if the number of elected seats in Parliament elected is an odd number then the appointed Speaker cannot also be an MP.
(c) The Speaker shall be elected by a simple majority vote of Parliament.
(d) Any Member of Parliament may trigger a Vote of No Confidence in the Speaker, to be conducted by the Elder of the House, at any time. The Speaker shall be removed by a simple majority vote of Parliament.
(e) The Speaker must remain impartial
(i) The Speaker will refrain from participating in debates and votes, except to break ties - so long as they are also an elected Member of Parliament, if they are not then they shall never vote.
(ii) The Speaker will resign any party memberships and may not join a party until 2 weeks after leaving the role of speaker.
(f) The Speaker may unilaterally bring about new standing orders and procedures for the House to follow, however these must be declared with 72 hours notice, and may be overturned by the house with a 2/3 majority.


4. Elder of the House - Adding of Clause (c:i)

(a) The Elder of the House is a senior MP who provides guidance and mentorship to newer members. The Elder shall assist in fostering a respectful and collaborative parliamentary environment.
(b) The Elder of the House shall be the MP who has the longest current continuous service in the House. In the instance that two or more MP’s have the same length of service then the MP with the longest CityRP playtime will be Elder.
(i) The Elder cannot also serve as Speaker of the House, Leader of the Majority, Leader of the Opposition, or as a Minister. In the event that they assume any of these roles the next eligible member will become Elder of the House.
(c) The Elder of the House shall conduct the election of the Speaker of the House when that role is vacant.
(i) In the event that the Elder wishes to stand for the role of Speaker, the next eligible member will become Elder of the House.

9. Parliamentary Panels - New Section Entirely
(a) Parliamentary Panels are a sub-group of parliamentary committees. They can be established by a single member of Parliament, to undertake factfinding projects or draft proposals for a more senior Parliamentary Committee. A panel can be dissolved by the founding member, or with a simple majority of Parliament.
(b) Panellists will be appointed by the founding member.
(i) Members can be removed by the House with a simple majority.
(c) The Members of Parliament running a panel is entirely responsible for the conduct of its members, and may be penalised for wrongdoing committed by panel members.

Existing clauses 9-12 renumbered to 10-13.
 
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