Objection to ruling of the President
All rulings of the President are subject to appeal to the whole Senate. There are two methods by which the Senate may overturn a ruling of the President.
First, by motion on notice, moved and dealt with in accordance with the normal rules relating to the conduct of business, the Senate may, by a special resolution or order, change the ruling or the procedure on which the ruling is based.
Secondly, the Senate may dissent from a President’s ruling, and a procedure is provided whereby a motion of dissent may be moved at the time when a ruling is made.
A senator who objects to a ruling of the President may immediately state that objection. The objection must be put in writing, and a motion moved that the Senate dissent from the President’s ruling. Debate on that motion is adjourned till the next sitting day unless the Senate decides, on a motion moved without notice and put without debate, that the question requires immediate determination.[133]
If a motion of dissent is adjourned till the next day of sitting it is the practice to place it first on the Notice Paper for that day.[134] The motion may be postponed and discharged.[135]
If a motion of dissent is adjourned the disputed ruling stands and applies to the proceedings. The matter under consideration may, however, be adjourned until the motion of dissent is determined.[136]
If it is decided that a motion of dissent requires immediate determination, it is usual for debate to occur on the motion, which is then put to a vote of the Senate. Normally a motion of dissent is determined immediately.[137]
On a motion to dissent from a President’s ruling the greatest latitude of discussion is allowed. The President may participate in the discussion in order to clarify the ruling or respond to points which have been made.[138]
The Chair of Committees rules on questions of order in committee of the whole, but if a senator objects to a decision of the Chair of Committees, this is reported to the Senate.[139] The President then determines the matter by making a ruling, after hearing senators in relation to the objection, and, unless objection is taken to the President’s ruling, the committee of the whole resumes.[140]