Chapter 10 - Debate
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 (SO 198).
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 (Notice Papers 9/7/1919,
16/7/1919, 26/9/1938, 3/11/1938, 16/5/1950, 16/9/1952, 12/5/1970, 20/5/1970,
17/8/2005, 15/9/2005). The motion may be postponed and discharged (20/5/1970, J.113; 21-22/10/1970, J.363, 370; 29/10/1970, J.400).
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 (ruling of President Gould, 30/10/1908, J.60-1).
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.
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 (ruling of President Baker, SD, 31/10/1905, p. 4262;
also statement by President Baker, 4/9/1903, p. 4630-1).
The Chair of
Committees rules on questions of order in committee of the
whole (SO 144(7)), but if a
senator objects to a decision of the Chair of Committees, this is reported to
the Senate. 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 (SO 145).
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