Chapter 16 - Committees
Quorum
Apart from the requirement that either
the chair or deputy chair be present, a committee may not meet without a
quorum. The following provisions apply to every Senate committee and subcommittee:
In each committee and subcommittee,
unless otherwise provided, a quorum shall be
-
a majority of the members
of the committee or subcommittee; or
-
two members, where one
member present was appointed to the committee on the nomination of the Leader
of the Government in the Senate and one member present was appointed to the
committee on the nomination of the Leader of the Opposition in the Senate. (SO 29)
A majority of members on a committee with an even number of members is
defined as half the members of the committee plus one. Thus on eight member
committees a majority is five. On a subcommittee of three members, a majority
is two. The fact that a
chair has a casting vote is of no relevance in establishing a quorum: a chair
does not count as two members towards a quorum. On committees with chairs from
minority groups, the lesser quorum would be constituted by the chair, a member nominated
by the Leader of the Government in the Senate and a member nominated by the
Leader of the Opposition in the Senate. The requirement would remain at two on
such committees only if the deputy chair (a government or Opposition senator)
were in the chair for that meeting.
Participating members of the legislative and general
purpose standing committees are counted for the purpose of forming a quorum if
a majority of members of a committee is not present (SO 25(7)(d)).
A meeting may not commence in the absence of a quorum. If a quorum is
not present, the chair suspends the proceedings until a quorum is present, or
adjourns the committee. If a quorum has not formed within 15 minutes after the
time appointed for the commencement of the meeting, the senators present may
retire, after entering their names in the minutes, and the secretary convenes a
meeting for another time (SO 29(2) and (3)).
If a senator draws attention to the absence of a quorum during
a meeting the proceedings are suspended until a quorum is present, or, if no
quorum is present after 15 minutes, the committee is then adjourned (SO 29(2)).
For the question
of whether an inquorate committee meeting is protected by parliamentary
privilege, see below, under Privilege of proceedings.
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