| Parliament name |
Parliament |
| Structure of parliament |
Bicameral |
| Chamber name |
House of Representatives |
| Related chamber (for bicameral parliaments) |
Senate
|
| NATURE |
| Nature of the mandate |
Free representation |
| Start of the mandate |
· When the results are declared
|
| Validation of mandates |
· Validation by the High Court only in case of challenge (S. 52 (1) (a) of the Constitution of 29 March 1976, as amended up to 5 August 1995)
· Procedure (S. 106 to 129 of the Representation of the People Act)
|
| End of the mandate |
· On the day when the legal term of the House ends - or on the day of early dissolution (S. 49 (1) of the Constitution; for dissolution, see Art. 68 of the Constitution)
|
| Can MPs resign? |
Yes |
· Yes, of their own free will (S. 49 (2) (a) of the Constitution)
· Procedure (S. 49 (2) (a) of the Constitution): resignation by writing under his hand to the Speaker
· Authority competent to accept the resignation: the Speaker
|
| Can MPs lose their mandate? |
Yes |
(a) Loss of mandate for not attending sittings of Parliament (S. 49 (2) (b) of the Constitution, SO 84 (2) of the Standing Orders of the House of Representatives; see also Participation in the work of Parliament)
(b) Loss of mandate for loss of eligibility (S. 49 (2) (c) and (d), (3) to (6) in connection with S. 47 and 48 of the Constitution)
(c) Loss of mandate through resignation from or expulsion by the party (S. 49 (2) (e), and S. 49A of the Constitution)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
|
| Indemnities, facilities and services |
· Diplomatic passport for the Speaker, the Leader of the Opposition, and Parliamentary Secretaries; official passports for the others
· Basic salary: TTD 5,250 per month (TTD 8,000 for the Speaker, and the Leader of the Opposition, TTD 7,500 for the Parliamentary Secretary, TTD 5,700 for the Deputy Speaker)
· No exemption from tax
· Pension scheme
· Other facilities:
(a) Secretariat/assistants
(b) Official housing
(c) Official car
(d) Postal and telephone services
(e) Travel and transport
(f) Others
|
| Obligation to declare personal assets |
Yes |
|
| Parliamentary immunity - parliamentary non-accountability |
· The concept does exist (S. 55 (1) and (2) of the Constitution, S. 3 of the House of Representatives (Powers and Privileges) Act).
· Parliamentary non-accountability is limited to words spoken or written by MPs and votes cast within Parliament.
· Derogations: offence or insult (SO 36 (4) to (5), 43 (3), and (9) to (11) of the Standing Orders of the House of Representatives, see Discipline) |
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (S. 4 of the House of Representatives (Powers and Privileges) Act).
· It applies only to civil proceedings, covers only civil debts with the exception of a debt the contraction of which constitutes a criminal offence, and protects MPs only from arrest.
· No derogations are foreseen.
· Protection is provided only whilst going to, attending at, or returning from a sitting of the House or a committee
· Parliamentary immunity (inviolability) cannot be lifted.
|
| EXERCISE OF THE MANDATE |
| Training |
· There is a training/initiation process on parliamentary practices and procedures for MPs. It consists of occasional in-house seminars, tour studies and attachments organised by the Commonwealth Parliamentary Association, and training and briefing of new MPs by the Clerk of the House.
· Handbook of parliamentary procedure:
- Standing Orders of the House of Representatives
|
| Participation in the work of the Parliament |
· It is not compulsory for MPs to be present at plenary sittings or committee meetings (but see SO 84 (1) of the Standing Orders of the House of Representatives).
· Penalties foreseen in case of not attending sittings of Parliament (S. 49 (2) (b) of the Constitution, SO 84 (2) of the Standing Orders of the House of Representatives): loss of mandate
|
| Discipline |
· The rules governing discipline within Parliament are contained in SO 36 (4) and (5), 42 (1), and 43 of the Standing Orders of the House of Representatives.
· Disciplinary measures foreseen:
- Direction to discontinue the speech (SO 43 (1) of the Standing Orders of the House of Representatives)
- Decision not to hear a Member (SO 43 (2) of the Standing Orders of the House of Representatives)
- Order to withdraw words and to apologise (SO 43 (3) (b) of the Standing Orders of the House of Representatives)
- Order to withdraw for the remainder of the day's sitting (SO 43 (3), and (9) to (11) of the Standing Orders of the House of Representatives)
- Naming, eventually with suspension and loss of remuneration (SO 43 (4) to (11), and (13) of the Standing Orders of the House of Representatives)
- Adjournment of the House, suspension of the sitting (SO 43 (12) of the Standing Orders of the House of Representatives)
- Other measures (SO 43 (14) of the Standing Orders of the House of Representatives)
· Specific cases:
- Offence or insult (SO 36 (4) to (5), 43 (3), and (9) to (11) of the Standing Orders of the House of Representatives): order to withdraw words and to apologise, order to withdraw for the remainder of the day's sitting
· Competent body to judge such cases (SO 42 (1) of the Standing Orders of the House of Representatives):
- Direction to discontinue the speech, order to withdraw words and to apologise, order to withdraw for the remainder of the day's sitting, naming, adjournment of the House, suspension of the sitting, offence or insult: the Speaker
- Decision not to hear a Member, suspension and loss of remuneration, other measures: the House of Representatives
The Speaker is competent to enforce the rules of order (see SO 43 (10) and (11) of the Standing Orders of the House of Representatives).
· Procedure:
- Direction to discontinue the speech (SO 43 (1) of the Standing Orders of the House of Representatives)
- Decision not to hear a Member (SO 43 (2) of the Standing Orders of the House of Representatives)
- Order to withdraw words and to apologise, order to withdraw for the remainder of the day's sitting, offence or insult (SO 36 (4) to (5), and 43 (3), and (9) to (11) of the Standing Orders of the House of Representatives)
- Naming, eventually with suspension and loss of remuneration (SO 43 (4) to (11), and (13) of the Standing Orders of the House of Representatives)
- Adjournment of the House, suspension of the sitting (SO 43 (12) of the Standing Orders of the House of Representatives)
- Other measures (SO 43 (14) of the Standing Orders of the House of Representatives)
|
| Code (rules) of conduct |
· This concept does exist in the country's juridical system (Code of Ethics for Parliamentarians including Ministers, see its S. 1 to 13). There is one other relevant provision (S. 13 of the House of Representatives (Powers and Privileges) Act).
· Penalties foreseen for violation of the rules of conduct:
- None for violation of the Code of Ethics (but see Green Paper on Integrity in Public Life of December 1995)
- Fine of ten thousand dollars and forfeiture of amount or value of bribe (S. 13 (2) of the House of Representatives (Powers and Privileges) Act; prohibition to receive bribe)
· Competent body to judge such cases/to impose penalties: the Attorney General (S. 14 of the House of Representatives (Powers and Privileges) Act; prohibition to receive bribe)
· Procedure (S. 14 of the House of Representatives (Powers and Privileges) Act; prohibition to receive bribe). In this case, MPs have (no) means of recourse.
|
| Relations between MPs and pressure group |
· There are no legal provisions in this field.
|
Compare data for parliamentary chambers in the Mandate module
