| Parliament name |
Parliament |
| Structure of parliament |
Bicameral |
| Chamber name |
Senate |
| Related chamber (for bicameral parliaments) |
House of Representatives
|
| 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. 43 (1) of the Constitution; for dissolution, see Art. 68 of the Constitution)
|
| Can MPs resign? |
No |
|
| Can MPs lose their mandate ? |
Yes |
(a) Loss of mandate for not attending sittings of Parliament (S. 43 (2) (a) of the Constitution, SO 77 (2) of the Standing Orders of the Senate; see also Participation in the work of Parliament)
(b) Loss of mandate for incompatibilities (S. 43 (2) (b) of the Constitution)
(c) Loss of mandate for loss of eligibility (S. 43 (2) (c) and (d), (3) to (6) in connection with S. 41 and 42 of the Constitution)
(d) Declaration, by the President, of a seat to be vacant (S. 43 (2) (e) of the Constitution)
|
| STATUS OF MEMBERS |
| Rank in hierarchy |
|
| Indemnities, facilities and services |
· Diplomatic passport for the President, official passport for the other Senators
· Basic salary:TTD 4,000 per month, (TTD 8,000 for the President, TTD 5,700 for the Vice-President)
· No exemption from tax
· Special pension scheme only for the President
· Other facilities:
(a) Official housing
(b) Official car
(c) Postal and telephone services
(d) Travel and transport
(e) 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 in connection with S. 1 (2) 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 35 (4) to (5), 43 (3), and (9) to (12) of the Standing Orders of the Senate, see Discipline)
|
| Parliamentary immunity - parliamentary inviolability |
· The concept does exist (S. 4 in connection with S. 1 (2) 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 Senate 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 Senate.
· Handbook of parliamentary procedure:
- Standing Orders of the Senate
|
| 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 77 (1) of the Standing Orders of the Senate).
· Penalties foreseen in case of not attending sittings of Parliament (S. 43 (2) (a) of the Constitution, SO 77 (2) of the Standing Orders of the Senate): loss of mandate
|
| Discipline |
· The rules governing discipline within Parliament are contained in SO 35 (4) and (5), 41, and 43 of the Standing Orders of the Senate.
· Disciplinary measures foreseen:
- Direction to discontinue the speech (SO 43 (1) of the Standing Orders of the Senate)
- Decision not to hear a Senator (SO 43 (2) of the Standing Orders of the Senate)
- Order to withdraw words and to apologise (SO 43 (3) (b) of the Standing Orders of the Senate)
- Order to withdraw for the remainder of the day's sitting (SO 43 (3), and (9) to (12) of the Standing Orders of the Senate)
- Naming, eventually with suspension and loss or remuneration (SO 43 (4) to (12), and (14) of the Standing Orders of the Senate)
- Adjournment of the Senate, suspension of the sitting (SO 43 (13) of the Standing Orders of the Senate)
- Other measures (SO 43 (15) of the Standing Orders of the Senate)
· Specific cases:
- Offence or insult (SO 35 (4) to (5), 43 (3), and (9) to (12) of the Standing Orders of the Senate): 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 41 of the Standing Orders of the Senate):
- 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 Senate, suspension of the sitting, offence or insult: the President
- Decision not to hear a Senator, suspension and loss of remuneration, other measures: the Senate
The President is competent to enforce the rules of order (see SO 43 (10) and (11) of the Standing Orders of the Senate).
· Procedure:
- Direction to discontinue the speech (SO 43 (1) of the Standing Orders of the Senate)
- Decision not to hear a Senator (SO 43 (2) of the Standing Orders of the Senate)
- Order to withdraw words and to apologise, order to withdraw for the remainder of the day's sitting, offence or insult (SO 35 (4) to (5), and 43 (3), and (9) to (12) of the Standing Orders of the Senate)
- Naming, eventually with suspension and loss of remuneration (SO 43 (4) to (12), and (14) of the Standing Orders of the Senate)
- Adjournment of the Senate, suspension of the sitting (SO 43 (13) of the Standing Orders of the Senate)
- Other measures (SO 43 (15) of the Standing Orders of the Senate)
|
| Code (rules) of conduct |
· This concept does exist in the country's juridical system (Code of Ethics for Parliamentarians including Ministers) but is only applicable to MPs (see House of Representatives - Code of conduct). However, there are some relevant provisions (SO 78 of the Standing Orders of the Senate, and S. 13 in connection with S. 1 (2) of the House of Representatives (Powers and Privileges) Act).
· Penalties foreseen for violation of the rules of conduct: fine of ten thousand dollars and forfeiture of amount or value of bribe (S. 13 (2) in connection with S. 1 (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 in connection with S. 1 (2) of the House of Representatives (Powers and Privileges) Act; prohibition to receive bribe)
· Procedure (S. 14 in connection with S. 1 (2) of the House of Representatives (Powers and Privileges) Act, prohibition to receive bribe). |
| Relations between MPs and pressure group |
· There are no legal provisions in this field.
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