Coalition Government Can Use Section 51 of Standing Orders to Suspend Proceedings, Push Through Urgent Bills

How serious and urgent is the Coalition Government’s desire to implement its policies?

They need legislative approval by Parliament to make them lawful. Prime Minister Sitiveni Rabuka and his parliamentary caucus have an ally in achieving this in section 51 of the Standing Orders. This is Parliament’s Bible and governs its proceedings.

The previous Government used it to its advantage to push through urgent matters. Although it was criticised for allegedly short-circuiting the system, it was within the ambits of the law.

The argument that it bypassed the consultative process and the committee stages was merely academic.

It got the job done, so to speak. It was easy to take pot shots at the Government from the Opposition bench but now that it’s in power, the Government has to use its wisdom and be smart and be realistic. It may require swallowing its pride about its original negative perception of Section 51.

It could use it to its advantage. Today, Parliament meets to listen to the ceremonial address by the President, Ratu Wiliame Katonivere. He will outline the policies and programmes of the new Government for the following 12-month period.

Parliament is then adjourned until such sitting day as the Speaker, Ratu Naiqama Lalabalavu decides. It’s likely to be adjourned to Monday, February 6, when a motion may be moved without notice for an address of thanks to President Ratu Wiliame’s speech in this form: “That this Parliament thanks His Excellency the President for His most gracious speech.”

The word “may” means there is room for flexibility and this is where Section 51 can be used to suspend the MPs’ response to President Ratu Wiliame’s speech for one week to allow Parliament to discuss urgent bills and matters of national interest.

From a legal perspective there is nothing explicit in the Standing Orders that says Government cannot do it.

The batting order in the Order Paper follows a parliamentary convention that has been practised under previous democratically elected governments and democratic institutions.

This could be the first time that a Government will buck the trend if the coalition decides to use Section 51 in delaying the debate on the President’s speech.

The need for a Mini-Budget is one of the more pressing matters. While Minister of Finance Professor Biman Prasad has ruled it out, it does not have to be a complicated and complex document. It can be a prudent and practical budget that looks at what changes Government can do right away with the approval of Parliament. It can also be done in phases whenever it is legally and legislatively possible.

Most of the policies the Government wants to implement have financial implications so the money bills going through Parliament are unavoidable.

TELS in the education sector is a big and challenging issue for the Government.

Without the legislative compliance it is hamstruck. It can carry on talking about it until the cows come home, there will be no progress until the necessary processes are followed. In the meantime, the future of TELS students and their families hangs in the balance.

Under Section 51, a motion requesting that Parliament consider a Bill without delay—

(a) may be moved without notice; and

(b) shall be moved by the member moving the Bill.

The motion must set out how and when Parliament will deal with each stage of the Bill’s passage through Parliament, including— (a) whether the Bill will pass through one or more stages at a single sitting and, if so, which stages;

(b) what if any time limits will apply to any debates on the Bill during its passage; and

(c) whether the Bill will be referred to a standing committee or other committee of Parliament. The motion to proceed without delay in relation to a Bill may be moved at any stage of the progression of the Bill through Parliament.

On Monday and for the rest of the week, Government can table urgent Bills and motions in Parliament, debate them and pass them. It will give the executive branch of Government, the civil service, the green light to start implementing government policies.

The debate on the President’s speech can start on February 13. There is no urgency unless the Government needs one more week to finish the preparation of the Bills and motions.