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RPRD - Standing Committee

Rules, Procedures and the Rights of Parliament

 

REPORT OF THE COMMITTEE

Tuesday, November 29, 2011

The Standing Committee on Rules, Procedures and the Rights of Parliament

has the honour to present its

SECOND REPORT


Pursuant to Rule 86(1)(d)(i), your committee has reviewed provisions in the Rules of the Senate relating to leaves of absence and suspensions, and recommends the following: 

1.  That rule 139 be amended by the addition of a new subsection (2.1) as follows: 

Suspension of Allowances

(2.1) Where a finding of guilt is made against a Senator who has been charged with a criminal offence that was prosecuted by indictment, the Standing Committee on Internal Economy, Budgets and Administration may order the withholding of the payable portion of the sessional allowance of the Senator in accordance with rule 138 as if the Senator were suspended.; and

 

2.  That rule 140 be amended: 

(a) by replacing subsection (1) with the following:

“Notice of charge

140. (1) As soon as practicable after a Senator is charged with a criminal offence for which the Senator may be prosecuted by indictment, either: 

(a) the Senator shall notify the Senate at the first possible opportunity, in a writing signed by the Senator, delivered to the Clerk of the Senate and laid by the Clerk upon the Table; or

(b) the Speaker shall lay upon the Table such proof of the charge as the court may provide.;

 

(b) by replacing subsection (2) with the following: 

“Leave of absence for accused Senator

(2) When notice is given under subsection (1) the Senator charged is granted a leave of absence from attendance to the Senate as of the time that the notice is laid upon the Table.”; and

 

(c)  by adding a new subsection (2.1) as follows:

Senate resources in case of leave of absence

(2.1) If a Senator is granted a leave of absence under subsection (2), the Standing Committee on Internal Economy, Budgets and Administration may, as it considers appropriate in the circumstances, suspend that Senator's right to the use of some or all of the Senate resources otherwise made available for the carrying out of the Senator's parliamentary functions, including funds, goods, services, premises, moving, transportation, travel and telecommunications expenses.. 

Respectfully submitted,

 

DAVID BRALEY
Deputy Chair


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