By Loretta B Manele
Speaker of parliament, John Patterson Oti briefly spoke on the procedure for withdrawing a motion in parliament yesterday.
He explained that withdrawing a motion is provided for in Standing Order 31 and has two components.
“First, when a member puts on a notice, his or her intention to move a motion, the notice goes on the business paper. This is the notice board, if you like, of all the business to be considered by the house”
He said when the notice satisfies the notice period and, in this instance, referring to the motion of no confidence tabled for yesterday’s parliament sitting, 7 days is required under Section 34.2 of the constitution for a vote of no confidence, that has been satisfied.
“Moving today, tabling today is more than the period of 7 days which is enshrined in Section 34.2 of the constitution”
Oti added that therefore, when a notice satisfies the period, the motion goes on the paper for a particular sitting in which parliament may deal with it.
He also stated that however, before a particular motion is put on the paper, if a member wishes to withdraw the motion by writing to the clerk stating his or her intention, in effect, the motion is removed from the business paper and it is no longer a business for parliament to deal with or to consider.
Oti went on to state that on the other hand, if a motion is put on the order paper for a particular sitting, the member may only withdraw the motion on the floor of parliament.
He said this is because the motion is no longer the member’s business, but it has become the business of the house, and therefore, the house must agree to withdraw it.
“Therefore, this does not simply mean the member announces his or her intention to withdraw the motion. He or she must obtain the permission of the house.
If there is any dissenting voice or some disagreement on the proposed withdrawal, the member must move the motion”
The speaker of parliament concluded that if the member insists on withdrawing the motion, she or he must ask the speaker’s permission to withdraw the motion by moving another motion without notice to withdraw the initial motion.
