Debate (parliamentary procedure)

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For other uses, see Debate.

Debate in parliamentary procedure refers to discussion on the merits of a pending question; that is, whether it should or should not be agreed to. It is also commonly referred to as "discussion".

Purpose

When a motion has been made and is before the assembly, the process of debate could help the assembly determine whether to take action on the proposal. Robert's Rules of Order Newly Revised (RONR) says, "Debate, rightly understood, is an essential element in the making of rational decisions of consequence by intelligent people."[1] One of the distinguishing characteristics of a deliberative assembly is that it is "a group of people, having or assuming freedom to act in concert, meeting to determine, in full and free discussion, courses of action to be taken in the name of the entire group."[2]

Limits of debate

Speech and time limits

Under the rules in Robert's Rules of Order Newly Revised, the right of members to participate in debate is limited to two ten-minute speeches per day on a question.[3] Riddick's Rules of Procedure also specifies a default limit of ten minutes.[4] The United States Senate has a limit of two speeches and no time limit for the speeches.[5][6] In the United States House of Representatives, debate on most bills is limited to 40 minutes.[7] In state legislative bodies, Mason's Manual of Legislative Procedure limits debate to one speech for each question.[8]

Using Robert's Rules of Order Newly Revised, a speaker cannot transfer the time to another member.[9] Also, unlike the practice in Congress, a member of an assembly in an ordinary society cannot yield the floor to let another member speak on his or her time.[9]

Modification of limits

The group could modify the limits of debate to suit its needs. Modification of the speech and time limits could be done for a particular motion, a group of motions, or for the meeting through a motion to limit or extend the limits of debate.[10] The assembly could also remove the limit on the number of speeches by using Informal consideration or by going into a committee of the whole or quasi committee of the whole.[11] If the assembly wants the change of limits to be effective for all its meetings and not just for the current meeting, it could adopt a special rule of order changing the limits on debate.[12]

On the merits, not the member

Debate on any question should be limited to the merits of the question.[13] Debate should not be about other members and especially should not involve any personal attacks.[13] To keep the debate from becoming personal, members should address the chair instead of each other.[5][13][14][15][16][17][18]

No interruption of speaker

A member speaking in debate should not be interrupted unless a rule is being broken or the urgency of the situation justifies the interruption (correcting a speaker of the facts spoken in debate does not justify an interruption).[19] An example of an appropriate situation to interrupt a speaker is if the speaker is starting to make a personal attack on another member.[20]

Not all motions are debatable

All main motions are debatable.[21] Other motions may or may not be debatable. The debatability of motions depends on the purpose of the motion.[21] For example, the purpose of the motion to limit debate would be defeated if this motion itself could be debated; therefore, the motion to limit debate is not debatable.[21]

Chairman should not debate

Except in committees and small boards, the chairman (or whatever title the presiding officer is called) should not speak in debate to maintain the impartiality required of this position.[22] This also means that the chairman should not interrupt a speaker so long as that person is following the rules of the group.[23] In addition, Robert's Rules of Order Newly Revised states that "under legitimate parliamentary procedure, there is no such thing as 'gaveling through' a measure."[3] In other words, the chairman cannot move so quickly through the proceedings so as to disregard the rights of members to speak on it.

Speaking order

The member who made the motion is entitled to speak first in debate.[24] Then members are called on the order in which they are recognized by the chair, although members who have not spoken yet get preference over those who have.[24] If possible, the chair alternates between someone in favor and someone against the motion.[24]

Closing debate

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See also: Previous question and Cloture

A member can make a motion to close debate immediately. The assembly of an ordinary society could decide to adopt such a motion by a two-thirds vote or by unanimous consent.[25]

Debate is automatically closed when no one else wants to speak on the motion.[26]

See also

References

  1. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  2. ↑ Robert 2011, p. 1
  3. ↑ 3.0 3.1 Robert 2011, p. 387
  4. ↑ Riddick & Butcher (1985). Riddick's Rules of Procedure, 1985 ed., p. 178
  5. ↑ 5.0 5.1 Lua error in package.lua at line 80: module 'strict' not found.
  6. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  7. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  8. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  9. ↑ 9.0 9.1 Lua error in package.lua at line 80: module 'strict' not found.
  10. ↑ Robert 2011, p. 191
  11. ↑ Robert 2011, p. 530
  12. ↑ Robert 2011, p. 390
  13. ↑ 13.0 13.1 13.2 Robert III 2011, p. 31
  14. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  15. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  16. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  17. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  18. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  19. ↑ Robert 2011, p. 384
  20. ↑ Robert 2011, p. 392
  21. ↑ 21.0 21.1 21.2 Robert 2011, p. 397
  22. ↑ Robert 2011, p. 394
  23. ↑ Robert 2011, p. 44: "The presiding officer must never interrupt a speaker simply because he knows more about the matter than the speaker does."
  24. ↑ 24.0 24.1 24.2 Robert III 2011, p. 30
  25. ↑ Lua error in package.lua at line 80: module 'strict' not found.
  26. ↑ Robert III 2011, p. 24
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