1. The Senate shall comprise the elected representatives of the people, they shall be entitled to use the title of Senator and shall number 530
[1]2. The Senate shall be responsible for the introduction (subject to section I article 5 of this Constitution) debate and passage of legislation within Achkaerin. Decisions shall be made on the basis of a majority vote save in the following circumstances which shall require a two thirds majority of votes cast not including abstentions :
a) A Constitutional Amendment
b) An Amendment to the Achkaerin Military Code of Conduct
c) A vote to override the veto of the Crown (section I article 4)
d) A vote to hold an early General Election.
e) A vote on Constituency Boundaries.
f) A vote to repeal an entrenched piece of legislation
3. The Senate, or in instances provided for in section I the Crown, shall make no law in respect of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
4. Not withstanding a successful vote under Section 2 Article 2(e) of this Constitution a Senate term is five years commencing from election day.
5. A Person shall be eligible to run for the office of Senator if they meet the following criteria:
a) They are of at least 16 years of age.
b) They have no criminal convictions that would preclude them running for office
[2]c) They have no unspent criminal convictions.
d) They have no criminal convictions in the last five years.
e) They are not a serving member of the military.
f) They do not hold a leadership role in any business or organisation both foreign and domestic
[3]g) They have registered with their constituency electoral office as a Candidate.
h) They do not hold a noble title as defined for the membership of the Noble Moot.
i) They do not hold a Royal title.
j) They are an Achkaerinese citizen.
6. A Senator may only be removed from Office under the following circumstances:
a) They are not re-elected in an election
b) They are convicted under the rules governing impeachment.
c) They are convicted of a criminal offence that would fall under the definition of Section II Article 4(b) of this Constitution.
d) They were not properly registered as a candidate in the election or do not otherwise meet criteria laid out in Section II Article 4.
7. A Senator shall have the following rights and responsibilities as a member of the Senate:
a) To be sworn into office on the first day of business following their election as a Senator, citing an oath to protect and uphold the Constitution and to represent the electorate.
b) To be allowed to speak in Debate
c) To ask questions of Ministers of the Government in accordance with the Rules of Debate
d) To ask questions of the Crown in accordance with the Rules of Debate
e) To expect an answer to a question they ask unless ruled on by the Speaker.
f) To be considered for appointment to Senate Committees
g) To request transcripts of Senate proceedings, vote counts and so on.
h) To spend a minimum of 48 hours a week working in their constituency.
i) To register, accurately, as necessary assets into the register of interests.
j) To be suitably dressed while in Liberty Hall.
8. The Senate will consider all fiscal matters concerning national finances, it shall be required to approve all monetary expenditure and shall be required to approve national sales of commodities in trading arrangements. It shall not without a vote create, abolish or modify existing taxes.
The Speaker9. At the first session of the Senate following a General Election the Senate shall elect from their membership a Speaker, the Speaker shall be responsible for the chairing of debates, chairing the Senate business committee, enforcing the rules of debate in the Senate, appointing three deputy speakers who shall be members of the Senate, appointing Senate staff and other such duties.
10. The Senate seat occupied by the Speaker shall not be contested at the following General Election.
11. Only in the event of a tied vote in the Senate shall the Speaker be entitled to vote.
12. Except for Senators only the following people shall be entitled to sit in and address the Senate chamber (none of whom have voting rights):
a) The Crown or their representatives as defined on the index of Senate Membership
b) The National Security Advisor or their representative
c) Invited Guests
13. Only the Speaker shall be entitled to extend invitations for guests to address the Senate.
Election of Senate Officials14. The procedures for the election of Senate Officials shall be as follows:
a) The Speaker
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[li]The Speaker shall be elected from within the Senate membership. In the event that there are only two Candidates for the position a majority vote will decide who becomes Speaker.[/li]
[li]In the event that are more than two Candidates for the position the process shall be over a series of votes using an elimination system to remove the Candidate with the fewest votes each time, this shall continue until one Candidate achieves the support of a majority of Senate members.[/li]
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b) Committee Chairs
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[li]The chair of a Committee such as the Home Affairs Committee, Defence Committee, Economics Committee, Foreign Affairs Committee and so on shall be elected following the same procedure as that of Speaker. However the Committee chairs are to as far as possible be equally apportioned between parties and beyond that in accordance with number of Senate seats held
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[li]The Chair of the of the Backbench Business Committee shall be elected following the same procedure as the Speaker but must be from a non governing party and not be a shadow government minister or opposition spokesperson.[/li]
[li]Committee Chairs must be elected at the start of each Senate term.[/li]
[li]The provisions of this sub article shall not apply to the Senate Business Committee.[/li]
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c) Committee Members
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[li]Each Committee in the Senate shall consist of no more than fifteen members (including the chair).[/li]
[li]A Senator shall be entitled to be considered for Committee membership by signing the appropriate documentation kept in the Clerks Office, in the event that there are less than fourteen people (excluding the chair) wishing to serve on the committee then all signatories shall be appointed to the Committee. Should there be more than fourteen then the procedure used for electing the Speaker shall be used.[/li]
[li]The provisions of this sub article shall not apply to the Senate Business Committee and shall not apply to the Backbench Business Committee[/li]
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Committee Rules15. Committees shall meet for sessions as necessary but must meet at least once a month. The length of Committee sessions may be between two and four hours dependent on Senate business Committee's discretion.
16. Committees shall take evidence from witnesses on matters within their scope of inquiry, should a witness not appear the Committee is empowered to issue legally enforceable witness summons compelling them to appear. The Committee can also issue orders for physical evidence to be provided to it such as documentation, digital recordings and so on.
17. Those appearing before committees are entitled to have legal representation if they desire it.
18. The chair shall determine the order in which committee members are entitled to ask questions but must equally apportion the time between them. The chair shall also determine the witness order and in consultation with the Clerk's office the date of the next session.
Special Committees19. The Senate Business Committee shall be responsible for the scheduling of and timing of Senate debates, Committee hearings and other functions as required it shall meeting every morning of Senate business and comprise the following individuals:
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[li]The Speaker of the Senate[/li]
[li]The Leader of the Senate Chamber[/li]
[li]The Shadow Leader of the Senate Chamber[/li]
[li]The Opposition Spokespersons on Senate Business[/li]
[li]The Chair of the Backbench Business Committee[/li]
[li]The Royal Liaison Officer[/li]
[li]The Senate Sargent at Arms[/li]
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20. The Backbench Business Committee shall meet once a week and be open to membership of all backbench Senators, it shall be responsible for representing the interests of backbench Senators to the Senate Business Committee.
Rules and Conduct of Senate Debate21. The time apportioned for Senate business shall depend on the type of business being conducted, the rules regarding time and order of speakers are as follows:
a) For General Debate:
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[li]The person introducing the business shall be entitled to speak for a maximum of fifteen minutes[/li]
[li]If the person introducing the business is from the government side of the Senate and is not a Minister then the appropriate Government Minister shall have ten minutes to speak on the matter, if the business was introduced by a Minister then the appropriate Opposition Shadow Minister shall have ten minutes to speak.[/li]
[li]Following the Government and lead Opposition parties, each remaining parties spokesperson is afforded ten minutes to speak.[/li]
[li]Senators shall then be entitled to speak for up to five minutes each on the matter before the Senate.[/li]
[li]If it is a legislative item of business, following debate on the legislative principle amendments as selected by the Senate Business Committee shall be debated using the principle of ten minutes to introduce the amendment and then five minutes for other speakers.[/li]
[li]At the conclusion of the debate if the matter is legislation to be put to a vote then the Shadow Minister and Goverment Minister, in that order, shall have five minutes to sum up their positions and respond to points raised in the course of debate.[/li]
[li]Length of debate is subject to the discretion of the Speaker but must be no shorter than two hours.[/li]
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b) For Crown or Departmental Question Sessions:
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[li]The Senator asking the question once called by the Speaker shall have up to two minutes to ask their question[/li]
[li]The Crown or their representative or the Minister concerned shall have two minutes to deliver an answer to the question.[/li]
[li]The questioner shall then have a minute to respond to the answer[/li]
[li]The Speaker shall then call the next Senator[/li]
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c) Urgent Questions/Debates
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[li]If a Senator wishes to ask an urgent question, they must submit both the question and department they wish to answer it to the Speaker, it shall then be left to the Speaker's discretion whether to allow the question or not.[/li]
[li]If permitted the urgent business will be scheduled for as soon as possible on the day with the Senate Business Committee rescheduling other business as necessary.[/li]
[li]If asking an urgent question the questioner will be entitled five minutes to both explain the context and ask the question, the person answering will have five minutes to answer the question, the questioner shall have two minutes to respond before for a period exceeding no more than two hours, subject to the Speaker's discretion, other Senators are permitted to speak.[/li][/list]
[li]If having an urgent debate, the process for General Debate shall be followed but the introducing speaker, Minister, Shadow Minister and Spokespersons shall only have five minutes to speak and the debate time shall be, with discretion of the Speaker, no more than two hours.
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d) Points of Order
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[li]A Senator may make a point of order either during debate or between debates by calling 'point of order'[/li]
[li]Should the Speaker accept the point of order then the Senator may have up to two minutes to make the point of order.[/li]
[li]The Speaker shall then address the point of order.[/li]
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22. In the case of the following matters the initial speaker shall have unlimited time to speak, unless granted leave by the Speaker of the Senate:
a) A motion for a declaration of war
b) The Budget
c) Presentation of a Treaty for ratification debate
d) The Declaration of a new Royal House
e) Presentation of Impeachment Charges
23. Senators who are speaking are entitled to take questions during their contributions to debate, if doing so they do not lose time while the question is being asked. A point of order during debate is also not counted against their time.
24. Senators are expected to be courteous at all times during debate. If found wanting by the Speaker in this they shall immediately apologise or face expulsion from chamber until such time as they do apologise.
25. Senators enjoy Senate privilege - they are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties.
26. In the course of Senate debate a Senator may make a motion for the vote to be put or not put, the motion shall require shall a second and if resisted a majority vote of the Senate shall decide the matter.
Questions Timetable27. The timetable of departmental questions shall be determined by the Senate Business Committee. The timetable shall be on a cycle and with the following exceptions no department shall have a second question session without the cycle being complete:
a) The question session for the Crown shall take place weekly on a Thursday unless the Senate is in recess
b) The question session for the Consul shall take place weekly on a Wednesday unless the Senate is in recess
c) The Business question for the Leader of the Senate chamber shall take place weekly on a Friday unless the Senate is in recess
d) In the case of an urgent question being accepted by the Speaker.
Voting28. Voting in the Senate shall be conducted by electronic tally and if required verbal record, Senators shall vote either 'aye' 'nay' or 'abstain'. An abstention is not counted as a vote.
29. The records of votes (and business papers) are kept in the Senate library and are uploaded online onto the Senate's website and apps.