Senate
 This article is a part of the Politics and Government of Ibagli series. |
| Executive |
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Monarch (King Charles III) |
| Legislative (Parliament) |
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House of Commons (Speaker) |
| Judicial |
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Supreme Court (Chief Justice) |
The Senate is the upper house of the Ibaglian Parliament, which also consists of the Sovereign and the House of Commons. It consists of up to seventy Senators appointed by the Governor-General of Ibagli on the advice of the Prime Minister.
The Senate is referred to as "the upper house" of Parliament, and the House of Commons "the lower house". This does not, however, imply the Senate is more powerful than the House of Commons. Indeed, as a matter of practice and custom, the Commons is by far the dominant chamber. Although the approval of both Houses is necessary for legislation, the Senate rarely rejects bills passed by the democratically elected Commons. Moreover, the Government of Ibagli is responsible solely to the House of Commons; the Prime Minister stays in office only as long as he or she retains the support of the lower house. The Senate does not exercise any such control. Although legislation can normally be introduced in either house, the majority of government bills originate in the House of Commons. Moreover, under the constitution, money bills must always originate in the lower house.
History
The Senate came into existence in 1955, when the Parliament of the United Kingdom passed the Ibagli Act, granting Ibagli independence. The Ibaglian Parliament was based on the Westminster model (that is, the model of the Parliament of the United Kingdom). The Senate was intended to mirror the British House of Lords, in that it was meant to represent the social and economic élite.
The Senate is a direct predecessor to the Legislative Council of Ibagli, the upper house of the original Ibaglian assembly. It retains many of the same powers, operates in a similar function, and sits in the same chamber.
Soon after independence, the body quickly turned into a mere source for political patronage in the eyes of many Canadians. It soon became a body that simply "rubber-stamped" legislation passed by the House of Commons; very rarely did the Senate seek to challenge the will of the democratically elected lower house. No party, however, wished to lose a chief method of granting patronage. In the 1970s, a proposal to elect the Senate failed to pass through Parliament. Since about 2000, there has been a movement to abolish the Senate.
2005 Scandal
In both 2004 and 2005, a constitutional amendment abolishing the Senate passed through the House of Commons. A group of 30 Senators used delaying tactics such as introducing thousands of amendments to the resolution and threating to force divisions on each amendment, a task which could take years, and proposing numerous resolutions calling for the abolition of the House of Commons.
In response to the delays, then Prime Minister Vincent McNeese advised Governor-General Annette Farquhar to prorogue Parliament thrice in one night, with only the Senators in favor of the amendment present at the prorogations. The Senators who were not present did not technically attend two sessions in a row of the Senate, and were removed from the Senate by a clause in the Constitution Act.
Immediately, opposition parties called for the resignation of the Prime Minister. The next day, the Governor-General called Prime Minister McNeese to Government House and ordered him to advise her to reinstate the dismissed Senators or resign. Upon his refusal to do either, she dismissed him. Shortly after his dismissal, Leader of the Opposition Marcus Smallegan was given a temporary commission as Prime Minister, on the condition that he would reinstate the Senators and advise a dissolution of Parliament.
It is believed that the Governor-General had been threatened with dismissal if she did not go to Parliament to prorogue it, and that she did as the Prime Minister advised only so she could stay Governor-General and set the situation right the next day.
Officers
The presiding officer of the Senate, known as the Speaker, is appointed by the Governor-General on the advice of the Prime Minister. The Speaker is assisted by a Speaker pro tempore (or Speaker for the time-being), who is elected by the Senate at the beginning of each parliamentary session. If the Speaker is unable to attend, the Speaker pro tempore presides instead. Furthermore, the Speaker is authorized to appoint another Senator to take his or her place temporarily.
The Speaker presides over sittings of the Senate and controls debates by calling on members to speak. If a senator believes that a rule (or Standing Order) has been breached, he or she may raise a "point of order," on which the Speaker makes a ruling. However, the Speaker's decisions are subject to appeal to the whole Senate. When presiding, the Speaker remains impartial, though he or she still maintains membership of a political party. Unlike the Speaker of the House of Commons, the Speaker of the Senate does not hold a casting vote, but instead retains their right to vote in the same manner as any other senator (see Procedure below). The current Speaker of the Senate is Russell McHenry.
The member of the Government responsible for steering legislation through the Senate is Leader of the Government in the Senate. The Leader is a senator selected by the Prime Minister, and serves in Cabinet. The Leader manages the schedule of the Senate, and attempts to secure the Opposition's support for the Government's legislative agenda. The Opposition equivalent is the Leader of the Opposition in the Senate, who is selected by his or her counterpart in the House, the Leader of the Opposition. However, if the Official Opposition in the House is a different party than the Official Opposition in the Senate, then the Senate party chooses its own leader.
Officers of the Senate who are not members include the Clerk, the Deputy Clerk, the Law Clerk, and several other clerks. These officers advise the Speaker and members on the rules and procedure of the Senate. Another officer is the Usher of the Black Rod, whose duties include the maintenance of order and security within the Senate chamber. The Usher of the Black Rod bears a ceremonial black ebony staff, from which the title "Black Rod" arises. This position is roughly analogous to that of Sergeant-at-Arms in the House of Commons, but the Usher's duties are more ceremonial in nature. The responsibility for security and the infrastructure lie with the Director General of Parliamentary Precinct Services.
Procedure
Like the House of Commons, the Senate meets on Parliament Hill in Haphonia. The Senate Chamber is lavishly decorated and coloured red, in contrast with the more modest green Commons Chamber. There are benches on two sides of the Chamber, divided by a centre aisle. The Speaker's chair is at one end of the Chamber; in front of it is the Clerk's Table. Various clerks and other officials sit at the table, ready to advise the Speaker on procedure when necessary. Members of the Government sit on the benches on the Speaker's right, while members of the Opposition occupy the benches on the Speaker's left.
The Senate Chamber is the site of the opening of Parliament, a formal ceremony held at the beginning of each new parliamentary session. During the ceremony, the Governor-General, seated on the throne in the Senate Chamber and in the presence of both Houses of Parliament, delivers a speech outlining the Government's agenda for the upcoming parliamentary session. If the Sovereign is present in Ibagli, he or she may make the Speech from the Throne instead.
Under the Rules of the Senate, the Senate sits Mondays to Fridays. Sittings of the Senate are open to the public, and are transcribed verbatim in the Debates of the Senate. Sittings of the Senate are broadcast live via radio
The Constitution Act, 1955 establishes a quorum of ten members (including the member presiding) for the Senate. Any senator may request the Speaker to ascertain the presence of a quorum; if it does not appear that one is present, the Speaker orders bells to be rung, so that other senators on the parliamentary precincts may come to the Chamber. If a quorum still does not appear, the Speaker must adjourn the Senate until the next sitting day.
During debates, the first senator to rise is entitled to make the next speech. The Speaker may settle disputes over which senator rose first, but his or her decision may be altered by the House. Motions must be moved by one senator and seconded by another before debate may begin; some motions, however, are non-debatable.
Members must address their speeches to the other senators as a whole, using the phrase "honourable senators," without directly addressing an individual Senator. Instead, individual members must be referred to in the third person, not as "you." This is similar, but not identical, to the process in the House of Commons where all speeches and comments are addressed to the Speaker. The Speaker enforces the rules of the Senate during debate. Disregarding the Speaker's instructions is considered a severe breach of the rules of the Senate.
No senator may speak more than once on the same question; however, a Senator who has moved a substantive motion, proposed an inquiry, or sponsors a bill holds a right of reply that enables them to speak again at the close of debate. In the case of a bill, this right of reply can only be exercised at the second reading debate. The Standing Orders of the Senate prescribe time limits for speeches. The limits depend on the nature of the motion, but are most generally about fifteen minutes. However, the Leaders of the Government and Opposition in the Senate are not subject to such time constraints. Debate may be further restricted by the passage of "time allocation" motions. Alternatively, the Senate may end debate more quickly by passing a motion "for the previous question." If such a motion carries, debate ends immediately, and the Senate proceeds to vote. Debate may also end if no senator wishes to make any further remarks.
When the debate concludes, the motion in question is put to a vote. The Senate first votes by voice vote; the presiding officer puts the question, and members respond either "yea" (in favour of the motion) or "nay" (against the motion). The presiding officer then announces the result of the voice vote, but two or more senators may challenge his or her assessment, thereby forcing a recorded vote (known as a division). First, members in favour of the motion rise, so that the clerks may record their names and votes. The same procedure is then repeated for members who oppose the motion, and thereafter repeated again for those who wish to abstain. In all cases, the Speaker holds a vote (which is not usually exercised) and votes first when a recorded division is called; a tied vote results in the motion's failure. If the number of members voting, including the presiding officer, does not total fifteen, then a quorum is not present, and the vote is invalid.
Current Party Representation
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| **** | Liberal Party | 37 |
| **** | Conservative Party | 31 |
| **** | Independent | 2 |